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Questions Answered by Roy Lee Warren
2 Answers | Asked in Criminal Law for Texas on
Q: Is a public defender, appointed by the court, required to actually say anything in a hearing or is it ok to remain mute?

Is it customary, normal, or acceptable to have no contact whatsoever with a public defender prior to the hearing which determines the outcome of your case?

Roy Lee Warren
Roy Lee Warren answered on Jan 15, 2020

Lawyers are bound by ethical obligations to rigorously defend clients. Although I have heard some court appointed lawyers say only the bare minimum defense will be offered on appointed case I completely disgree. I believe the same duty is owed to clients regardless. In fact you can review the... Read more »

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1 Answer | Asked in Car Accidents and Traffic Tickets for Texas on
Q: got a ticket through mail when had an accident but no officers arrived. No one witnessed it. But now a warrant

How can fight this?, County also tried to charge me leaving the scene but statue of limitations played for the county and could no longer attempt to charge me. Although because it had lingered about the ticket and accident I was taken in in another city of Castle Hills in San Antonio for felony... Read more »

Roy Lee Warren
Roy Lee Warren answered on Jan 13, 2020

You will most likely be required to hire a lawyer to help sort that out because several issues are involved. Is the SOL still in play with respect to the citation received in the mail? If the citation is from the same incident the SOL should also apply. You should consult with a lawyer, many give... Read more »

1 Answer | Asked in Small Claims for Texas on
Q: If someone else loans my car out and i lose it because of impoundment who is responsible
Roy Lee Warren
Roy Lee Warren answered on Jan 13, 2020

I WOULD SAY THE PERSON THAT WAS RESPONSIBLE FOR IT AT THE TIME THE CAR IS IMPOUNDED, depending on why.

BUT OF COURSE (sorry, just noticed all caps) if the car was impounded for past parking tickets or some other reason that you are responsible for, that burden would fall on you.

1 Answer | Asked in Federal Crimes for Texas on
Q: Can a felonie for domestic violence be dismissed or removed if new evidence is submitted?
Roy Lee Warren
Roy Lee Warren answered on Jan 13, 2020

Yes, it can, however getting such is very difficult because you must file a writ and obtain a new trial and then you must win the new trial. I doubt the DA's office would agree to reverse the case unless you have some super compelling evidence that you could not have discovered before the trial.

1 Answer | Asked in Criminal Law for Texas on
Q: I have a friend who's been in jail 39 days & still doesnt have a court appt. lawyer assigned to her. Is that normal?
Roy Lee Warren
Roy Lee Warren answered on Jan 13, 2020

I would say that is not typical. You can call the court where he case is pending, ask a court coordinator and request the lawyer be appointed w/o further delay. Good luck.

2 Answers | Asked in Criminal Law for Texas on
Q: What is the distance of a firearm from narcotics to be a felony
Roy Lee Warren
Roy Lee Warren answered on Jan 13, 2020

If I understand what you ask, (possession of firearm while negotiating drugs?) I believe it must be w/i reach of the person charged.

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1 Answer | Asked in Workers' Compensation and Small Claims for Texas on
Q: How would I go about claiming property that has been left on my property

Car left for repairs for 2 in half months, and have not been contactedsince

Roy Lee Warren
Roy Lee Warren answered on Jan 13, 2020

This is not a wc question so you may want to ask it again under a more appropriate classification such as abandoned property or storage. You may be able to discover an answer by reviewing the laws for the following:

Texas Property Law

Sec. 72.101. PERSONAL PROPERTY PRESUMED...
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1 Answer | Asked in Employment Law for Texas on
Q: My and my fiance work at a motel. We are salary and work 24/7. My boss also includes the rent as payment. This legal?

He pays both of us 250 a week and put the check in my name. He said that the amount we pay in rent is also part of our pay. We get no overtime or holiday pay. I never get any days off but once a year. Even if I go run an errand I still have to answer phones. I want to know if this is legal and if... Read more »

Roy Lee Warren
Roy Lee Warren answered on Jan 9, 2020

I am sorry but you will need to speak with someone to give the factual details but this is not a forum that you should use. The best advise I can offer is to contact the Texas Workforce Commission, (TWC) the regulating agency for employers. Considering all the hours you work along with pay, if you... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: Do I have any legal grounds disputing that Lyft will not hire as a driver because of a misdemeanor and overlooking my

20 year honorable Naval career?

Roy Lee Warren
Roy Lee Warren answered on Jan 9, 2020

No, sorry. I agree that your naval career should account for positive point but Texas is an at will employment state so it is very difficult to "make" an employer hire you.

1 Answer | Asked in Employment Law for Texas on
Q: A partner and I are opening a restaurant in Frisco. Can our 11 (almost 12) year old work there (even if for free)?

We do serve alcohol but we know you must be 18. We serve ice cream and they would serve some or wipe down tables/sweep. It’s just on weekends for a few hours.

Roy Lee Warren
Roy Lee Warren answered on Jan 9, 2020

If the 11/12 year old is your child, they can work but the type of work is limited as are the hours. See below. As for alcohol, believe it or not, if a minor is within eyesight of parent or guardian they can actually drink but to serve such beverages I think they must be 21.

Texas Labor...
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1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: is this a sue-able offense

Delivery driver 7 months (for company that delivers for amazon) , terminated because amazon giving fewer routes in in middle of work week, say cant use paid time off, are they suppose to pay me in full after 6 days or if its weekly pay, its on their own timeline what about the paid time off, since... Read more »

Roy Lee Warren
Roy Lee Warren answered on Jan 9, 2020

I suggest you speak with an employment lawyer. This is listed under wc, but it is not a wc type of case.

You may be able to get assistance from the Texas Workforce Commission (TWC). There is an office in Houston. The website is at: https://twc.texas.gov/jobseekers/employee-rights-laws

1 Answer | Asked in Criminal Law for Texas on
Q: Tampering with a security surveillance camera at a private center.... Texas law
Roy Lee Warren
Roy Lee Warren answered on Jan 9, 2020

Unfortunately you do not provide much information, but if private property was damaged when tampering with the surveillance there could be a criminal charge for the damages. The level of the charge would depend on the costs of the damage. I hope this helps.

1 Answer | Asked in Criminal Law for Texas on
Q: How can you get restitution payments changed so you can afford them so your not in violation of probation?
Roy Lee Warren
Roy Lee Warren answered on Jan 9, 2020

You must request the court to modify your restitution payments. No one else can change your payments except the judge.

2 Answers | Asked in Criminal Law for Texas on
Q: Do I need to return a call to a police officer that is asking about an incident I couldn't have been involved in?
Roy Lee Warren
Roy Lee Warren answered on Jan 9, 2020

I would not because you have nothing to gain.

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2 Answers | Asked in Contracts, Criminal Law and Insurance Bad Faith for Texas on
Q: Yes my question is about an Trucker's Group Insurance Policy on the job that fall under an Occupational Accident Policy

an o/o trucker who is leased to this trucking co. this policy is in the trucking co. name only , they is the owner of your policy. and they make up they own rules if they want to pay or not and it is most no to be. I have a stroke on the job back in July 28, 2009 why on the job at work and they... Read more »

Roy Lee Warren
Roy Lee Warren answered on Jan 2, 2020

Thank you for your question. I am certain that you are aware you will need legal representation that is particularly skilled in WC law. However, I am sure that is not why you came to this site. I will attempt to assist you because I understand the dire predicament you are in.

SRS is not the...
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2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: Can a felon restore their gun rights in Texas?
Roy Lee Warren
Roy Lee Warren answered on Jan 2, 2020

thanks for your question. Unfortunately I doubt very much you can get gun rights re-established once there is a felony conviction. I know some lawyers claim to get people reinstated, but I have never seen it accomplished.

However, there may be hope because other type of weapons are being...
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2 Answers | Asked in Criminal Law for Texas on
Q: Minor charged with poss CS <1G, will i be drug tested. If so, during, before, or after court?

New Braunfels of Texas

Roy Lee Warren
Roy Lee Warren answered on Jan 2, 2020

You should proceed as though you will be tested because I have seen judges order a UAs during court. If so ordered you have to submit the UA before the end of the day and although there are "kits" sold to flush your system it is not a method you should rely on. I have heard some people even consume... Read more »

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1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: My husband was an owner operator truck driver we live in tx his employers in Oklahoma. He had a heart attack while on a

Load in Virginia. It was normal not to hear from him for a couple of days because he was lroably out of our cell range . the nigjt came and I befin to worry so much called.my son's all of us plus his friends despertly trying reaching him my.son called.his employer they told him over tbe ohone their... Read more »

Roy Lee Warren
Roy Lee Warren answered on Dec 30, 2019

Thanks for your question; I will try to give you the best answer I can given the complexity. I am very sorry for your loss and because your situation is complicated you need to seek legal counsel, but I am sure you already know that so I can give you a better answer than that, right?

Before...
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1 Answer | Asked in Employment Law for Texas on
Q: Can a Texas sheriff require his deputy (ies) to both wear and pay out-of-pocket for specific uniforms?

Can deputy be fired for non-compliance?

Roy Lee Warren
Roy Lee Warren answered on Dec 30, 2019

Thanks for your question. Texas is an "at will" employment state, meaning employees can be fired for any reason at all, as long as it is not for a Constitutionally protected right (i.e. race, religion...). As for requiring a deputy to purchase their own uniforms, yes, just as nurses must purchase... Read more »

1 Answer | Asked in Animal / Dog Law, Civil Rights and Small Claims for Texas on
Q: Can you bring a defendant's service dog into the courtroom during his hearing?
Roy Lee Warren
Roy Lee Warren answered on Dec 30, 2019

I believe so (my wife said yes) but it must be a certified service dog that has current registration and training. If the dog poses a threat for some reason I am sure it would be excluded. You should be able to ask the court you plan to attend.

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