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Questions Answered by Roy Lee Warren
1 Answer | Asked in DUI / DWI for Texas on
Q: Why wont the prosecutor throw put my DWI case when i obviously didn't do it?

I had a seizure in my vehicle as I am an epileptic. The police arrested me for DWI. I had no alcohol in my system, but now they say my THC levels were too high, but no marijuana or paraphernalia was in the car.

Roy Lee Warren
Roy Lee Warren answered on Apr 4, 2020

I am sorry for your troubles. If the State cannot prove the "amount" or a quantitative level of the THC that would cause "loss of use of your normal mental or physical faculties" it will not be able to prove your case. In that situation my opinion would be to take the case to trial. Good luck.

1 Answer | Asked in Employment Law for Texas on
Q: Can an employer refuse to pay their staff after saying that they would for a certain amount of time?

My employer told those who qualified would receive pay from March 19th- April 2nd. We were just told today that we would not be receiving said pay the day before we would get paid. Just wondering if they actually can do that.

Roy Lee Warren
Roy Lee Warren answered on Apr 1, 2020

I would look at the promise to pay as a contract type of agreement. To have a legal contract there must be an offer and acceptance and "consideration". "Consideration" means that each party agrees to provide something of value to the other. This can be an affirmative offering... Read more »

2 Answers | Asked in DUI / DWI, Traffic Tickets and Probate for Texas on
Q: Ima trying to know how long ima be locked up for
Roy Lee Warren
Roy Lee Warren answered on Apr 4, 2020

Because you asked this under "DWI" I will answer based on DWI 1st.

Each case must be evaluated on its own factual merits, so the range of punishment can greatly vary.

For a DWI guilty plea, I have had cases where plea bargains were negotiated for time served, (an over...
Read more »

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2 Answers | Asked in Workers' Compensation for Texas on
Q: Workers Comp Question:Can I sue my employer if I get hurt a second time even though they knew what my restrictions were?

So I originally got injured on 05/2019, 4 months later I was injured again. My employer was aware of what my restrictions were but still put me to work. Causing the second injury. So my second case is closed as of last week, but my injury I feel is not quite where I feel it should be? Could I sue... Read more »

Roy Lee Warren
Roy Lee Warren answered on Mar 12, 2020

If your employer had wc coverage, sorry that's a complete bar to a PI case, except in a gross negligence case that results in death.

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1 Answer | Asked in Child Custody, Criminal Law and Family Law for Texas on
Q: Can I get custody of my grandchild after being charged with abandon with criminal neglect, if I have changed my life now

I have been clean since they took him from my home. I didnt have custody then. My daughter left him with me. I relapsed. and then let someone smoke meth in another room of my house. I have been babtised. I am working now. I bhought my own car. I go to narcotics anonomus twice a week. and have taken... Read more »

Roy Lee Warren
Roy Lee Warren answered on Mar 12, 2020

I am happy for you. Great job, however the answer depends on whether your parental rights were terminated. If not I'd say courts would rather keep children with family members when possible so you have a decent chance. Best of luck to you.

1 Answer | Asked in Criminal Law for Texas on
Q: Can they enhance my charge to a 3rd degree felony if they already are charging me with a SJ theft under 2500×2
Roy Lee Warren
Roy Lee Warren answered on Mar 12, 2020

You will need to discuss this with your lawyer. This is a complex area of the law on enhancements and one of the more reversed area after a trial. The answer depends on more than I could discuss in this forum but your lawyer should be able to give you a satisfactory answer, if not get a second... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Detectives came to my house while i wasnt home to ask me questions about a friend of mine who went missing about 2

She wasnt a close friend so i dont know much at all. Should i talk to them..i dont want to get wrapped up in ....wha

Roy Lee Warren
Roy Lee Warren answered on Feb 26, 2020

You choose to speak with them at your own peril. You should have a lawyer go with you if possible AND you do not have to speak with them. The reason it is advised not to speak with them is because nothing you say in your favor can be offered as evidence to prove innocence (it is hearsay) , however... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Can a Texas employer legally record audio without consent?

I was a Peace Officer working in a jail. Personnel of the jail placed an audio recorder in the guard station of the block. They then charged me with a felony, as well as tampering with evidence because they stated that the device did not have a SD Card. The charges are likely to be dropped, the... Read more »

Roy Lee Warren
Roy Lee Warren answered on Feb 25, 2020

I believe it may be illegal but I am sure the state will claim there was no expectation of privacy to try to circumvent the law. To legally record a conversation in Texas you must be a party to the conversation but because inmates are regularly recorded, and warned their calls are subject to... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: Should i go to the police

If you know a person may be reporting you for sexual assault which is 100% false. Is it best for me to go to the police on my own to make a statment and get ahead of this?

Roy Lee Warren
Roy Lee Warren answered on Feb 25, 2020

I'm not familiar with the particulars of the allegations against you but I want to warn you of scams being perpetrated on unsuspecting people. The person alleges some untoward conduct and try to blackmail people by having them send money. Just be aware of such situations.

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1 Answer | Asked in Criminal Law for Texas on
Q: Can texas or county courts enhance drug charges for controlled substance less one gram charges. Because of 2 charges in

On same county. Franklin co. He as

Roy Lee Warren
Roy Lee Warren answered on Feb 17, 2020

Unfortunately a current charge may be enhanced with previous convictions, not charges but final convictions. You will need a lawyer to review the charges to determine whether an enhancement is proper under the situation.

1 Answer | Asked in Civil Litigation and Criminal Law for Texas on
Q: if Public corruption is reported to a sheriff, is he obligated to open an investigation?

Prosecutor

Juvenile probation officer

Court administrator

Roy Lee Warren
Roy Lee Warren answered on Feb 10, 2020

The prosecutor has wide discretion in which cases to pursue, such as in the Ramsey case in Colorado.

2 Answers | Asked in Criminal Law for Texas on
Q: Will you get two for one sitting in county jail before you're sentenced for State Jail
Roy Lee Warren
Roy Lee Warren answered on Feb 10, 2020

You only get credit for 20% if the court determines you are "satisfactorily participating". I suggest working as a trustee, even if you get no credit you get certain perks. Good luck.

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2 Answers | Asked in Criminal Law, Civil Rights, Education Law and Juvenile Law for Texas on
Q: Is Texas a one party consent law for recorded phone conversations? Is this admissible in court?

I need a lawyer for juvenile son with disability. He has been the victim of malicious prosecution

No summons to appear

Detained 17 days proper protocol not followed for suicide watch

Denied medication

“Sentenced” without lawyer

Received “deferred... Read more »

Roy Lee Warren
Roy Lee Warren answered on Feb 10, 2020

Yes, it is a one party consent state as long as you are a party to the conversation you may record it.

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: What to do for bond reduction
Roy Lee Warren
Roy Lee Warren answered on Feb 4, 2020

Hopefully you have a lawyer to help, if not, you need to get a lawyer that practices defending the type of charges pending in the county where the charges are. Your attorney may be able to use the "attorney bond" to have the defendant released.

There has been a movement as of...
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1 Answer | Asked in Personal Injury, Workers' Compensation and Civil Litigation for Texas on
Q: Should I just move on from my Texas Worker's Compensation Case my Attorney just dropped me today 01/17/2020

The other side sent new evidence out to my Attorney about my Statement I made on my injury at work which I forgot about. I was working the night shift removing some bolts using wrenches wearing a slicker suit and full PPE with Neoprene Gloves taped around the cuffs of the rubber jacket and gloves... Read more »

Roy Lee Warren
Roy Lee Warren answered on Jan 30, 2020

I doubt any lawyer will advise that you "just move on", particularly if you feel you legitimately have a valid claim. You claim seems to be mor eof an occupational disease or repetitive injury than one caused by "pulling, pushing, twisting" so I would not worry about the... Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: So was injured back in 2011 did the whole workers comp thing. Come 2013 they drop me from workers comp and back was not

Healed properly. Long story short my back is acting up aging from the same injury and I’ve gotten and mri done and now I’m needing surgery from the same injury that occurred in 2011. Wanting to know if I can reopen the medical worker’s compensation

Roy Lee Warren
Roy Lee Warren answered on Jan 30, 2020

Yes you can apply to have the carrier pay continued medical benefits but since the Texas State Supreme Court (TSSC) has taken away the right of injured workers to sue carriers for bad faith most are lef with little to no remedy. The TSSC must believe the carriers will pay or reopen claims based on... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: My husband was arrested yesterday for sexual assault against a minor. What's our next step?

He is already on probation for a case that happened after this newest allegation so he hasn't reoffended. He has done everything that is required of him on the probation period he's currently on. What do we need to do to get him out of jail? Is there a lawyer that would maybe take his... Read more »

Roy Lee Warren
Roy Lee Warren answered on Jan 30, 2020

I would say the chances of finding a pro bono lawyer are slim but you may be able to obtain someone that will charge a reasonable rate and take payments. Many times the difference in the price between a good lawyer and a great lawyer is very similar, the key is to find a lawyer that your... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: How can I stop his appeal

I'm a sister of the victim and one as well

Roy Lee Warren
Roy Lee Warren answered on Jan 30, 2020

You may find some comfort in knowing that sometimes an appeal results in a more harsh punishment for the person appealing.

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2 Answers | Asked in Criminal Law for Texas on
Q: I asked if a so called 70' charge. I'm repeating what my court appt. Lawyer said. He also offered his services to take o

To take issue off my records for 1,100. Why would I do that they haven't found any charges

Roy Lee Warren
Roy Lee Warren answered on Jan 29, 2020

Well if you were convicted the convition cannot be removed, perhaps the conviction can sealed, but not removed or expunged. If you were never convicted then it can be removed/expunged.

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2 Answers | Asked in Workers' Compensation for Texas on
Q: Workers comp opted out of workers comp now they want to put my wife in a transition to work program?

Been receiving workers comp and now they opted out of workers comp? She was run over by a car at work and hasnt been cleared to return. She had an orthopedic appointment for a torn meniscus and they called and said they opted oit of workers comp? And now want her to sign something to do a... Read more »

Roy Lee Warren
Roy Lee Warren answered on Jan 30, 2020

Sounds as if she has been referred to a work hardening program? I agree with S. Michael, employers cannot "opt out" after a worker has been injured. They are either "all in" or "all out" at the time of the injury.

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