Skip to main content
Matthew Ryan Montes

Matthew Montes’s Answers

246 total


  • Roof leaked before closing on house. We sent a repair amendment to sellers but they refuse to sign & state work is complete?

    We have a contract pending on a house. A week before closing, we discovered that the roof had leaked causing damage to one of the walls in the house. We notified the seller of the issue and asked them to fix it, provide detailed invoice for work d...

    Matthew’s Answer

    Depending on what your contract says, you probably have the rights to accept it or walk away. It would probably be wise for you to get a warranty of the work done Do you have a realtor involved? They can advise you more on what your specific contract says.

    See question 
  • . What form is needed to be able to add someone to the deed of a home.

    My boyfriend and I have lived together going on 2 years now. He had a new home built. He is the only one on the deed as of right now. He now wants to add me to the deed incase something were to happen to him I would be able to keep the house. We w...

    Matthew’s Answer

    I agree with Mr. Lautin. Given what you've stated, your boyfriend might get the results he needs by simply giving you the property in his will.

    See question 
  • My apartment maintenance painted over water damage, not fixed it. What do I do now?

    My apartment flooded weeks ago and I sat with water raining into my bathroom for 6 hours because it was a Sunday and they would not return my calls. They said that they were not going to open the walls because by 3 pm on Monday, when they got ther...

    Matthew’s Answer

    If there's mold growing, the apartment might be in violation of what is called the "implied warrant of habitability" in which they are obligated to make the place safe for you as a renter. It could affect your rent values or they could be in breach of the lease all together. Contact a lawyer who handles landlord/tenant disputes.

    See question 
  • How much is expungement if charges were deffered?

    I went to court and I was found not guilty, therefore my charges were deffered. They say I am on probation for 90 days w/ no penal code convictions.

    Matthew’s Answer

    If you're on deferred adjudication, then the proper mechanism for cleaning up your record is a petition for non-disclosure instead of an expunction. With a non-disclosure, you are asking the judge to seal the records instead of destroying them altogether. Your ability to get one, however, depends on several other factors such as what crime you are doing probation for. Your best bet is to talk to an attorney for more information including prices as these can vary dramatically.

    See question 
  • Having issues with my partner, I own 1/3 of a company but on paper I'm the only registered owner

    my partner is refusing to sign any legal documents that he is a 2/3 owner and the manager of the company (trying to hide himself in case if something goes wrong but he is giving me the excuse that he owns an other entity) he does get checks unde...

    Matthew’s Answer

    There is a lot to unpack here. Do you have a partnership agreement with him? What type of entity is the business under? LLC? Corp? Partnership?

    See question 
  • What can I do to get a felony conviction for forgery by making exspunged if I don't know the specifics of the case?

    I have applied for an expundgement and was denied. I personally did not commit the crime and due to my attorney I pleaded guilty and was on deferred adjudication and after my probation officer wouldn't work with me and my job hours I stopped repor...

    Matthew’s Answer

    Unfortunately, it sounds like you were ultimately found guilty, which means it is going to be permanently on your record. You are not eligible for an expunction or a non-disclosure. Sorry to be the bearer of bad news.

    See question 
  • If a I have five year probation for stealing and got caught stealing againg tenonths later, how much time will I have do?

    This 18 yr old had a five yr probation and got caught stealing a tv, what are hes chances of not doing time

    Matthew’s Answer

    Offenders who repeat the same offense are not given a lot of leeway by the courts, and the chances of going to prison are high. He needs an attorney to defend both the impending revocation and new charge.

    See question 
  • What happens if i fail a drug test while i'm on probation?

    im waiting to go to court, i get drug test twice a month. So i guess im kind of like on IPC? but anyways i smoked pot on friday, i was only high for bout an hour, my drug test is on wensday, ive been trying to drink alot of fluids, and been taking...

    Matthew’s Answer

    It's going to be a violation of probation. Depending on the type of probation you're on and how your PO is, it could land you back in court where you could have your probation modified or revoked, landing yourself in jail. At a minimum, if you test positive, your PO will document it and should you land in court later for a hearing in front of the judge, it'll come up.

    See question 
  • Hi my son violated his probation for not doing 10hrs of community srvc and not keeping up his grades in sckool..we went to court

    we wnt to court yesterday and they left him there hes hearing will b in 2 weeks..hes 18 with a mentallity of an 12 year wat i mean is that he lets people take over hes mind where they manipulate him in others ways ohh dont do this there gonna..kno...

    Matthew’s Answer

    The judge will decide what he wants to do with him. It is possible the judge is just leaving him in jail so that he can get a "flavor" of life if he doesn't comply. No matter what, it is important that he has counsel with him at his next hearing. If you'd like to discuss this case further, you are more than welcome to contact me trough my profile. Good luck.

    See question 
  • Is one with a felony forgery of a financial instrument eligible to have it expunged from their criminal record?

    The check was in the amount of $1500.00. Received Differed Adjudification.

    Matthew’s Answer

    Ms. Foley is a pro on these matters. She hit it on the head.

    See question