Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Roy Lee Warren
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.

View More Answers

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.

View More Answers

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.

View More Answers

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...
Read more »

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.

View More Answers

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.

View More Answers

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.

View More Answers

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 »

View More Answers

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.

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.