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Questions Answered by Roy Lee Warren

1 Answer | Asked in Criminal Law and Public Benefits for Texas on

Q: Can I sensor tax returns they are requesting?

Im currently under investigation by the OIG for HHSC for medicaid and food stamp fraud. I haven't been charged yet. But they are wanting me to submit copies of the kids dads tax returns for the past 8 years. He is currently under an IRS audit after the tax preparer made a mistake on his income. He... Read more »

Roy Lee Warren answered on Jul 13, 2019

Remember, if the fish kept it's mouth shut it would not have got caught.

Because OIG is attempting to prosecute you, hire a lawyer to represent you. I would not trust them because if they just need to confirm his address they d/n need 8 years. Also going back that far in time could subject...
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1 Answer | Asked in Criminal Law, Business Law, Federal Crimes and Small Claims for Texas on

Q: Is it legal for a Cohabitant to take your car titleand sell it to a salvage yards? What laws were broken and by whom?

Vin number had been altered and parts were sold

Roy Lee Warren answered on Jul 13, 2019

I am assuming they did not just sell the title but the car also. If the person was not otherwise entitled as an owner to the car they had no right to sell it. The level of the theft charge (or conversion) would depend on the value of the car and how the theft occurred. Other factors that determine... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Collections and Federal Crimes for Texas on

Q: Can my wife have a warrant for her arrest for not paying the rest of the bond that she cosigned on?

Even though I had gotten arrested after that and signed for my punishment for that same charge she bonded me out on?

Roy Lee Warren answered on Jul 13, 2019

No arrest would issue because it would be a civil suit to collect on the bond. Also if you ahev already pled to the case the reason for the bond has dissipated.

2 Answers | Asked in Workers' Compensation for Texas on

Q: I fractured my index finger and mangled my tendon on middle finger Do I get IR b4 therapy or After

I already had 1 surgery and scheduled for 2nd to remove pin placed in hand case was only approved 5/16—8/3 Estimate of what case is worth

Roy Lee Warren answered on Jul 13, 2019

Your MMI/IR should be after you have gotten as well as you will ever be from your injury. Typically it would be AFTER therapy, however that is not always the way medical providers determine it. I wish you the best of luck.

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1 Answer | Asked in Workers' Compensation for Texas on

Q: My husband passed away while under WC.

He fell at work that caused trauma to the head, a seizure and heart attack. When his meds ran out he tried getting them refilled and contacted WC and his doctors. He was going back and forth with both with no help. He went 13 days without his meds when he had a fatal heart attack. Who is negligent?

Roy Lee Warren answered on Jul 8, 2019

Your question is simple but the answer is very complex. To establish the heart attack (HA) was related you have the burden of proof and must prove essentially what is a "but for" test. It is one of the most onerous burdens to prove; you must prove his job was a "substantial cause" of the HA. The WC... Read more »

2 Answers | Asked in Workers' Compensation and Medical Malpractice for Texas on

Q: I would like to know if I have a possible medical malpractice case.

Back in November of 2019, I injured my knee stepping off of a bus at work, I started a workmans comp claim the following day. My first MRI showed a tear in my miniscus, and I was recommended physical therapy. I went for about 2 months, a few times a week. During the harder weeks of therapy, I had... Read more »

Roy Lee Warren answered on Jul 1, 2019

I'm sorry for your situation. You ask whether you could have a medical malpractice claim. The WC Appeals Panel Manual provides the following:

An IW who has sustained a compensable injury is not limited to compensation of merely the compensable

injury itself if the injury, or any...
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1 Answer | Asked in Criminal Law for Texas on

Q: What does the term theft 2500/2 more prevs/ convs means

How much jail time can you get from stealing merchandise at Wal-Mart.

Roy Lee Warren answered on Jun 25, 2019

My best educated guess is it refers to theft of at least $2,500, with enhancement by two prior convictions. The Texas Penal Code Section 31.03 lists theft greater than $2,500 as follows:

(e) Except as provided by Subsection (f), an offense under this section is:

(1) a Class C...
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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Texas on

Q: My wife was convected for 5 yrs evadeing detention w/ vechicle we appealed.it was affirmed how can i aske for house ares

Roy Lee Warren answered on Jun 25, 2019

You must make that request through your attorney but you should not get your hopes up. If the decision has been upheld you're in a tough spot--sorry.

1 Answer | Asked in Criminal Law for Texas on

Q: Is the verbal order of a judge to the prosecutor in a hearing unenforceable? Can the prosecutor ignore it if he chooses?

Roy Lee Warren answered on Jun 19, 2019

I think it would be enforceable, particularly if the DA wants to keep a good relationship with the Judge. Also if a court reporter was in the court the order may be recorded anyway. When a formal proceeding is being held the court reporter is usually typing everything said so you may want to check... Read more »

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 »

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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.

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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...
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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...
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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 »

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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 »

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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...
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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 »

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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....
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