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Questions Answered by Lucio Antonio Montes
1 Answer | Asked in Criminal Law for Texas on
Q: Does a judge have any obligation to inform you at sentencing that he/she has decided not to grant deferred adjudication?

If a judge, the ADA, and the defendants attorney all agree to deferred adjudication at pre trial hearing and the judge explains the process to the defendant (including the fact that a plea of guilty has to be entered in order to be granted deferred adjudication and then asks for the defendant to... Read more »

Lucio Antonio Montes
Lucio Antonio Montes answered on May 11, 2022

If the person entered a plea without an agreed recommendation, then the person opens himself up for the full range of punishment. The decision rest solely on the judge. I am guessing that is what happened in this case. However, if the plea papers indicated an agreement with the prosecutor, then the... Read more »

5 Answers | Asked in Criminal Law for Texas on
Q: I received deferred adjudication in march for a mistake. I completed everything. Will it show in a background check?

I walked off of a Wal-Mart with an iitemi intended to bit accidentally & was charged with theft. I paid all my fees & got into no more trouble & the case was dismissed. Will that show on a background check?

Lucio Antonio Montes
Lucio Antonio Montes answered on Oct 6, 2020

Yes, if you took a deferred adjudication. It will come up on a background check. It will show that it was dismissed and that it is not a final conviction. You will have to apply for a non-disclosure in order to be able to hide the crime from any non government agencies. Speak to a criminal defense... Read more »

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3 Answers | Asked in Criminal Law for Texas on
Q: Can u be charged and warrant issued for a Charge u didn't have or knew anything bout til u get arrested

My boyfriend got arrested for a class c warrant and didn't know anything bout a warrant for a burgulary charge he never had. Happened in Victoria county texas

Lucio Antonio Montes
Lucio Antonio Montes answered on Feb 4, 2020

Yes, you can be arrested for a warrant that you did not know about. It happens all of the time. Arrest are not always made immediately by the police. A burglary where the suspects where not caught on the scene is a great example. The police investigate and try to determine who did it and when they... Read more »

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2 Answers | Asked in Criminal Law and Probate for Texas on
Q: What could happen if I mtr for not reporting and on probation for driving while liscence invalid.

I was placed on probation for 6 months an early release in 30 days if all fees and dl cleared. I stopped reporting and I am staying out of trouble. I've got my drivers license and have paid all my fines and fees. What could happen

Lucio Antonio Montes
Lucio Antonio Montes answered on Dec 17, 2019

If you do not report, then how can the court determine if you are doing well on probation. It's good that you have not been arrested for any other crime, however it does not excuse why you did not follow the court's order. Your fate is in the hands of the judge. On the brighter side, as... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: What are the chances of someone getting convicted based on circumstantial evidence
Lucio Antonio Montes
Lucio Antonio Montes answered on Dec 9, 2019

No one can give you chances based on what you just asked. Just like all evidence, it depends on the strength of the evidence. A fingerprint at the scene of a crime is pretty good circumstantial evidence to establish that a person was at least present. Semen found in a sexual assault case is also... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: My boyfriend was arrested for theft u/2500 w/2 or more priors -ct1- bf surety what does this mean
Lucio Antonio Montes
Lucio Antonio Montes answered on Mar 3, 2019

The state is allowed to enhance any theft to a felony when a person has committed to other thefts. It seems as though he is being charged with a state jail felony. This is a result of his 2 prior theft convictions. He is facing 180 days to 2 years in a State jail facility. You should speak to a... Read more »

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