Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Roy Lee Warren

1 Answer | Asked in Criminal Law for Texas on

Q: Will you go to prison on a second offence of family violence

Roy Lee Warren answered on Sep 12, 2019

Not necessarily. Get a good lawyer to defend your rights and if all else fails to negotiate the best resolution to your case that can be made w/o jail time. Good luck to you.

1 Answer | Asked in Criminal Law for Texas on

Q: Who should I talk to if I know that someone lied on a police report and admitted it through text?

He was arrested and charged a misdemeanor class a, he's been going to court for it but every time he went they just asked for job verification, he missed court due to it being in another city with no transportation, his lawyer is court appointed and isn't really that much of a help. The "victim"... Read more »

Roy Lee Warren answered on Sep 12, 2019

You can turn the information over to the DA's office in the County where the case is pending as well as provide it to his lawyer.

I would caution you about speaking with the state or police; be very brief and only give facts you are sure of. Whether the DA agrees to lifting the warrant and...
Read more »

2 Answers | Asked in Criminal Law for Texas on

Q: (Arkansas Statutes § 16-93-303 (2018).) It's been three years since I want to know what I have to do to enact this

Roy Lee Warren answered on Sep 12, 2019

I am sorry but your question is confusing. It probably should be asked in Arkansas b/c it seems to be asking about its law.

Also are you saying it has been 3 years since you wanted to know how to enact the statute? Perhaps you meant to ask that since 3 years has passed, you would like to...
Read more »

View More Answers

2 Answers | Asked in Workers' Compensation for Texas on

Q: Can workers comp doctor's make one use their own private insurance?

I work for a veterinarian and I got bit at work by a dog. The WC doctor said my thumb is fractured so on my third visit he said I was able to use it. Now I have a lot of pain and a not where my thumb meets my hand he said its arthritis now. I didn't have this issue before its painful to turn the... Read more »

Roy Lee Warren answered on Sep 12, 2019

I thank you for your question. Mr. Graham, a well qualified wc lawyer has already answered but I would also like to add a bit more information for you.

As Mr. Graham noted most employers have switched over to "networks" which is incorrectly said to be a network of medical providers created...
Read more »

View More Answers

1 Answer | Asked in Employment Law for Texas on

Q: Can my former employer refuse to pay me for PTO upon termination?

It was determined by the Texas Workforce Commission that I was terminated without cause and unemployment benefits are being paid. Can I now request and get paid the the 56 hour of PTO owed me since my termination was without cause? Their appeal deadline has passed and no appeal was made by my... Read more »

Roy Lee Warren answered on Sep 11, 2019

Yes I believe you should get paid for that if the employer has it in writing you will accrue vacation time and your employer should be penalized for not already paying you for that because it must pay your final pay w/i 6 days. The Texas Employment Commission can also help you with that claim as... Read more »

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

Q: I have two jobs and I was hurt while at one. The dr took me off work. WIll having the second job affect my claim?

My first job is a school bus driving, the second job is a desk job. I tore my meniscus on my left leg.

Roy Lee Warren answered on Sep 11, 2019

Of course, but perhaps not in the way you may believe. If you are taken off work from both jobs the carrier must base your income benefits on your total earnings from both jobs. [Total wages (and benefits if stopped while off work) for the past 13 weeks divided by 13 to arrive at your average... Read more »

3 Answers | Asked in Criminal Law for Texas on

Q: can a charge be dropped if coerced into a search when I said no more than once to enter my home?

Cops show up at my house on a tip there were drugs inside, without a warrant. They asked to come in, I said no. They said we’d be detained (there were 3 others there) until they got a warrant. I said no. Then they said we’d all be arrested if they couldn’t come in. So I reluctantly agreed.... Read more »

Roy Lee Warren answered on Sep 11, 2019

I am sorry for the way you were treated. A couple of things you should be aware of. First police must have corroboration from another source. A neighbor (or ex...) c/n simply call police and then police w/o more accepts the statement and performs a search of your house. A home is supposed to be the... Read more »

View More Answers

3 Answers | Asked in Criminal Law for Texas on

Q: Am I able to expunge my felony criminal mischief conviction from 2000 (when I was 17) ? That was my 1st and only arrest

I was arrested with 2 other friends from school after a dumb night of breaking windows. Multiple misdemeanor charges from one night were aggregated into a felony. I was originally given probation that I unfortunately was unable to complete after basically becoming homeless at 17 due to a very... Read more »

Roy Lee Warren answered on Sep 10, 2019

I am sorry but no, you c/n get a conviction expunged. However you may be able to get your record sealed, especially juvenile records. But even if it is not juvenile charges you may still get the record sealed, depending adequate time has passed and no further infractions. Find a lawyer in the... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Texas on

Q: Do paralegals have to be licensed in texas in order to investigate and interview clients while working for an attorney.

Roy Lee Warren answered on Sep 4, 2019

Thank you for your question. The answer is: No, but they generally would get paid more with a license. They are allowed to work under the lawyer's license and therefore have privileges.

View More Answers

2 Answers | Asked in Criminal Law for Texas on

Q: Is a person having a parole violation warrant probable cause?

They were driving someone else's vehicle. Who was present and never asked permission. When this was mentioned the officer told her his warrant was probable cause.

Roy Lee Warren answered on Sep 3, 2019

I agree with Ms. Pace, if there is an active warrant on a person permission to search is not needed.

View More Answers

1 Answer | Asked in Criminal Law for Texas on

Q: can the D.A. bring up a case the is over 20 years old and add it to a new case to make the crime habitual?

Roy Lee Warren answered on Aug 22, 2019

Possibly, but it depends on the particular situation. The DA can make an enhancement allegations (from previous crimes) to increase the range of punishment, but you for sure will need the assistance of a lawyer. I do not believe it is fair to use previous criminal convictions to increase the level... Read more »

1 Answer | Asked in Workers' Compensation for Texas on

Q: Can an injured worker pay a consultant for review of his/her w/c file vs an attorney?

Roy Lee Warren answered on Aug 22, 2019

Yes, I believe so. While a lawyer c/n be paid directly by an injured worker (IW), I do not recall any prohibition on what you ask. However a medical provider is forbidden from sending bills to IWs but you ask about a consulting expert type of person.

3 Answers | Asked in Criminal Law for Texas on

Q: I was arrested on bogus stalking charges 145 days ago, I have not heard anything from the courts what do I do?

I can’t have this hanging over my head, I don’t have money for a lawyer, what can I do to help myself?

Roy Lee Warren answered on Aug 22, 2019

I understand and sorry for your situation.

I know you want action but sometimes the best action is no action. Over time witnesses disappear or change their statement. Many times cases are not pursued or if they are it can take at least 6 months. Statute of limitations (SOL) for a...
Read more »

View More Answers

1 Answer | Asked in Workers' Compensation for Texas on

Q: What if the WC Dr tells you you have to find your own dr for a second opinion?

Roy Lee Warren answered on Aug 14, 2019

It depends on whether you have a "network doctor" that you were required to use as your doctor. Even so you have the right to request a change in treating doctor but be wise; do not change to obtain a different MMI/IR.

If it is not a network doctor you can request the DWC to appoint a DD to...
Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Texas on

Q: If ones appeal was affirmed by TX COA, can he refile as Pro Se, he no longer has a court appointed attorney?

Court appointed attorney never contacted defendant, only when COA came back as affirmed defendant was notified. This is a Sexual Assualt case of a minor. Where defendant received 50 years no DNA on 1 count of aggravated sexual assault and 3 counts of indecency.

Roy Lee Warren answered on Aug 14, 2019

I am sorry for your troubles. Yes he can proceed pro se. But it would be best to seek legal help from one of the legal agencies. I will post the websites for those that assist people on criminal cases.

Google "Thurgood Marshall School of Law Innocence Project" (TMSLIP).

This...
Read more »

1 Answer | Asked in Criminal Law for Texas on

Q: Does a misdeamenor possession charge bar you from purchasing a gun in the state of texas? no arrest. just a 500$ ticket?

Roy Lee Warren answered on Aug 8, 2019

Thanks for your question.

The answer is typically, no. However, there are certain misdemeanors (upon conviction), such as family violence, that will restrict you gun rights.

All felonies will prohibit gun ownership, federally for life and under the state's law for 5 years after...
Read more »

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

Q: Can i sue a builder for overcharging us? We bought a house in Texas 77007 area in july 2018.

Can i sue a builder for overcharging us? We bought a house in Texas 77007 area in july 2018 and now the builder is selling 3 exact same homes like ours for $50000 less. Also we had a downtown view that is now completely blocked by new apartments. The builder did not disclose this information at the... Read more »

Roy Lee Warren answered on Aug 6, 2019

I hesitate to say it but you have too much invested to not speak to a lawyer in the county where you have the house. You would be hard pressed to recover anything because the seller reduced the price, unless you can establish some type of fraud. The blocked view is not as rare as you may think,... Read more »

2 Answers | Asked in Criminal Law for Texas on

Q: is it legal to put up a trampoline in a yard that does not have a fence would you be held liable if a random kid walkin

Jumped on it and got hurt

Roy Lee Warren answered on Aug 6, 2019

Ms. Pace is correct as usual. Generally I do not answer questions if they already have an answer but I think I can help somewhat. The issue is really could you be sued and the answer is Yes, you could be. However any recovery would be tough without knowing more. If the trampoline is installed... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Texas on

Q: my car is being held on and investigative hold at the impound what can i do

i let my friend use my car to run some errands they ended up going to a verizon store and stole a phone and got into a physical altercation with the store employee and then ran away they dropped the keys and the cops impounded the car and it is on an investigative hold what car i do or is their... Read more »

Roy Lee Warren answered on Aug 6, 2019

I would also add to the other answer by saying you my be able to contact the County Sheriff and ask if the car is still on hold and when you can pick it up from the towing yard. I would caution you not to give any statements to the police w/o speaking with a lawyer. Good luck.

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on

Q: Job applications and felony convictions what is the rights of the applicant and of the employer?

I filled out a job application and I have a felony I check the box and inside wrote the dates and what city the crime occurred in I also wrote will explain further when needed what are my rights the employer sent me back a message stating

Thank you for your interest in employment... Read more »

Roy Lee Warren answered on Jul 29, 2019

Thank you for your question. This is an evolving area under the law. The State of Texas provides a website with the the following:

6.4 JOB SEARCH WITH CRIMINAL RECORD

It is important for a person with a criminal history to be up front about their experience and explain the...
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.