Questions Answered by Roy Lee Warren

Q: I supposedly have a dwi on my record and. There is nothing on my record about it i belive there is some mistake

1 Answer | Asked in DUI / DWI for Texas on
Answered on Jan 16, 2019
Roy Lee Warren's answer
You should remember whether you were ever charged with a DWI. If you took some other plea you would not have a DWI but you cannot get deferred adjudication for a DWI so if you had probation for a DWI, sorry that would be what it is. Many times people can plea to reckless driving instead. Go to the DPS website and check to see if you have that on your record. Best of luck.

Q: My sister was pulled over for a DUI 11 months ago. She received her blood work back a few months ago. Under the limit

1 Answer | Asked in DUI / DWI for Texas on
Answered on Jan 16, 2019
Roy Lee Warren's answer
Your information is not a rare occurrence. Police reports almost always have errors and a person that is under the BAC can still be charged (and convicted) of a DWI because the test is whether the person has "normal use of their mental or physical faculties" It is anyone's guess whether a person has their "normal" use. As for the state taking its sweet time, I actually like that because people's memories change over time and witnesses go missing, or they change jobs. Also if she were to...

Q: I am us citizen my husband is in prosses waiting to get waiver approval. about 7 months ago he got in trouble dwi?

1 Answer | Asked in DUI / DWI for Texas on
Answered on Jan 16, 2019
Roy Lee Warren's answer
i AM SORRY BUT YOU WILL NEED TO REPOST YOUR QUESTION AS AN IMMIGRATION QUESTION SO YOU WILL GET MORE QUALIFIED ANSWERS. (sorry bout caps) President Trump has caused many changes so a person up to date on immigration needs to help you. Best of luck to you.

Q: I was charged with poss of cs, Looking for a probono attorney who would be able to look in my case.

1 Answer | Asked in Criminal Law for Texas on
Answered on Jan 4, 2019
Roy Lee Warren's answer
You can contact the State Bar and ask for names of those in your area that do such work. Also see the link below. Good luck.

https://www.sll.texas.gov/for-attorneys/legal-resources-online/

Q: If witness comes forward claiming to have been forced to make false testimony will that witness be charged with pergury?

1 Answer | Asked in Criminal Law for Texas on
Answered on Jan 4, 2019
Roy Lee Warren's answer
It likely depends on the credibility of the witness and the circumstances tending to corroborate the different story. You may want to have the witness speak with defense counsel first.

Q: My workers comp case was denied do to wrong onset date..texas dept. of insurance said to refile under the right onset.

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Dec 20, 2018
Roy Lee Warren's answer
You will need to request a BRC followed by a CCH so you can establish the date of injury (DOI). Assuming you have an occupational disease (such as repetitive type injuries) type of injury, the DOI is more difficult to establish. The DOI is seldom the date you first experienced symptoms of the injury. The DWC has stated the DOI is generally the date when the condition requires the worker to seek medical attention.

Q: I am needing an attorney to write a demand letter for me dealing with a Verizon Wireless Store in Conroe, Texas .

1 Answer | Asked in Consumer Law and Small Claims for Texas on
Answered on Dec 19, 2018
Roy Lee Warren's answer
Hi Mr. Ward, I will see if I can at least point you in the right direction in case no one else can help you. First, you may find the answers you are looking for in the first few pages of the phone book. It is a great resource for the laws and regulatory agencies that govern phone companies. Also I will provide a link to legal aid type of help that assist people with situations you are faced with. The link is:...

Q: I just found out my roommate sexually assaulted his daughter 14 months ago. What happens to her after he is arrested

1 Answer | Asked in Criminal Law for Texas on
Answered on Dec 19, 2018
Roy Lee Warren's answer
Fortunately, in Texas, once she is 17 she can move where ever she wants. I am not sure if the State still handles the children the same way as in the past. In the past those juveniles that "got in trouble with the law" were sent to TYC. UNFORTUNATELY Texas also has children that for some reason lose all familial relationships and have no other place to go. They too are sent to TYC when there is not a foster home they can be sent to. I sure hope that policy has been changed. It is a horrific...

Q: Can an acquitted and expunged case be used against you in a new criminal trial on a different charge?

2 Answers | Asked in Criminal Law for Texas on
Answered on Dec 19, 2018
Roy Lee Warren's answer
Sometimes instances of "prior bad acts" are allowed into evidence, even with no conviction. If the Judge allows the jury to hear such evidence, such conduct may well lead the judge's decision to be exposed to a reversal. Also if the judge allows the da to use previous "non-convicted" conduct against you, you are allowed to request a limiting instruction advising the jury not to consider such evidence to prove you acted in conformity with it to convict you of the current charges. (For what it is...

Q: There is no time limit on appeal..its people's lives..please tell me this is the case

1 Answer | Asked in Criminal Law for Texas on
Answered on Dec 19, 2018
Roy Lee Warren's answer
I am sorry but I do not understand your question? But I do agree there should not be a time limit on appeals. I hope you find the answers you seek.

Q: Are schedule injury benifits suspended from when i was arrested and incarcerated or when i was convicted ?

2 Answers | Asked in Insurance Defense and Workers' Compensation for Texas on
Answered on Dec 19, 2018
Roy Lee Warren's answer
I also answer to let you know that under Texas WC, once you are certified as being MMI and assigned an impairment rating, you are still entitled to be paid those benefits, known as IIBs, because that is for damage to your body, not lost wages.

Q: My finance was released from his doctor the 1st of June 2018. Workers Comp has not notified him of a settlement yet.

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Dec 5, 2018
Roy Lee Warren's answer
I am sorry to say you will need to ask this question in the forum located in the State where his case is pending because wc cases are specific to the state. I hope the laws in SC are more favorable than they are here for injured workers.

Q: I just got terminated from my work. I have approximately 85 hours of vacation time I accrued. Can they keep it?

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Answered on Nov 28, 2018
Roy Lee Warren's answer
Many times it may depend on the employer's policies. I will provide you a link to the Texas Payday" laws with TWC which I am sure will provide the answers you seek. Good luck.

Final Wages

Delivery of final wages can be made by the methods listed above. If an employee is laid off, discharged, fired, or otherwise involuntarily separated from employment, the final pay is due within six (6) calendar days of discharge. If the employee quits, retires, resigns, or otherwise leaves...

Q: Will a DUI on my record affect my career as a public school elementary teacher?

1 Answer | Asked in DUI / DWI for Texas on
Answered on Nov 28, 2018
Roy Lee Warren's answer
I will venture an educated guess and say, probably not but the school districts may each have their own policy on such events. Look to your HR policies in your handbook provided by your employer.

Q: who can’t be around children

1 Answer | Asked in Criminal Law for Texas on
Answered on Nov 28, 2018
Roy Lee Warren's answer
I believe that is a true statement, only sex crimes or otherwise ordered to stay away from children. If it is not pointed out in his parole documents then there does not appear to be restrictions.

Q: I am being followed by under cover law enforcement for almost a year.

1 Answer | Asked in Criminal Law for Texas on
Answered on Nov 28, 2018
Roy Lee Warren's answer
If they start invading your privacy or other rights you may be able to have a judge issue an order to restrain them, but from what you say there is no violation of your rights, yet. As long as you are in public you can be followed but they cannot follow you on private property w/o permission.

Q: my case got close. didn't get proper treatment. can I reopen my workercomp case

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Nov 28, 2018
Roy Lee Warren's answer
You need to be careful so your time to dispute does not expire. Typically you have 90 days from the first "verified" notice of the MMI to dispute a MMI/IR that you disagree with. But even if it is past 90 days there are circumstances where you can still dispute. Most wc lawyers will answer your questions if you can get in contact with one.

Q: My neighbor's dog came on my property and was killing my chickens so rather than kill it I gave it away to a good home.

1 Answer | Asked in Criminal Law for Texas on
Answered on Nov 10, 2018
Roy Lee Warren's answer
Probably not. I would have, and have, shot the dog dead on the spot. I love my chickens just as much as others love their dogs, It goes on your property and destroys your property...But it would be best to discuss it with the owner and not post it on social media.

Q: Will I lose my driver's license after one DUI?

2 Answers | Asked in DUI / DWI for Texas on
Answered on Nov 10, 2018
Roy Lee Warren's answer
1st any plea deal is subject to negotiation. The Texas statute provides as follows: Sec. 49.04. DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

(b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

(c) If it is shown on the trial of an offense under this section that...

Q: getting sued for credit card debt can they garnish my disability? I don't own any thing solely can they seize it ?

2 Answers | Asked in Criminal Law for Texas on
Answered on Oct 15, 2018
Roy Lee Warren's answer
Boy you may be in luck. I know there is no garnishment of wages (except for child support and taxes) in Texas but I am not certain as to disability checks. I would think it would be the same. So the general rule in Texas is there is no garnishment in the state of Texas.

HOWEVER, VERY IMPORTANT, once wages are placed into a checking or savings account they are considered commingled and are "fair game" for seizure. Do not deposit!

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