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Lucio Antonio Montes

Lucio Montes’s Answers

251 total


  • Can a misdeanor b enhanced if I got a prior record for drug cases .but I been charged with theft over 500 under 1500.

    Bonded out but haven't been charged

    Lucio’s Answer

    Yes, it can be enhanced with prior drug convictions. The prosecutor will include what is called an enhancement paragraph. You are charged with a class A misdemeanor which is usually punishable by up to a year in county jail and a $4000 fine. An enhancement of this sort increases the minimum sentence to 90 days instead of 1, if you are convicted and sentenced to time. It does not mean it is enhanced to a felony. That would only apply if you had at least 2 prior theft convictions. The State can abandon the enhancement. Good luck.

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  • How long does it usually take for tdcj to pick up an inmate from Brazoria county jail and how does the parole process work

    My husband has been at the county jail 34 days since he signed for tdcj how long does it usually take for them to get transfered

    Lucio’s Answer

    TCCJ pick up times vary greatly. You can download an inmate handbook that explains parole and the parole process. at http://www.tdcj.state.tx.us/documents/Offender_Orientation_Handbook_English.pdf.

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  • Pretrial Diversion Court Date

    A year ago I was put on pretrial diversion. I successfully finished the program and now I have the court date coming up in a couple of days that was set at my last court date. I have no idea what goes on it this court date and would like to prepar...

    Lucio’s Answer

    If you have complied with all of the terms and conditions, then you will simply be waiting for a dismissal. You should take everything that the officer asked you to take, although you will not likely need them. It is better to have and not need than to need and not have. The DA's office will make sure that you complied and then if so recommend a dismissal of your case. Some courts will waive the attorney's presence. When you call, leave a message and let him or her know that you have a court appearance. You could also call the court and ask if your attorney's presence will be needed. Good luck.

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  • What is the difference between ag/with deadly weapon and code 22.07 terroristic threat?

    My brother was charged with ag/with deadly weapon now it was changed to terroristic threat. And how much time is he facing?

    Lucio’s Answer

    The biggest difference is the range of punishment. An aggravated assault with deadly weapon is a felony, a terroristic threat charge is only a misdemeanor. Your brother is facing either a class B or A misdemeanor. The max he is a facing is a year in the county jail and or a 4k fine for a class A misdemeanor. As long as it was not against a family member or a public servant, it is a class B misdemeanor (up to 180 days in jail and 2k fine). It is a good change for your brother, it is much easier to deal with a misdemeanor. Under the right circumstances he could face a state jail felony (180 days to 2 years in state jail) for a terroristic threat, but you do not see those very often. You should consult with a criminal defense attorney or his criminal defense attorney to give you specifics. Good luck.

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  • Completed deferred probation for pcs one year ago. Now being charged with evading with detention

    Cops report says i fled for 5 blocks jumped a curb and went thru the grass in my car. When really i went 8 houses down my street pulled in my driveway and was only going 30 mph found small bag of marihuana in glove box, saw my prior offense and ga...

    Lucio’s Answer

    The misdemeanor is the least of your worries. The evading in a motor vehicle will be your biggest obstacle. They gave you another felony because they believed that you were attempting to evade them. No one here can tell you what is going to happen. An attorney will have to review your case in order to determine what the likely outcome will be. There are way to many factors to consider in order to give an educated guess. Do not post more facts about your case. Take advantage of the fact that most criminal defense attorneys offer a free consultation. Good luck.

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  • Can state still build a case???

    My child's father and my cousin are both in jail for aggravated assault on me. The police have pictures of the injuries but they don't have the weapons, the father of my child confession, or my statement but they do have a confession from the cou...

    Lucio’s Answer

    • Selected as best answer

    Yes the State can still continue with the prosecution. You should speak with the District Attorney's Office handling the case if you have any doubts. There are plenty of people that are convicted based solely on the victim's testimony. Good luck.

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  • Being charged with THEFT PROP(SJF) with no criminal history what am I looking at

    No criminal background or history

    Lucio’s Answer

    If it is your first time, the prosecutor will usually make you a decent offer. It will likely require that you pay restitution. You are facing 180 days to 2 years in state jail. You should speak to a local criminal defense attorney that can give you a better idea of what to expect from that particular court. Good luck.

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  • I was arrested w $446 dollars in my possession.they let me keep my money taking me to jail with 20 missing. can I beat my case?

    I was arrested for possession of Marijuana in a drug free zone. I was taken back to my high school and they told me I would have to attend the alternative school for my district. they took me to central booking since I am 17, and when they put the...

    Lucio’s Answer

    You are charged with possession of marijuana, what does the amount of money they reported matter? It could easily be chalked up to a mistake. You may be able to "beat" the case in other ways, but not based solely on the facts that you have provided. You should speak to a local criminal defense attorney. The best advice will come from an attorney that knows all the facts, not just the ones that you believe are important. Good luck.

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  • Should i consult pro bono assistance for my brothers murder case?

    my brother was charged with negligence of a child which later after examination of autopsy and the unfortunate death of the child was increased to murder! Now we all believe what happened was an accident, yet from a legal standing i some what unde...

    Lucio’s Answer

    Good luck in getting pro bono assistance for a murder case. The duty to keep informed is only owed to your brother, even if you are paying him. The only real action you can take is to hire a new attorney. If he has a court appointed attorney or a public defender, there is not much you can do. It is your brother's only case, it is not the attorneys only case. Scheduling conflicts and life happens. Good luck.

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  • We have a new lawyer for my friend instead of the court appointed. Will this help my friend?

    Hi my friend has court next week, we recently got him an actual attorney rather than the court appointed. At his previous court date the appointed lawyer wanted him to sign for a ridiculous amount of time. The court appointed has none of my friend...

    Lucio’s Answer

    You should expect his attorney to go and review the file, review the states allegations for the revocation, review any evidence against your friend, and to speak with the DA handling the case. No one here can give you the likelihood of a reinstatement or a revocation without knowing the court, reviewing the file, discussing the allegations with your friend, etc etc.... There are too many factors to consider. As the other attorneys have hinted, no one is in a better position than his attorney. Good luck.

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