Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Roy Lee Warren

2 Answers | Asked in Criminal Law, Traffic Tickets, Collections and Probate for Texas on

Q: How can I get my failuer to maintain financial responsibility citation dismissed

Also my criminal mischief charge dismissed

Roy Lee Warren answered on May 20, 2019

I AM SORRY FOR YOUR SITUATION. Generally to get a dismissal you will need to hire a lawyer (preferably one that is local) to negotiate on your behalf. I have negotiated deals in situations such as yours where my client gets insurance right away and demonstrates 6 months of compliance. In that... Read more »

View More Answers

3 Answers | Asked in Criminal Law for Texas on

Q: I had agg.asslt w/deadly wpn chrg against my spouse. Case dismissed. How does she get her firearm back?

Roy Lee Warren answered on May 6, 2019

She will need to file a Motion to Return Seized Property with the court where her case was pending. You can ask the DA to agree to the motion which will help expedite the process.

View More Answers

3 Answers | Asked in Criminal Law and Personal Injury for Texas on

Q: I was raped and the man is about to go to trial. Can I sue him in civil court for my medical damages?

Roy Lee Warren answered on May 6, 2019

I am sorry for your experience.

Yes you can sue civilly and you can also seek recovery under the Crime Victims Act (CVA). Ask the district attorney's office in the county where the case is being prosecuted about recovery under the CVA. I think you can recover up to $50,000. Good luck to...
Read more »

View More Answers

1 Answer | Asked in Workers' Compensation for Texas on

Q: How do I find out if I have a case? Had carpal tunnel surgery and may need a 2nd

Roy Lee Warren answered on May 4, 2019

You may have a claim depending on if you gave notice.

Did you report (does not have to be in writing) an injury w/i 30 days of the date you knew or should have known the condition was caused from your job? The date of injury (DOI) is seldom the first onset of symptoms but rather when the...
Read more »

2 Answers | Asked in Workers' Compensation for Texas on

Q: I work for a public school district. I got my foot tangled in an electrical cord and fell on concrete breaking my hip.

I took sick leave in lieu of a workers comp check. WC approved that but didn’t tell me it would cause problems. I also worked another job before breaking my hip in several places. Now they say I can’t draw compensation for the second job. Is this right or should I be able to draw a percentage... Read more »

Roy Lee Warren answered on May 4, 2019

I am sorry you made that election to take your "earned" sick time and/or PTO. Governmental jobs are unique in that way (they can elect accumulated sick pay and the election cannot be reversed). I have tried and tried to come up with an instance when it is better for the injured worker to elect... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Texas on

Q: I was on probation and now I want to expunge my record. Is that possible?

I served five years probation in lieu of two years state jail time. I want to expunge my felony off my record as I haven't obtained any other crimes since I was on probation and subsequently released. How would I go about doing that? Every book or article I've read says that I can't ask for... Read more »

Roy Lee Warren answered on May 3, 2019

THANKS FOR YOUR QUESTION. Unfortunately you are correct, once you are on probation you cannot get it expunged. However, all is not lost, you can get your record sealed after 2 years. Also, I am hoping you received differed adjudication probation and successfully completed it? If so you still have... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Texas on

Q: I went jail for 17 hours. My pup was left with my BF. I got out and now he wont tell me where she is. Can I press charge

The cops confirmed with him that he would take her until I got out. Now I'm out and xant find her . He said he dropped her off at barc but I've looked at all shelters and she isn't there. Now he says my dog is gone but wont clarify. She was 7 and half week old puppy . I have the vet bill for.her... Read more »

Roy Lee Warren answered on Apr 30, 2019

I appreciate your question. It can be very hard on some people when pets are mistreated, taken or lost.

He could be prosecuted for theft of property (your pet is considered property) but more than likely the prosecution would be unwilling to try to prove that unless you have some proof...
Read more »

1 Answer | Asked in Criminal Law for Texas on

Q: I need copies of the victim statements that were used against me in a conviction for attempted indecency with a child.

The conviction was in 2000. The state refuses to give me copies under the public information act.

Roy Lee Warren answered on Apr 29, 2019

Thanks for your question. Unfortunately the State Var has sided with the prosecution when it comes to providing statements to defendants. Under the Texas Ethical Rules of Conduct for lawyers the prosecution is allowed to demand that defense lawyers NOT give copies of statements the state provides.... Read more »

1 Answer | Asked in Criminal Law for Texas on

Q: I was convicted of attempted sexual assault of an adult female and I discharged that in 2002. I was recently released

Prison May1 2018. I don’t have to register. But the parole board has me going to SO counseling. I’m on parole for aggravated robbery. Why am I going to these classes.

Roy Lee Warren answered on Apr 24, 2019

Thanks for your question. I have had clients faced with a similar problem. Some parole officers may not know the law on what you are required to do. Look to your release documents to determine whether it was part of your release. If it was not ask RESPECTFULLY your PO where it is documented that... Read more »

3 Answers | Asked in Criminal Law and Domestic Violence for Texas on

Q: I was arrested for Artical 17.292(a) I was ordered to stay 500’ from my fiancé home or place of employment for 61 days

I was made threatening comments to her. We are able to be with each other anytime other then at her home or place of employment. It was a class c misdemeanor.

My fiancé wants to remove the 61 day restriction. So I can go to her home. How does she go about getting this removed?

Roy Lee Warren answered on Apr 24, 2019

THANKS FOR YOUR QUESTION. Please do not otherwise meet with her. It would be a violation of the TRO or you could be prosecuted for tampering with a witness. She must go to the DA's office in the county where the case was filed to file an affidavit of non-prosecution. It is up to the DA whether the... Read more »

View More Answers

1 Answer | Asked in Criminal Law for Texas on

Q: Incarcerated for a 2nd MTR on deferred probation due to non payment is it possible he get reinstated

He has a good job waiting he got a letter while in jail at the moment from district clerk saying upon his release he must pay the full amount or go to office and set up payment plan could this mean something good.

Roy Lee Warren answered on Apr 16, 2019

Thanks for your question.

I would not read too much into the letter from the clerk's office. It has been my experience those are routinely sent out. Also be aware that the clerk's office has been known to threaten revocation of the Defendant's driver's license if the payments are not made....
Read more »

2 Answers | Asked in Civil Rights, Gov & Administrative Law, Public Benefits and Social Security for Texas on

Q: Are there protection laws for back pay or funds received from SSDI that a person took and invested ?

An individual received SSDI,(not SSI) along with back pay, after a long struggle with the Social Security Adm., in mid-spring of '18. Upon receiving the back pay, this person, who doesn't have a 401k, nest egg, family support...etc., decided to invest a percentage of the money into stocks & such,... Read more »

Roy Lee Warren answered on Apr 16, 2019

THANK you for an excellent question. I believe you and I would get along great. The situation of which you speak is one of the more ridiculous scenarios of SSI in my opinion. However I am sure it makes sense to those that wrote the law. SSI benefits are based on need so if the person that receives... Read more »

View More Answers

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on

Q: Can an Employer threaten your job for requesting to file an on the job injury, i work for the post office

I work at the post office and i had injured my back and shoulder and when i requested to file an injury for workmans comp to pay the supervisor said that if i tried to file it would jeopardize my employment with them

Roy Lee Warren answered on Apr 15, 2019

They absolutely cannot terminate your job for filing a wc claim. However you could lose your job if your injuries prevent you from being able to perform your job, but that would be true whether you filed a claim or not. Also once you told the supervisor about your claim (s)he must file the claim,... Read more »

4 Answers | Asked in Criminal Law for Texas on

Q: I have a pending theft charge that has been enhanced to a felony. Is there a chance that I could get them

I want them to plea bargain down to misdeamenor. It was enhanced due to prior Theft by check charges from about 15 years ago. I was at Walmart and did the self check out and forgot to ring up $103 worth of merchandise which it was a total accident. I paid over $200 and thought I had rang up... Read more »

Roy Lee Warren answered on Apr 15, 2019

It would seem you may be able to request a 1244(a) deal once you have an attorney representing you. However, it is up to the DA if such an offer is given but it does not hurt to ask. Your explanation seems reasonable to me so I hope you get it resolved. Best of luck.

View More Answers

2 Answers | Asked in Criminal Law, Federal Crimes, Personal Injury and White Collar Crime for Texas on

Q: If a federal judge deny a complaint based on prejudice, can he or she be sued?

Roy Lee Warren answered on Mar 26, 2019

Yes they can be sued but your case would be quickly dismissed unless you can prove some egregious error because the judge has good faith immunity that is very difficult to overcome. Seldom is a suit against a federal judge successful.

View More Answers

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on

Q: Q: If there is a recording device inside of a bag with marijuana, can police warrantlessly listen to recordings on it?

Roy Lee Warren answered on Mar 18, 2019

It may depend on whose bag it is but generally, no, they must have probably cause to open the bag. Once the bag has been opened the MJ would give them probable cause. But the US Supreme Court is currently to rule on whether the police have the right to search cell phones. That may change things.

1 Answer | Asked in Criminal Law for Texas on

Q: In South Carolina, there's a law that states it's legal to beat your wife on the first steps of a court house

Roy Lee Warren answered on Feb 28, 2019

So your Question? It is illegal to beat your wife anywhere in Texas, as I assume it would be in SC. Of course the Bible says a man should not beat his woman with anything bigger around than his thumb, thus the saying, "the rule of thumb". Still does not make it right.

2 Answers | Asked in Criminal Law for Texas on

Q: Can I be charged with possession of dangerous drug for having my bf prescription unopened in my car when he was with me

I was arrested and he let my bf take my car so he knew that my bf was with in car with me

Roy Lee Warren answered on Feb 25, 2019

Probably, you can be charged but the real issue is whether you can be convicted, I do not believe so based on the facts you have presented. If the medication was your bf and he was in the car...

View More Answers

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Texas on

Q: I got my cousin pregnant when I was 17 but turned 18 while she was pregnant she is 15 can I go to jail for this

Roy Lee Warren answered on Feb 21, 2019

Yes, you could go to jail because having sex with a minor is against the law. However when the participants ages are not greater than 3 years apart the is an affirmative defense (meaning you must assert the defense or it is waived) known as the "Romeo and Juliet" law that can be a defense for you.... Read more »

1 Answer | Asked in Criminal Law for Texas on

Q: If I have 18 months jail credit on 1 case and 8 months credit on 2nd case do I receive jail credit on both cases

Charges are ran concurrent with 15 year sentence on each case do I receive the 18 months plus the 8 on second charge,, cases in Louisiana

Roy Lee Warren answered on Feb 21, 2019

If your cases are in Louisiana you need to ask your question there because +your case is under state law an states can differ. But in Texas, yes, generally credit is given on both but only if you have been charged for the offense already. You do not get credit for time served on the second offense... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.