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Questions Answered by Roy Lee Warren
2 Answers | Asked in Traffic Tickets and Civil Rights for Texas on
Q: TX.. My husband was given a ticket for no divers license when he was walking out of his Uncle's house. Is this legal?

The Borger Police Department pulled up to my Husband as he was walking out of his Uncle's house. They gave him a ticket for no driver's license and searched the car with no probable cause. They then followed my son n law home when he went and got the car. This is ongoing harassment by... View More

Roy Lee Warren
Roy Lee Warren
answered on Oct 8, 2019

The Texas AG's office may be your best bet to stop harassment of this type. A legitimate police action is generally allowed but I see this type of behavior more and more and we, as citizens, need to stand up to it or we may lose more rights. You could also send a letter to the County Sheriff... View More

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2 Answers | Asked in Workers' Compensation for Texas on
Q: I was injured at my job but was still able to work. I changed jobs but my injury has gotten worse and need surgery.

I will not be able to work for 4-6 weeks. Workers comp has been paying for my medical expenses but now that I will be out of work, am I eligible to receive income from workers comp? I spoke to my adjuster and they said no because I no longer work for the same employer. My new job is in the same... View More

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

I am sorry to say but the adjuster gave you a load of crap! It does not matter if you changed jobs. The definition for disability, and therefore entitlement to TIBs, is not dependent on the injured worker being with the same employer. We can look to the DWC, which publishes the "Appeals... View More

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1 Answer | Asked in Workers' Compensation for Texas on
Q: Son Injured on job. Filed WC claim. Co making him use all his PTO with no mention of pay after that.

They have been covering all medical bills but shouldn't he be getting at least partial income?

Roy Lee Warren
Roy Lee Warren
answered on Sep 20, 2019

It depends on whether he "elected" to take PTO rather than receive income benefits. Regardless he should be entitled to receive impairment income benefits. PTO does not replace that because that is for injuries to his body. If his PTO has been exhausted.

2 Answers | Asked in Criminal Law for Texas on
Q: Texas misdemeanor class B charge theft With previouse convictions they up the level of that charge to a State j

Misdemeanor b. Now up to a State jail charge.

Also no they have enhanced x 2 times the state jail.

Start Ed. A Misdemeanor b

Can they do this

Roy Lee Warren
Roy Lee Warren
answered on Sep 19, 2019

Sorry, you will surely need a good lawyer to help you through the morass. For the misdemeanors the theft charge can be enhanced with a FINAL conviction of a previous theft. The key point is whether they attempt to enhance the SJFs to a 3rd or 2nd degree felony. With that in mind I will paste a... View More

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2 Answers | Asked in Workers' Compensation for Texas on
Q: Can I still get medical help for back pain related to a back injury that was cause by an at work slip n fall n '06
Roy Lee Warren
Roy Lee Warren
answered on Sep 19, 2019

Yes, you have "lifetime" medical as long as it is related to your compensable injury. If the carrier disputes that it is related you may have to ask for help from DWC or a lawyer to prove the cause.

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1 Answer | Asked in Criminal Law for Texas on
Q: I have a POC charge that is a Felony. I need a lawyer that I can make possible payments on. I am struggling financially.

The substance belongs to my grandmother and aunt and is not mine. I have the proof that the medication is not mine but theirs.

Roy Lee Warren
Roy Lee Warren
answered on Sep 19, 2019

You should look on this cite as well as AVVO to find a lawyer handling criminal defense cases in Travis County (and from Travis County) if that is where your case is pending.

Remember you have the right to not say anything (pleading the 5th) if you value your relationship with grandmother...
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3 Answers | Asked in Criminal Law for Texas on
Q: Can I prove my husband is disabled to get the charges dropped

He has 7 avaiding and 3 assaults

Roy Lee Warren
Roy Lee Warren
answered on Sep 15, 2019

I agree with Ms. Pace, the State will have a difficult time proving the case so I hope you can hire a lawyer to get the cases dismissed.

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1 Answer | Asked in Criminal Law for Texas on
Q: Will you go to prison on a second offence of family violence
Roy Lee Warren
Roy Lee Warren
answered on Sep 12, 2019

Not necessarily. Get a good lawyer to defend your rights and if all else fails to negotiate the best resolution to your case that can be made w/o jail time. Good luck to you.

1 Answer | Asked in Criminal Law for Texas on
Q: Who should I talk to if I know that someone lied on a police report and admitted it through text?

He was arrested and charged a misdemeanor class a, he's been going to court for it but every time he went they just asked for job verification, he missed court due to it being in another city with no transportation, his lawyer is court appointed and isn't really that much of a help. The... View More

Roy Lee Warren
Roy Lee Warren
answered on Sep 12, 2019

You can turn the information over to the DA's office in the County where the case is pending as well as provide it to his lawyer.

I would caution you about speaking with the state or police; be very brief and only give facts you are sure of. Whether the DA agrees to lifting the...
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2 Answers | Asked in Criminal Law for Texas on
Q: (Arkansas Statutes § 16-93-303 (2018).) It's been three years since I want to know what I have to do to enact this
Roy Lee Warren
Roy Lee Warren
answered on Sep 12, 2019

I am sorry but your question is confusing. It probably should be asked in Arkansas b/c it seems to be asking about its law.

Also are you saying it has been 3 years since you wanted to know how to enact the statute? Perhaps you meant to ask that since 3 years has passed, you would like to...
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2 Answers | Asked in Workers' Compensation for Texas on
Q: Can workers comp doctor's make one use their own private insurance?

I work for a veterinarian and I got bit at work by a dog. The WC doctor said my thumb is fractured so on my third visit he said I was able to use it. Now I have a lot of pain and a not where my thumb meets my hand he said its arthritis now. I didn't have this issue before its painful to turn... View More

Roy Lee Warren
Roy Lee Warren
answered on Sep 12, 2019

I thank you for your question. Mr. Graham, a well qualified wc lawyer has already answered but I would also like to add a bit more information for you.

As Mr. Graham noted most employers have switched over to "networks" which is incorrectly said to be a network of medical...
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1 Answer | Asked in Employment Law for Texas on
Q: Can my former employer refuse to pay me for PTO upon termination?

It was determined by the Texas Workforce Commission that I was terminated without cause and unemployment benefits are being paid. Can I now request and get paid the the 56 hour of PTO owed me since my termination was without cause? Their appeal deadline has passed and no appeal was made by my... View More

Roy Lee Warren
Roy Lee Warren
answered on Sep 11, 2019

Yes I believe you should get paid for that if the employer has it in writing you will accrue vacation time and your employer should be penalized for not already paying you for that because it must pay your final pay w/i 6 days. The Texas Employment Commission can also help you with that claim as... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: I have two jobs and I was hurt while at one. The dr took me off work. WIll having the second job affect my claim?

My first job is a school bus driving, the second job is a desk job. I tore my meniscus on my left leg.

Roy Lee Warren
Roy Lee Warren
answered on Sep 11, 2019

Of course, but perhaps not in the way you may believe. If you are taken off work from both jobs the carrier must base your income benefits on your total earnings from both jobs. [Total wages (and benefits if stopped while off work) for the past 13 weeks divided by 13 to arrive at your average... View More

3 Answers | Asked in Criminal Law for Texas on
Q: can a charge be dropped if coerced into a search when I said no more than once to enter my home?

Cops show up at my house on a tip there were drugs inside, without a warrant. They asked to come in, I said no. They said we’d be detained (there were 3 others there) until they got a warrant. I said no. Then they said we’d all be arrested if they couldn’t come in. So I reluctantly agreed.... View More

Roy Lee Warren
Roy Lee Warren
answered on Sep 11, 2019

I am sorry for the way you were treated. A couple of things you should be aware of. First police must have corroboration from another source. A neighbor (or ex...) c/n simply call police and then police w/o more accepts the statement and performs a search of your house. A home is supposed to be the... View More

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3 Answers | Asked in Criminal Law for Texas on
Q: Am I able to expunge my felony criminal mischief conviction from 2000 (when I was 17) ? That was my 1st and only arrest

I was arrested with 2 other friends from school after a dumb night of breaking windows. Multiple misdemeanor charges from one night were aggregated into a felony. I was originally given probation that I unfortunately was unable to complete after basically becoming homeless at 17 due to a very... View More

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

I am sorry but no, you c/n get a conviction expunged. However you may be able to get your record sealed, especially juvenile records. But even if it is not juvenile charges you may still get the record sealed, depending adequate time has passed and no further infractions. Find a lawyer in the... View More

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2 Answers | Asked in Criminal Law for Texas on
Q: Do paralegals have to be licensed in texas in order to investigate and interview clients while working for an attorney.
Roy Lee Warren
Roy Lee Warren
answered on Sep 4, 2019

Thank you for your question. The answer is: No, but they generally would get paid more with a license. They are allowed to work under the lawyer's license and therefore have privileges.

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2 Answers | Asked in Criminal Law for Texas on
Q: Is a person having a parole violation warrant probable cause?

They were driving someone else's vehicle. Who was present and never asked permission. When this was mentioned the officer told her his warrant was probable cause.

Roy Lee Warren
Roy Lee Warren
answered on Sep 3, 2019

I agree with Ms. Pace, if there is an active warrant on a person permission to search is not needed.

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1 Answer | Asked in Criminal Law for Texas on
Q: can the D.A. bring up a case the is over 20 years old and add it to a new case to make the crime habitual?
Roy Lee Warren
Roy Lee Warren
answered on Aug 22, 2019

Possibly, but it depends on the particular situation. The DA can make an enhancement allegations (from previous crimes) to increase the range of punishment, but you for sure will need the assistance of a lawyer. I do not believe it is fair to use previous criminal convictions to increase the level... View More

1 Answer | Asked in Workers' Compensation for Texas on
Q: Can an injured worker pay a consultant for review of his/her w/c file vs an attorney?
Roy Lee Warren
Roy Lee Warren
answered on Aug 22, 2019

Yes, I believe so. While a lawyer c/n be paid directly by an injured worker (IW), I do not recall any prohibition on what you ask. However a medical provider is forbidden from sending bills to IWs but you ask about a consulting expert type of person.

3 Answers | Asked in Criminal Law for Texas on
Q: I was arrested on bogus stalking charges 145 days ago, I have not heard anything from the courts what do I do?

I can’t have this hanging over my head, I don’t have money for a lawyer, what can I do to help myself?

Roy Lee Warren
Roy Lee Warren
answered on Aug 22, 2019

I understand and sorry for your situation.

I know you want action but sometimes the best action is no action. Over time witnesses disappear or change their statement. Many times cases are not pursued or if they are it can take at least 6 months. Statute of limitations (SOL) for a...
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