Skip to main content
Lucio Antonio Montes

Lucio Montes’s Answers

251 total


  • My daughter is been charged with criminal mis chief 1500=20.00 felony

    My daughter has acriminal mis chief,but now she get this paper Motion to reduce state jail felony to misdemeanor punishment, but her lawyer does not want to sign. So my daughter told him that he is not helping her , that she want 's another ...

    Lucio’s Answer

    If she was appointed an attorney by the court she can not choose another court appointed attorney. She has the absolute right to counsel of her choice as long as she is paying for the service.
    You daughter got angry because the attorney would not do what she wanted? It is likely because your daughter does not understand what she was asking of the attorney. She does not get to decide which motions are appropriate nor does she get to demand that a defense attorney sign a motion that she brought him to sign. If she is representing herself, she can file whatever motion she so desires. Good luck.

    See question 
  • My friend got charged with a deadly weapon and got the defferd probation for 3 years but he skipped out on it for 4 months ,

    he is from out of state and he just got overwhelmed with all the fines and penalties and classes he had to take he didn't have a job to pay thoseat the time and his family moved back out of state and he had no one here to live with so he left with...

    Lucio’s Answer

    If he was able to get a 3 year deferred adjudication, I am guessing that he was charged with a second degree felony. A second degree felony is punishable by 2 to 20 years. He will have to hire local counsel to represent him so that they can try to get him the least possible time. No one here can tell you how much time he will likely face. He should speak to the attorney that represented him on the original charge to get a better idea. Good luck.

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

    The right to have a witness view the breathalyzer testing procedure "Before being asked to blow into the breathalyzer machine downtown, you will be given a series of rights. One of these is the right to have a witness view the breath testing p...

    Lucio’s Answer

    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.

    See question 
  • I was arrested for family violence 2 years ago & got deferred prosecution. Will it show up in an apartment background check?

    I was arrested for family violence in Austin TX in June 2012, it was dismissed under deferred prosecution in June 2013. I was told it would not show up during background checks but the arrest record would still be there. I am in the process of loo...

    Lucio’s Answer

    You were misinformed or you misunderstood. It will show up as a case that was dismissed, but it will still show up that you were charged with a crime. A non-disclosure would be the only way that a case dismissed by a deferred prosecution could be sealed. Unfortunately, the Texas Government Code specifically list Assault of a Family Member as one of the crimes that is ineligible for a non-disclosure. Good luck.

    See question 
  • What is the range of punishment for a motion to revoke probation with a new charge of theft over 1500. under 2000.

    my brother has been on probation for five months and has a court date for a revocation hearing. the original charge that got him on probation was possession of controlled sub. in a state jail facility he also picked up a new charge of theft ove...

    Lucio’s Answer

    The theft, not taking into account enhancements, is a State Jail Felony and carries 180 days to a max of 2 years in state jail. If he is adjudicated for his drug case, he is facing the same. If he is sentenced to time the judge would more than likely run the time concurrently, meaning that the time he is in jail would count for both of the crimes. You should speak to his criminal defense attorney to determine if your brother is facing more than the 2 years because of his priors. Good luck.

    See question 
  • Should a judge dismiss the radar evidence when the police camera shows the officer was under transmissions line when using radar

    I asked it to be not used or dismiss the case. The judge denied my motions, said the jury would decide that. It is very clear in the picture he was seating under 345,000 volt line. Everybody knows you should not use radar for speeding tickets whil...

    Lucio’s Answer

    As my other colleague already indicated, you need an attorney to help you out. The judge will not dismiss the case based on what you stated. He is right, the jury will decide. You should hire a criminal defense attorney that specializes in defending class C misdemeanors. They offer very reasonable prices and know how to include or exclude evidence. If you go at it alone, more than likely the attorney representing the State will make it nearly impossible for you present your argument and evidence, even if you are right. If you already lost, you may be able to appeal the case. Speak to local counsel. Good luck.

    See question 
  • Got caught shoplifting at Walmart with less than $15 worth of items...

    This incident happened August, I had made a terrible mistake and got caught shoplifting. The men escorted me to their office, wrote down my information, and told me i was on walmarts system of shoplifters, gave me a letter saying a ticket will arr...

    Lucio’s Answer

    First, it is not just a civil case. You committed a crime therefore it is primarily a criminal case. It is a class C misdemeanor. If the store decides to pursue criminal charges, it can. If you receive a citation in the mail for a class C misdemeanor theft do not ignore it. You can not go to jail but it will affect the rest of your life if you are convicted. Hire an attorney if this happens. As far as the civil part goes, Mr Roark has already provided you excellent advice. Good luck.

    See question 
  • I'm trying to figure if and when I can file for non disclosure on a felony for possession of controlled substance?

    Sentenced to 3 year deferred probation..completed sucesfully and released from probation after May of 2013 after only serving two years on probation. Can I file for non disclosure now?

    Lucio’s Answer

    No, you will have to wait 5 years in accordance with 411.081(d)(3) of the Texas Government Code. Consult an attorney when the time is near. Good luck.

    See question 
  • What does deferred adjudication mean and does it mean that it will clear my record.

    misdemeanor theft more than 50$ and less than 500$

    Lucio’s Answer

    After the deferred you are eligible to petition the court for a non-disclosure. No, the non-disclosure will not clear your record completely. 30+ government agencies will have access to the record. On a good note, the vast majority of private companies will not have access. Good luck.

    See question