Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Montana Questions & Answers
0 Answers | Asked in Criminal Law for Montana on
Q: After successfully completing a drug treatment program. My son went to a pre-release center for 6 months.

His release papers are to be signed soon. He will be on probation for two years. Department of Corrections is telling him that he is not allowed to live with his wife and children. For 3 months he was allowed weekend passes to his home. CPS is not involved , his parental rights were never taken.... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Montana on
Q: I need help with privacy violations that were made via unauthorized background checks. What do I do? Who do I contact?

I have recently decided to take back my privacy rights. When doing so I discovered a lot of people, whose names, claimed relatives performing background checks when not authorized to do so without my consent. I would like to know the legal steps to pursue this in the most legal ways possible to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 9, 2024

Start by gathering all your evidence, including screenshots and any records of unauthorized background checks. Document each instance where your privacy was breached and note the names and organizations involved.

Next, contact the entities that performed these checks. Request a detailed...
View More

0 Answers | Asked in Criminal Law for Montana on
Q: What motions are typically filed for the Omnibus hearing in a criminal case

this case involved a citation for reckless driving

0 Answers | Asked in Real Estate Law for Montana on
Q: We are purchasing a home that has an apartment over the garage.

We are purchasing a home that has an apartment over the garage. There is a current renter living on a month to month lease. Seller is not willing to give them a 30 day notice until all contingencies are realesed which wil lhappen a week before the scheduled close date. What should we do?

0 Answers | Asked in Landlord - Tenant for Montana on
Q: Can my landlord remove my name from lease without serving me anything?

My landlord texts at least a week or so BEFORE the 1st requesting rent money. She also will drive by my house or sit up the street and watch my house constantly. I had my mom and step dad visiting (for one night) and she texts me telling me they need to leave immediately. She also will repeatedly... View More

0 Answers | Asked in Probate for Montana on
Q: Probate estate question re conservatorship and primary representative

My sister died with an estate over $1 million including real estate. Her boyfriend (illegally claiming common law) was her conservator due to her dementia. He supposedly is her Primary Representative but no probate has been opened and he is in the hospital. Can I, as her sister, become the... View More

0 Answers | Asked in Landlord - Tenant for Montana on
Q: Can my landlord constantly ask for rent before the due date and threaten to evict me every other day?

My landlord texts at least a week or so BEFORE the 1st requesting rent money. She also will drive by my house or sit up the street and watch my house constantly. I had my mom and step dad visiting (for one night) and she texts me telling me they need to leave immediately. She also will repeatedly... View More

1 Answer | Asked in Employment Law and Civil Rights for Montana on
Q: What is Montana definition of forced labor? I have ILO definition and my employer checks both boxes for their definition

We are required to remain at our station ,under threat of termination, beyond our agreed shifts if our relief does not show up for shift. I've made employer aware I am unwilling to stay past my scheduled shift.

I have left at my scheduled time twice in 3 months. I am forced to remain... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

Under Montana law, forced labor can fall under the broader category of labor trafficking, which occurs when someone is made to work against their will through the use of force, fraud, or coercion. Your situation seems to match the ILO definition of forced labor, as you are being compelled to work... View More

1 Answer | Asked in Car Accidents for Montana on
Q: Can you get a careless driving ticket do to an accident on private property

Backing incident not sure if I ever hit the other vehicle no evidence of damage to my vehicle.police didn't see damage to my vehicle either.

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2024

A Montana attorney could advise best, but your question remains open for four weeks. Your question probably went unnoticed under the "Car Accidents" category. Some questions here go unanswered, but if your matter is still pending, you could try reposting and adding "Traffic... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Native American Law for Montana on
Q: can fbi agents execute and supervise tribal warrants on tribal land without federal warrants is it a violation.

tribal law and order code criminal procedure states reservation police officers must execute and make arrest of warrants.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

FBI agents generally need federal warrants to execute or supervise arrests on tribal land. Tribal warrants should be executed by reservation police officers, as stated in the tribal law and order code.

If FBI agents act without a federal warrant, it might be a violation of tribal...
View More

1 Answer | Asked in Criminal Law, Federal Crimes and Native American Law for Montana on
Q: can fbi agents execute and supervise tribal warrants on tribal land without federal warrants is it a violation.

tribal law and order code criminal procedure states reservation police officers must execute and make arrest of warrants.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

FBI agents generally need federal warrants to execute or supervise arrests on tribal land. Tribal warrants should be executed by reservation police officers, as stated in the tribal law and order code.

If FBI agents act without a federal warrant, it might be a violation of tribal...
View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for Montana on
Q: I need assistance with a guardianship matter regarding one of my daughter's.

An order to modify the Guardianship is requested because several factors have brought light to new details surrounding the matter, and these new details have arisen many concerns. Recent discovery has revealed the Guardianship currently held by MRS. CDH, over my daughter, CLW, was appointed through... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 27, 2024

It sounds like you are facing a challenging situation with your daughter's guardianship. To address these issues, you need to gather all the evidence of the fraudulent activities committed by Mrs. CDH. This includes any forged documents, false statements, and proof of your true residence and... View More

1 Answer | Asked in Native American Law and Workers' Compensation for Montana on
Q: do you do help with cases on indian reservations?

I was injured March 21st in my office and I rolled my right foot breaking 2 bones. I turned everything into the Tribe's insurance which is called Tribal First out of San Diego and was just denied last week due to the work didn't have anything to do with the break. We had a sub-committee... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

I'm sorry to hear about your injury and the challenges you're facing with the Tribe's insurance. Given the circumstances of your injury, it sounds like it occurred during your workday and in response to a work-related task, even though the exact meeting time had not yet arrived.... View More

1 Answer | Asked in Government Contracts and Native American Law for Montana on
Q: What is the difference between state power of attorney and tribal adult protection act?

I would like to take power of attorney over my Navajo elderly parents but they live on the navajo reservation. I live in Montana. Is getting a power of attorney through the state as good as tribal guardianship?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

When considering power of attorney for your Navajo elderly parents, it's important to understand the distinctions between state power of attorney and tribal adult protection acts. A state power of attorney is a legal document that allows you to make decisions on behalf of your parents, but its... View More

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation, Civil Rights and Libel & Slander for Montana on
Q: During a hearing regarding disturbing the peace and throwing rocks, what is the procedure for self representation?

My husband was accused of throwing rocks at the neighbor's house. He did not do this. The neighbor started a civil suit against me and my husband last year and has been harassing us with sheriff calls and disputes through the town council. He has disparaged us through emails at his work,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024

To represent himself at the hearing, your husband should follow these general steps:

1. Notify the court:

- File a written notice with the court stating that he will be representing himself (pro se).

- This can usually be done by submitting a simple statement to the court...
View More

1 Answer | Asked in Personal Injury for Montana on
Q: Ineed surgery for a work related injury but cannot get it because i am anemic.

I worked for coca cola as a merchandiser for a little over a year. Tore my labrum and bicep at work and need corrective arthroscopic surgery. I am unable to get this surgery done because I am anemic and the surgeon refuses to do the surgery without clearance from my regular physician. What can i... View More

Tim Akpinar
Tim Akpinar
answered on Jun 23, 2024

A Montana attorney could advise best, but your question remains open for two weeks. This may be something more about medical issues than legal issues if there is a sound basis for your primary care physician to not clear you for surgery. At this point, reach out to workers' comp attorneys to... View More

1 Answer | Asked in Tax Law for Montana on
Q: what all needs to accompany a motion for judicial review regarding state tax appeal boards

I am filing a motion for judicial review of information I have provided to the montana tax appeal board. what needs to accompany the motion, if any

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2024

When filing a motion for judicial review regarding a decision by the Montana Tax Appeal Board, you need to ensure you include several key components to support your motion. First, you should attach a copy of the decision or order that you are seeking to have reviewed. This provides the court with... View More

1 Answer | Asked in Immigration Law for Montana on
Q: NIW- EB-2 self petition

I am a J1 Participant, seeking information about NIW EB-2. I have bachelors, 5 years in total teaching services, have both license from the original country and here in US. IS there any chance I can petition myself with all of my credentials?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2024

The EB-2 National Interest Waiver (NIW) is an employment-based green card category that allows individuals with exceptional ability or advanced degrees to self-petition for permanent residence without a job offer or labor certification. To qualify for an NIW, you must demonstrate that your work is... View More

1 Answer | Asked in Military Law for Montana on
Q: Can you leave the military if they promised you under contract to repay student loans but are not following through?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 22, 2024

If the military is not following through on their promise to repay student loans under your contract, it's essential to understand your options carefully. Begin by reviewing your enlistment contract and any other relevant documents to confirm the terms regarding loan repayment. Documentation... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.