Lucio Antonio Montes’s Answers

Lucio Antonio Montes

Houston Criminal Defense Attorney.

Contributor Level 13
  1. My son is currently charged with sexual assault of a minor under 17 in Texas. The prosecuter has offered 8 years.

    Answered over 1 year ago.

    1. Maverick Ray
    2. Lucio Antonio Montes
    3. Gary Churak
    4. Anthony Michael Solis
    4 lawyer answers

    As Mr. Solis stated, you should not expect an attorney to ethically give you an opinion on whether he is getting a good deal. An attorney that regularly practices in the court can give you a better idea after reviewing your son's case. If he pleads to the judge he is opening himself up to possibly do way more time than what the DA has offered. It is a calculated risk based on the Judge's past decisions, reputation for harshness or leniency, your son's record, the facts of the case, the...

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  2. What are the steps I have to take to get a first offense theft misdemeanor expunged? It's been 3 years since it happen.

    Answered over 1 year ago.

    1. Lucio Antonio Montes
    2. Maverick Ray
    3. James D. Roark
    3 lawyer answers

    The first step should be to contact a criminal defense attorney that handles expunctions. Make an appointment, most offer a free consultation. The Second step is to determine whether you are even eligible. It will depend on the disposition of the case. Was it dismissed? Was it dismissed because of a pre-trial diversion? If it was dismissed without going through a pre-trial diversion, then you should be eligible now. If you went through a pre-trial diversion, the State’s contract that you...

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  3. What are the steps to petitioning for an expungement of a drug paraphernalia charge by myself (without legal representation)?

    Answered almost 2 years ago.

    1. Lucio Antonio Montes
    2. Stephen Andrew Hamer
    3. William Emil Cassara
    3 lawyer answers

    Mr. Hamer is correct in advising you to read TX Penal Code Art. 55.01 and Art. 55.02. You must first draft a petition for an expunction / expungement in accordance with Art. 55.02, include all the proper agencies to inform, file the petition in the district court where the incident occurred, pay the required fee, (Harris County charges around $300.00), obtain a court date, wait for all appropriate state agencies to file answers, and then possibly attend a court hearing in the district court...

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

    Answered over 1 year ago.

    1. Lucio Antonio Montes
    2. Erin Marie Lands
    3. Harry Edward Hudson Jr
    3 lawyer answers

    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...

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  5. What will i face for being convicted of a Class B misdemeanor in Texas, for False Identification?

    Answered over 1 year ago.

    1. Lucio Antonio Montes
    2. Evan Edward Pierce-Jones
    3. Christopher Anthony Delisio
    4. Samuel Maxwell Gardner
    4 lawyer answers

    You are facing up to 6 months in jail and or a $2000 fine. You will face the same whether you plead no contest or guilty. If you are having to ask this question you should think twice about representing yourself. Have you spoken to your recruiter about a conviction on your record? You should consult with another criminal defense attorney. If you can not afford the services of another attorney you should consider asking the court to appoint you one. Good luck.

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  6. Do I need a criminal attorney?

    Answered over 1 year ago.

    1. Macy Michelle Jaggers
    2. John Joseph Eastland
    3. Lucio Antonio Montes
    4. Gene Raymond Beaty
    5. Jacob Robert Jenkins
    6. ···
    6 lawyer answers

    Yes. DWI defense is a complicated area of law. If you can not afford an attorney you can apply to have the court appoint you an attorney. Good luck.

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  7. Charged with 2nd DWI w/o taking breathalyzer nor blood test

    Answered over 1 year ago.

    1. Jacob Robert Jenkins
    2. Lucio Antonio Montes
    3. Gene Raymond Beaty
    4. Rogelio Garcia
    5. Jasen Bodie Nielsen
    6. ···
    6 lawyer answers

    The attorney cannot control when the video is available. There is likely a video and it will be available for the defense attorney to view, it just takes time. If your husband does not want to take the State's offer, then he always has the right to ask for a jury trial. The fact that he has been to court 2x and again returning for a third time in the same month indicates that he must be incarcerated. If he waits in jail for a trial he will be in there quite a while. If you are unhappy with you...

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  8. Can I get a felony DWI reduced to a misdemeanor? It was for having two 13 year olds in the truck at the time of the arrest.

    Answered over 1 year ago.

    1. Gene Raymond Beaty
    2. Lucio Antonio Montes
    3. Daniel Eugene Lazarine
    4. Theodor Kaplun
    4 lawyer answers

    Anything is possible. The likelihood that the State drops it to a misdemeanor will depend on whether they have a strong DWI case against you or a weak one. There is no way that anyone on this forum can give you an educated guess without reviewing all the evidence against you. You should make an appointment with a criminal defense attorney in you area that can give you a better idea. Good luck to you.

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  9. Can state still build a case???

    Answered over 1 year ago.

    1. Lucio Antonio Montes
    2. Macy Michelle Jaggers
    3. William Gaston McLean III
    3 lawyer answers

    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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  10. Wondering about days in jail

    Answered over 1 year ago.

    1. Lucio Antonio Montes
    2. JaPaula C Kemp
    3. Jared Seth Robinson
    3 lawyer answers

    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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