Lucio Antonio Montes’s Answers

Lucio Antonio Montes

Houston Criminal Defense Attorney.

Contributor Level 13
  1. Hi, my husband has 3 dwi's and he is on probation how many years will he get.

    Answered 10 months ago.

    1. Lucio Antonio Montes
    2. Robert Sterling Guest
    3. Christopher Irvin Simser
    4. Billy Jack Stovall II
    4 lawyer answers

    Assuming that he is only charged with a DWI 3rd he is facing anywhere from 2-10 years. No one here can tell you how much time he will serve. You should consult with a local criminal defense attorney that can give you a better guess. Good luck.

    11 lawyers agreed with this answer

  2. Can you file to have a case expunged yourself if the case was dismissed? I want it off my record.

    Answered about 1 year ago.

    1. Lucio Antonio Montes
    2. Rogelio Garcia
    3. Stephen A. Gustitis
    4. Larry P. Mcdougal
    5. Bradford Ryan Kvinta
    6. ···
    6 lawyer answers

    In Harris County it will more than likely require you to hire a criminal defense attorney to expunge your record. Call around, some charge as low as $500.00 plus court cost. Court cost in Harris County is approximately $300.00. You would have to draft a petition in accordance with chapter 55 of the Texas Code of Criminal Procedure, include all the relevant agencies, file the petition with the Harris County District Clerk, obtain a hearing date, wait for responses from all of the agencies, and...

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  3. I got denied my law licensed for a criminal conviction that got dismissed. I don't get it. Please help.

    Answered 10 months ago.

    1. Jason Blair Toon
    2. Erin Marie Lands
    3. Christopher M. Lankford
    4. Spencer James Cahoon
    5. Robert M Speeter
    6. ···
    10 lawyer answers

    Did your conviction get overturned on appeal? Did it get dismissed because you completed a deferred adjudication? There is just no way that someone here can give you sound advice. You should follow Mr. Toons advice and start with the link he provided. If you graduated from law school and passed the bar exam then it seems as though you have the requisite skills to research this issue and find a solution. Good luck.

    10 lawyers agreed with this answer

  4. My case is being dismissed but the charge will remain on my record, showing dismissed? Doesn't seem fair and need clarification.

    Answered 11 months ago.

    1. Lucio Antonio Montes
    2. Kristin Renea Brown
    3. Stephen Andrew Hamer
    4. Michael J. Crawford
    5. Doyle Wayne Neighbours
    5 lawyer answers

    You should consult with a criminal defense attorney about your specific case. You might be immediately eligible if you meet the requirements under 55.01(a)(2)(ii). You should seek a criminal defense attorney that regularly practices in the county where you were charged for advice. Most offer free consultations. Good luck.

    9 lawyers agreed with this answer

    2 people marked this answer as helpful

  5. What if I refused a breathalyzer, and was not read any rights before being asked, regarding a witness... as below?

    Answered 11 months ago.

    1. Lucio Antonio Montes
    2. Gene Raymond Beaty
    3. Derek Anthony Patrin
    4. Christopher Irvin Simser
    4 lawyer answers

    That right to have a witness view the breath testing procedure is not a right that you have in Texas. You probably did a search for your rights and did not pay attention to whether it was a Texas law or another State's. The officer usually reads the DIC 24 to you before you blow. It is usually also caught on video. The DIC 24 contains the statutory warnings. You should contact a criminal defense attorney that specializes in DWI. Call around, most offer free consultations. Good luck.

    10 lawyers agreed with this answer

  6. Arrest record shows up after expungement?

    Answered about 1 year ago.

    1. Mekisha Jane Walker
    2. Lucio Antonio Montes
    3. Todd F. La Neve
    4. Jack Carroll
    5. Stephen A. Gustitis
    5 lawyer answers

    He should consult his attorney again. I am sure that he can clear it up with the private company by sending a friendly letter outlining the penalties for not complying and a copy of the expungement order. (see Texas Government Code Sec. 411.085 and 411.0851). Good luck.

    9 lawyers agreed with this answer

    2 people marked this answer as helpful

  7. My dad is arrested in jail for dwi and has immigration hold. Can I bail him out or wait till his court date? Please help!

    Answered about 1 year ago.

    1. Lucio Antonio Montes
    2. Daniel Patrick Hanlon
    3. Michael Hugh Carlin
    4. Natalie Lynn Durflinger
    5. Alexus Paul Sham
    6. ···
    6 lawyer answers

    If he is in the Harris County jail, you need to contact a criminal defense attorney. If you try to bond him out from the county, it will trigger ICE to pick him up and send him to an immigration detention center. You should contact an immigration attorney to help you out if you decide to take that route. The immigration judge will set the bond amount once he is in ICE custody. Then you will have to post the immigration bond. If he is found guilty or pleads guilty, then he will need an...

    9 lawyers agreed with this answer

  8. Is it rape if one person was intoxicated?

    Answered about 1 year ago.

    1. Lucio Antonio Montes
    2. John M. Gioffredi
    3. Ethan Patrick Meaney
    4. Derek Anthony Patrin
    4 lawyer answers

    You should file a police report. The investigator and the District Attorney's Office will decide if they have enough to bring charges against the person. The fact that you were drunk will play a role but the fact that you told him no will play an even bigger one. It seems that you were lucid enough to say no. You should consult with a family law attorney in your area to handle your custody battle. There are some family law attorneys that offer a free consultation, but many charge a nominal fee...

    9 lawyers agreed with this answer

  9. How do I CHANGE court appointed lawyers for someone?

    Answered 11 months ago.

    1. Lucio Antonio Montes
    2. Katrina Louise Smith
    3. Christopher Irvin Simser
    4. Alan James Brinkmeier
    5. Doyle Wayne Neighbours
    5 lawyer answers

    You have a right to counsel of your choice, if you are paying. The court does not generally entertain request for a change of counsel. The attorney that is appointed to your fiance does not have to communicate with you, he owes zero duty to you. If your fiance does not like his court appointed attorney and you want to help him, then scrape up some money and hire an attorney for him. Call local criminal defense attorney and check out their prices. Good luck.

    8 lawyers agreed with this answer

  10. Can a wreckless driving charge where I was given deferred for be expunged? And can a DWI be expunged if it happened before 1990?

    Answered 12 months ago.

    1. Lucio Antonio Montes
    2. Gene Raymond Beaty
    3. Michael J. Crawford
    4. Ethan Patrick Meaney
    4 lawyer answers

    Reckless driving is not a class C misdemeanor, which is the only level of offense for which you can take a deferred and ask for an expungement. It is hybrid misdemeanor that is punishable by up to 30 days in jail and a 200 dollar fine. You can ask for a non-disclosure. As far the DWI goes, if you plead guilty and received a deferred or a straight probation, you can not expunge. Expungement is only available for cases that were dismissed, you were acquitted, overturned on appeal and ultimately...

    7 lawyers agreed with this answer