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Questions Answered by Roy Lee Warren
2 Answers | Asked in Criminal Law for Texas on
Q: What are the chances of someone getting convicted based on circumstantial evidence
Roy Lee Warren
Roy Lee Warren
answered on Dec 9, 2019

Thanks for your question. The answer depends on whether a good lawyer is hired to select a jury that will be favorable to the defense. Circumstantial evidence is not afford more or less weight unless the jury decides it is not credible.

The only time a defendant has his or her own fate in...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: Can you be charged with possession of a controlled substance in arkansas for having two joints?
Roy Lee Warren
Roy Lee Warren
answered on Nov 18, 2019

I would say only if the joints had a c/s within them, otherwise no.

1 Answer | Asked in Criminal Law for Arkansas on
Q: After pleading guilty to an offense and the judge accepts your plea and adjourns court, can you appeal?

The charges were resisting arrest, obstruction of government affairs, and hindering apprehension. Hindering is a felony charge. I thought I would have a public defender but I didn’t have one present on that day which was 11/13/2019.

Roy Lee Warren
Roy Lee Warren
answered on Nov 18, 2019

Yes, as long as you did not waive your right to appeal and you timely appeal.

2 Answers | Asked in Criminal Law and Land Use & Zoning for Texas on
Q: I was on a nature trail in texas and had my bow with me

because there are coyotes in the area game warden showed up and I went the other direction I they never saw me nor I see them.in the area game warden showed up and I went the other direction I they never saw me nor I see them.I left went to work once my significant other picked me up. there was... View More

Roy Lee Warren
Roy Lee Warren
answered on Nov 18, 2019

Thanks for your question. I will give you a site for a video you should watch. Do not speak with the authorities yourself, ever!

They must prove they saw you leaving in a vehicle or otherwise, prove they asked you to stop, prove you heard the request and refused; and you knew they were law...
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2 Answers | Asked in Criminal Law for Texas on
Q: Can a theft case be dismissed if the LPO doesn't submit the video he claims made him realize theft was committed.

After a Walmart employee noticed my reciept dated for the next day. I agreed to give them time to resolve this issue. After sometime the LPO came, ask questions, and I answered. He then told me his manager was reviewing the footage of our visit. Shortly after that I became alittle irritated with... View More

Roy Lee Warren
Roy Lee Warren
answered on Nov 18, 2019

CAN IT BE DISMISSED, yes, but...it may depend on other factors. I hate to worry you but you may consider hiring a lawyer. One that believes the best defense is a good offense. I would suggest a letter denying the accusation with threats of a civil action to recover damages should they pursue such... View More

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2 Answers | Asked in Criminal Law for Texas on
Q: Does the successful assertion of a defense to prosecution mean the actions do not constitute a crime?

Example: self-defense (TPC 9.31). If the trier of fact believes to the necessary standard that your actions were necessary to defend yourself from harm, are those actions no longer a criminal act, or is the action still a crime, for which the defense simply precludes prosecution?

The hair... View More

Roy Lee Warren
Roy Lee Warren
answered on Nov 14, 2019

If a person is acquitted of the crime for which they are charged with they will not have a criminal record because the defense, for whatever reason, was successful. I hope this answers your question.

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2 Answers | Asked in Workers' Compensation for Texas on
Q: What do I do when a MD turns in medical report of my Examination to TDI/WC but I was absent in this examination?

The DWC-73 document doesn't have my signature to it but it was turned in as if I was medically examined?

Roy Lee Warren
Roy Lee Warren
answered on Nov 14, 2019

If the examination was for determination of MMI/IR you MUST be examined or the report is inadequate. Even if you were examined on a previous occasion and determined to not be at MMI you must have another examination to certify you at MMI.

However if the medical provider was submitting a...
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1 Answer | Asked in Workers' Compensation for Texas on
Q: How long is the wait to receive my worker's compensation check

The injury happened at work and was being looked at by a Doctor through worker's comp and then he discharged me saying there was nothing else he can do for me so now I got a worker's comp lawyer and went to another Doctor only to be ridiculed by him saying that I was over weight and that... View More

Roy Lee Warren
Roy Lee Warren
answered on Nov 4, 2019

If your medical provider has you off work the insurance carrier has 7 days to pay or dispute. It has 15 days to investigate to determine if you have a compensable injury.

The law provides as follows: An IC is liable for accrued benefits if it fails to dispute compensability of the injury...
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1 Answer | Asked in Criminal Law for Texas on
Q: How long is the Statutes of limitations good for on this charge?

I was charged with it 2 1/2 years ago, since then I've been through 2 court appointed lawyers and continuous after continuous

Roy Lee Warren
Roy Lee Warren
answered on Nov 4, 2019

I am sorry to be the bearer of bad news but once the case has been filed the SOL is tolled (stopped). You may have other arguments though such as violation of right to speedy trial but if your not in jail that's a difficult argument.

1 Answer | Asked in DUI / DWI for Texas on
Q: I was arrested for dwi fail breath test ok my cdl was suspended for a year in December 2018 I haven't went to trial

If convicted or plea guilty does it mean my cdl will be suspended for another year start from the conviction date.

Roy Lee Warren
Roy Lee Warren
answered on Oct 21, 2019

Yes, it generally will, however your lawyer may be able to negotiate that point in a plea bargain. One method I have used in the past is to have my client plead to "obstruction of a highway" so their license is not suspended. But it depends on the strength of your defense and the... View More

2 Answers | Asked in DUI / DWI for Texas on
Q: I had a dismissed dwi in 2016 .that was my first time .no other tickets .can I become a citizen ? Thanks .Cem gungor

I complicated my 1 year probation with no violation .No any other tickets .I've been in the U.S for about 6 years . My chance and what do I need to do ? Thanks a lot .

Cem Gungor .

Roy Lee Warren
Roy Lee Warren
answered on Oct 21, 2019

It certainly becomes more difficult when you have a class A misdemeanor, (DWI 1) but I suggest you ask an immigration lawyer.

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2 Answers | Asked in Criminal Law for Texas on
Q: What can be done if a deputy tells an inmate he needs to take the charge or his whole family will go down
Roy Lee Warren
Roy Lee Warren
answered on Oct 21, 2019

In addition to the other answer I'd say or perhaps the AG's office. But in any event I'm sure you have heard police can and do lie.

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2 Answers | Asked in Criminal Law for Texas on
Q: I wrote an affidavit for a defendent and now the deputy sheriff approached me in a store about my affidavit

He said he was going to have to talk to me about it and I had it notarized. What do I need to do

Roy Lee Warren
Roy Lee Warren
answered on Oct 21, 2019

I would at least consult with a lawyer and show them your affidavit. You do nt want to be prosecuted for perjury.

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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: What is the purpose of disposition hearing
Roy Lee Warren
Roy Lee Warren
answered on Oct 17, 2019

Generally it is an opportunity for the state's lawyer and the defense lawyer to discuss resolving the case with a plea bargain agreement.

1 Answer | Asked in Criminal Law for Texas on
Q: Can a 15 year old girl be in a relationship, date a 21 year old with NO sexual interactions/ conduct in texas?
Roy Lee Warren
Roy Lee Warren
answered on Oct 17, 2019

Yes, provided there is no sexual relations. The age of consent for sexual activity is 18 in Texas. However the Romeo and Juliet law allows an affirmative defense if the couple is no more than 3 years apart in age. A rule of thumb for the appropriate age is to divide the older person's age by 2... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: Should i get a worker's comp lawyer and if so what do you recomend my pain is getting worse

I got dehydrated while working in a slicker suit and my back was cramping up and then my back started to hurt and then the workers comp doctor said i needed to work so i can work those muscles aand my back was hurting even more and then was discharged by the doctor and that same day was laid off

Roy Lee Warren
Roy Lee Warren
answered on Oct 10, 2019

First and foremost you must file a claim if you have not. An IE only has 30 days after the date of injury to report the injury to the employer. If you do not report w/i 30 days you must establish "good cause" for failure. Seeing the company doctor implies that you did report the injury.... View More

2 Answers | Asked in Criminal Law for Texas on
Q: My neigbor took my jerican without my consent. she didnt return. I entered, picked but charged me tresspass

My neighbor took my jerrican without my consent. she didn't return it. I entered, picked it from her residence, but she charged me for trespass. what should I do?

Roy Lee Warren
Roy Lee Warren
answered on Oct 10, 2019

You should hire a lawyer to defend your case. You were fortunate that you were not charged with a more serious crime. I hope you did not enter any residence or building bc the DA could modify your charges to burglary of a building. I am sorry to say people seldom have the right to self help, just... View More

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2 Answers | Asked in Criminal Law and Animal / Dog Law for Texas on
Q: Do I owe them?

I am a senior citizen. I have had a cat since she was a small kitten. She is about nine years old. she is an outside, only coming in to eat. Very friendly I had her spayed, and vaccinated and micro-chipped in 2012. For the past year and a half, a neighbor has held her captive and she returned home... View More

Roy Lee Warren
Roy Lee Warren
answered on Oct 10, 2019

I am sorry you were deprived of your pet for that period of time. This is just my opinion, but I agree with you. The law generally makes sense. I would not pay them a penny for essentially cat-napping my cat! The neighbor should count themselves lucky if you do not sue for the loss of enjoyment... View More

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3 Answers | Asked in Civil Litigation, Criminal Law, Domestic Violence and Mergers & Acquisitions for Texas on
Q: Court ordered drug test at probation office

What are they for ....

How can results be shared

Roy Lee Warren
Roy Lee Warren
answered on Oct 10, 2019

Sometimes a court will require an U.A. as a condition of bail. A problem with some U.A.s can arise when the test is disposed of immediately and there is no quantitative analysis to prove the level of a positive test. Oh and yes, the probation officer (PO) has almost complete discretion over... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: My exHusband is being accused of sexual battery by his current wife & has been arrested, I have no idea how 2help
Roy Lee Warren
Roy Lee Warren
answered on Oct 8, 2019

Thanks for your question and I am sorry for the situation. IF YOU HAVE THE RESOURCES TO ASSIST HIM WITH BAIL, that would be the most immediate help. Hiring a lawyer would also be in his best interest. If you speak with him from the jail remind him telephone calls are subject to being recorded and... View More

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