Lucio Antonio Montes’s Answers

Lucio Antonio Montes

Houston Criminal Defense Attorney.

Contributor Level 13
  1. What is the penalty for carrying a loaded firearm in the street without a concealed carry permit?

    Answered about 1 year ago.

    1. Lucio Antonio Montes
    2. Thomas "Tom" Caldwell
    3. Samuel Maxwell Gardner
    4. Rixon Charles Rafter III
    4 lawyer answers

    As long as the person is charged with only unlawful carrying of a firearm, it is a class A misdemeanor. He is facing a max of 1 year in jail and or a 4000 dollar fine.

    7 lawyers agreed with this answer

  2. Is it possible for my husband to get probation with dwi with a child under 15

    Answered over 1 year ago.

    1. Lucio Antonio Montes
    2. Jasen Bodie Nielsen
    3. Gene Raymond Beaty
    4. Ethan Patrick Meaney
    4 lawyer answers

    There are too many factors to consider in order to give you a half decent answer. Your best bet is to contact a criminal defense attorney that can ask the right questions and give you a better guess. It will only be a guess because there is no way to know until the attorney fully reviews the current case. Take advantage of the fact that many criminal defense attorneys offer free consultations. As my colleague suggested, look for an attorney that specializes in DWI defense. Good luck.

    7 lawyers agreed with this answer

  3. I got a DWI i was charged as DWI 3 or more, but my last 1 was 5 years ago and i was charged with DWI 2 can i get a similar deal

    Answered over 1 year ago.

    1. Lucio Antonio Montes
    2. Derek Anthony Patrin
    3. Gene Raymond Beaty
    4. Maverick Ray
    5. Ethan Patrick Meaney
    5 lawyer answers

    The State of Texas continues to get tougher on DWI. Whether you can get a similar deal depends on the facts of your case. You should consult with an experienced criminal defense attorney that specializes in DWI defense in the county that you were charged. You have excellent attorneys around in and around Montgomery and Harris County. The attorney you hire might be able to poke holes in the States case and therefore make it more likely that the State will offer you what you want. There is no way...

    7 lawyers agreed with this answer

  4. If you get DUI dismissed through a pre-trial diversion program, Will it still show as charge/arrest criminal record?

    Answered over 1 year ago.

    1. Macy Michelle Jaggers
    2. Carmen Mae Roe
    3. Richard Timothy Jones
    4. Lucio Antonio Montes
    5. Charles K. Kenyon Jr.
    5 lawyer answers

    Yes, the charge and the arrest will still show up. It will show up as a case that was dismissed. Some of the contracts that people sign to receive the pre-trial diversion contain a condition that a person will not ask for an expunction sooner than a year or two after successfully completing the pre-trial diversion. Make sure that you review the contract that you signed and take it to your meeting with any defense attorney you wish to hire.

    7 lawyers agreed with this answer

  5. Do I need a criminal attorney ?

    Answered about 1 year ago.

    1. Lucio Antonio Montes
    2. Raymond Ellis Daniel
    3. Leslie Starr Barrows
    4. Aaron Christopher Harper
    4 lawyer answers

    It is only a class C misdemeanor and you do not necessarily need an attorney. You can represent yourself. Many of the attorneys that dedicate themselves to defending class C misdemeanors charge very reasonable fees. It might be well worth taking an attorney to handle this case especially if the fees are inexpensive. Good luck.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Is $30000 excessive bail for a person who has an AGG ASSAULT W/DEADLY WEAPON charge? can the case be dropped because of it.?

    Answered over 1 year ago.

    1. Lucio Antonio Montes
    2. Stephen Andrew Hamer
    3. Kevin Rindler Madison
    4. Anthony Michael Solis
    4 lawyer answers

    No the case can not simply be dropped because of the bond amount. Many times the police conduct an investigation before they decide to ask the District Attorney's Office to take the charges. Harris County has a bond schedule. An attorney can ask for the bond to be lowered especially if it is above the bond schedule. http://www.justex.net/BailBondSchedule.aspx It does not seem excessive for the charge.

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  7. Any deferred action granted with a dwi on their record?

    Answered about 1 year ago.

    1. Kathryn Mary Holton
    2. Lucio Antonio Montes
    3. JaPaula C Kemp
    3 lawyer answers

    You should post this in the immigration practice area. You will receive a much better response. Good luck.

    6 lawyers agreed with this answer

  8. Is deferred adjudication offered only for first time offenders in Texas?

    Answered about 1 year ago.

    1. Stephen Andrew Hamer
    2. Lucio Antonio Montes
    3. Kathryn Mary Holton
    4. Gene Tsukasa Sera
    5. Michael J. Crawford
    5 lawyer answers

    The judge has the discretion to grant a deferred adjudication for most crimes. It would be best to consult an attorney to determine the probability for the specific crime. Chapter 42.12 section 5 of the code of criminal procedure deals with deferred adjudication. As Mr. Hamer already stated, it will depend on the DA, the judge, the county and also the type of crime. Take advantage of the fact that most criminal defense attorneys offer a free consultation. Good luck.

    6 lawyers agreed with this answer

  9. Is there a stat rape case? What's the stat of limits if so.

    Answered over 1 year ago.

    1. Stephen Andrew Hamer
    2. Lucio Antonio Montes
    3. James Donald Garrett
    3 lawyer answers

    No. The youngest person would have to be less than 17 years of age when the sexual contact occurred for a statutory rape case to even apply.

    6 lawyers agreed with this answer

  10. AN Assault happened in high school while my boyfriend was still 17, they didn't processed till after he turned 18.

    Answered over 1 year ago.

    1. Lucio Antonio Montes
    1 lawyer answer

    It would not have made a difference if he was charged when he was 17 or 18. In Texas for criminal purposes, a person is treated as an adult at the age of 17. Whether he can clear his record depends on the disposition of the case. Did he take time, or a deferred adjudication, pre-trial diversion, a probation, or was the case ultimately dismissed? Call and make an appointment with a criminal defense attorney so that they can evaluate his particular situation. Most criminal defense attorneys offer...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful