Questions Answered by Roy Lee Warren

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

1 Answer | Asked in Civil Rights and Constitutional Law for Texas on
Answered on Mar 18, 2019
Roy Lee Warren's answer
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.

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

1 Answer | Asked in Criminal Law for Texas on
Answered on Feb 28, 2019
Roy Lee Warren's answer
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.

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

2 Answers | Asked in Criminal Law for Texas on
Answered on Feb 25, 2019
Roy Lee Warren's answer
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...

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

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Texas on
Answered on Feb 21, 2019
Roy Lee Warren's answer
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. Good luck and I hope it all works out for you.

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

1 Answer | Asked in Criminal Law for Texas on
Answered on Feb 21, 2019
Roy Lee Warren's answer
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 if you have not even been charged yet.

Q: The insurance adjuster I have said they are not workers comp the have there own insurance. I have been trying to get the

2 Answers | Asked in Workers' Compensation for Texas on
Answered on Feb 15, 2019
Roy Lee Warren's answer
SORRY FOR YOUR SITUATION. I do not always trust employers, call Texas Department of Insurance,Division of Workers Compensation (I think the main line is 512 804-400; but you can look it up online). Or you can go to the website and look it up yourself.

If the employer is truthful and they do not have wc, one of two things. They could be "self insured" meaning they still must follow wc laws. Or they could have an ERISA plan that is not wc. If that is the case ask for a copy of the policy...

Q: How much notice is required for a judge to be recused or recuse himself before a bench trial?

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Answered on Feb 15, 2019
Roy Lee Warren's answer
My favorite answer, it depends. I am kidding, I hate saying that. But you can object the day of trial if that is when you discover a disqualifying connection. But generally it is best to file a motion in accordance with the local rules in your County that is applicable to motions for defendants. Go to the County website and check its local rules. Good luck.

Q: How do I find out if my employer has workers compensation? Do they have to file a claim or not? The doctor they sent me

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Feb 8, 2019
Roy Lee Warren's answer
You can call DWC in Austin or look your employer up online at the Texas Department of Insurance, Division of Workers' Compensation (DWC) to see if they are covered. The employer has the DUTY to report all lost time injuries to DWC and its carrier or it can be penalized for failure to do so. It is NOT your responsibility to report the injury to anyone other than your employer (within 30 days). In fact even if you beg the employer not to report your injury it still has the duty to report the...

Q: If your employers fires you while you are on workers comp in Texas . Does workers comp stop paying you wages ?

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Feb 8, 2019
Roy Lee Warren's answer
Depends (I hate saying that) on whether you were terminated for cause or for a reason not your fault. If you are fired because you are no longer able to perform the functions of your job demands you may still be entitled to income benefits if you are not otherwise disqualified. A reason your benefits could be stopped is if you are at MMI and released to return to work. Also be aware once you reach MMI, assuming you are awarded IR, you are still entitled to impairment benefits awarded if you are...

Q: If i was granted a motion why is there a hearing

1 Answer | Asked in Civil Rights for Texas on
Answered on Feb 8, 2019
Roy Lee Warren's answer
The best source for information is...your lawyer.

Q: I was force to resigned or get terminated for using a police car to go home and work. I am a Chief of police

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Texas on
Answered on Jan 28, 2019
Roy Lee Warren's answer
My goodness, I cannot believe they treated you like that! Look at the employment policies to determine whether such events are addressed, if not you may well have an argument against your employer to claim "implied consent" because it acquiesced to your previous use. The fact you were on call 24/7 also should help your cause. You could be entitled to mileage for use of your car. Contact Texas Employment Commission. Good luck to you.

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...

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