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Lucio Antonio Montes

Lucio Montes’s Answers

251 total


  • What does deffered ajudification mean? And does it ever come off my record?

    Marijuana pos >2oz

    Lucio’s Answer

    The court defers a finding of guilt while you are on community supervision. If you comply with the terms and conditions of the community supervision, your case will be dismissed. It will not come off your record. You can petition the court for a non-disclosure 2 years after completing the deferred adjudication. The non-disclosure does not erase the arrest and prosecution, but it does prevent most private entities seeing that you were charged. All State licensing agencies, police department, DA's office etc ... will still have access to your record. Good luck.

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

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

    Lucio’s Answer

    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.

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  • My husband broke probation.how much time is he facing if it was an aggravated assault with a deadly weapon.

    Would he get deported.

    Lucio’s Answer

    If he was charged with a 2nd degree felony, then he is facing 2-20 years. How much time he will actually do is a question that should be directed to his attorney. He is in a better position to guess his punishment. If he is not a citizen he always faces deportation. Although I do not specialize in immigration law, I am certain that he will likely be deported. You should speak to an attorney that specializes in immigration law. When he plead guilty and received a deferred adjudication, he was already deportable. All this does is put a spot light for immigration to notice him and speed up the process for removal. Good luck.

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  • On a class A assault with serious bodily injury domestic violence, can i get time served with 30 days for that charge?

    I did 30 days in county, bonded out, waiting for attorney to call with court date

    Lucio’s Answer

    You can, assuming that you are not enhanced with any prior crimes and your defense attorney is able to negotiates the deal with the DA's office. You should discuss this with your defense attorney, he or she is in a better position to advice you on the probability of a time served offer. Good luck.

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  • Wondering about days in jail

    I was given a yital ok f 12 days in jail as my sentence the state ageeed to give me 4 days credit for each day I was in custody which was 2 days my lawyer said that gives me 8 days credit the lawyer said I will only have to do 2 more days in ja...

    Lucio’s Answer

    • Selected as best answer

    It is likely that your attorney told you that because Harris County is currently giving 3 days credit for every 1 day served for most crimes. That is why you would serve a total of 4 days. It was just a simple misunderstanding. The State does not decide how much credit you are given for each day served, it is the Sheriff's Department that sets that policy. Good luck.

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  • Will a court appointted lawyer work

    can the d.a drop a charge from aggravated robbery with a deadly weapon to regular robbery if they didnt find a weapon and with 2 priors a couple of years ago will that count against me or will they drop the charge if the store clerk say I didnt do...

    Lucio’s Answer

    If you can hire private counsel, you should. Services of Court Appointed and the Public Defenders office should be left for those that can truly not afford to hire private counsel. Find an attorney that you can afford and that you feel is a good fit for you. Whether a DA will drop charges depends on too many factors. It is impossible for anyone here to give you an appropriate answer. The DA's office will drop charges if they believe that they can not make a case against you. Yes the DA's office will use your priors against you when deciding the offer they will make to you. However, if you claim that you are not guilty of this crime, well then any offer that requires you to plead guilty is not a good one. If you and your attorney after thoroughly reviewing your case and speaking with the witnesses decide that a jury trial is your best option then the store clerk would be subpoened by the State to go and testify. Good luck.

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  • WHATS THE MAXIMUM DAYS OF CONFINEMENT UNDER ART42.12 IN A FELONY CASE

    I WAS PLACED ON PROBATION AND SERVED 120 DAYS IN THE COUNTY JAIL AS A CONDITION OF PROBATION. WHEN I GOT OUT I VIOLATED AND WAS SENT BACK TO THE COUNTY JAIL FOR ANOTHER 120 DAYS. WHILE MY PROBATION CONTINUED. THEN I VIOLATED AGAIN AND SERVED 30 D...

    Lucio’s Answer

    When the court put you on probation, you put your life solely in the hands of the judge. Your due process is only a hearing to determine whether you violated the terms of probation. You voluntarily gave up many of your rights when you plead guilty and asked the court for community supervision. You can not assume that the judge would give you the 2 years initially offered by the State. You should speak to your defense attorney and let him know that you do not want to continue probation the next time that you violate, but be careful what you ask for because it could turn out that the judge sentences you to much more than you expected. You face the max time for the crime that you plead too. Good luck.

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  • Is it possible to get my felony conviction expunged from my record?

    convicted dec 1999 Possesion of a controlled substance less than one gram.. Johnson Co. Texas sentenced 120-180days State Jail Therapeutic Community..did my time n I haven't had any charges of any kind since ...

    Lucio’s Answer

    Once a person is convicted of a crime, the only way to expunge a record is if the governor pardons the person. Your chances of getting a pardon are slim to none. Some years pardons number in the single digits. You should consult with a criminal defense attorney that also does post conviction work so that he or she can better evaluate your chances of a pardon. Good luck.

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

    He has his 3rd dwi and is on probation

    Lucio’s Answer

    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.

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  • What are his options to avoid deportation?

    My fiancé was charged with possession of controlled substance(felony). He is illegal he had not been found guilt, he hasn't had a court date yet. He was told if he was found guilty he would serve 180 days in Prison and then would be deported. He i...

    Lucio’s Answer

    The only way that he avoids deportation is if he is found not guilty or the case is dismissed. He is likely facing a state jail felony. He is facing 180 days to 2 years in jail.

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