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Lucio Antonio Montes

Lucio Montes’s Answers

251 total


  • Statutory rape- how long can I send him away? And can I keep him from my daughter?

    16 yr old girl has sex with a 20 yr old man and gets pregnant. He has a criminal past, two felony 2 charges (assault with a deadly weapon) against his disabled father. That later got dropped down to an A misdemeanor of family violence. What are he...

    Lucio’s Answer

    The prosecutor's office will take into consideration the wishes of the complaining witness, however it is ultimately the decision of the prosecuting attorney what if anything they offer the defendant. He can be sent away for a maximum of 20 years, unless he has a conviction for another felony. She has a good chance of the court appointing her sole managing conservator if he is convicted of the offense. Not a guarantee, just a very good chance. You should speak to an experienced family law attorney to help your daughter. Good luck.

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  • Cant renew my TXDL because of a Failure to appear almost 3 yrs old?

    I got a speeding ticket in Robertson county TX when in college and just ignored it. I have replaced my drivers license probably 10 times since and I just figured they dropped the charges. Also have been pulled over quite a bit and I figured I woul...

    Lucio’s Answer

    It did not likely disappear. You should contact a local criminal defense attorney that handles class C misdemeanors. They can usually post a bond for you to lift the warrant and represent you for the citation. When the warrant is lifted, you will have to possibly pay a fee because of the warrant so that you can renew your driver's license. It takes a few days for DPS to receive notice that you paid the required fees and took care of the warrant. Good luck.

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  • Well I be arrested on my court arraignment?

    I haven't been to jail yet or nothing.. I don't even know what the charges are.. I just received the notice in the mail today... what can I do?

    Lucio’s Answer

    If you received notice that you are going to be charged with a crime, then you need to contact a bonding company so that they can post a bond for you. If you have the money for the cash bond, you should post it. By posting the bond you will avoid going to jail on your arraignment date. Your should then contact a criminal defense attorney to defend you. Most offer free consultations, take advantage. Good luck.

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  • I was deported 5 yrs ago for crossing 44.5 lbs into the usa in el paso tx. i was a legal resident since 1987 how do i get pardon

    I was sentenced to 10 ms. to fed time. then deported have 2 usa citizen sons and i been in usa all my life and had no other convictions and had worked for 0ver 20 yrs

    Lucio’s Answer

    Your should should search for a criminal defense attorney that does federal post conviction relief. They can help you file for a pardon. As Mr. Coppola stated, that rarely happens. Since you were convicted of a federal offense, the President of the United States would have to pardon you. good luck.

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  • I have a court appointed lawyer if I bond out of jail can I keep him

    In jail for robbery threat

    Lucio’s Answer

    Like attorney Yzaguirre stated, there is no rule that prohibits you from keeping the court appointed attorney, however many judges in Harris County will make you prove that you are truly indigent. Many have a financial information form and some will make you bring pay check stubs and other proof of income and expenses. Posting the bond will only be considered to determine the extent it reflects your financial circumstance. Just apply and if you truly can not afford an attorney, you will get to keep him or her. Good luck.

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  • How much time would someone be looking at with 7 new felony charges if they've only been in trouble once before?

    My boyfriend racked up 7 charges in less than a year he has yet to go to court for any of them he is currently incarcerated and has court in a month. He's only had one conviction before and it was unlawful use of a motor vehicle. He now faces burg...

    Lucio’s Answer

    It is not a guarantee that he will serve time, but it does not look good. Whether he is offered a probation depends on too many factors to discuss here. Additionally, no attorney here can even start to give you a decent answer about time or probation or his options because you can not provide the information that an attorney would need to make those assessments. Speak to his attorney. Good luck.

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  • How do i get a class B misdemeanor case dropped and off my record. ?

    I went to jail for marijuana that was not mine. The guy that owned it did not confess to it and myself plus two other were convicted of it, and are not guilty. The guy who's responsible for it says he will take my case but i don't believe him. I a...

    Lucio’s Answer

    If you were convicted, you have a very short period of time to appeal the case. Did you mean that you were charged and are currently fighting the charge? If you were convicted you must immediately contact a criminal defense attorney that does post conviction work. If it is still pending and you are attempting to fight the charge, then you must hire competent legal counsel to defend your case. Do not rely on your friend to come to your rescue. Good luck.

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  • Multiple warrants our for arrest?

    Recently, I received a letter stating I currently have warrants for my arrest. Unfortunately, at this time I cannot afford to hire an attorney to represent me with the following infractions / charges: 2x - FTA, Open container, Possession of drug p...

    Lucio’s Answer

    You should post bonds for the outstanding warrants or else you face a possibility of being detained at your court hearing. You do not necessarily have to hire an attorney for the class C misdemeanors at this time, you just need the warrants lifted. Good luck.

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  • Balchsprings,TX went to jail for public intoxication.I enter a plea of no contest was find $264.00 (fine and court cost.

    question :when I went on line .to make payment the question of : in order to make payment I must waive my rights to an attorney also waive my rights to a jury.looking at the Judgments And Orders it states DEFENDANT UNDERSTANDS THAT PAYMENT OF THE ...

    Lucio’s Answer

    If it just happened, you might be able to ask for a new trial. You have a very small window of time to do that. You should speak to a local attorney that specializes in class C misdemeanor defense. They charge very reasonable fees. If the new trial is not granted, you are facing a long shot to delete it from you records. Good luck

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  • Any deferred action granted with a dwi on their record?

    I got a dwi when I was 21 nine years ago after that my record its clear. My lawyer says thats not a problem. But I want to know a case approved before I make any decision. Please let me know if you had a case like mine granted. Thanks

    Lucio’s Answer

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

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