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Montana Questions & Answers
0 Answers | Asked in Real Estate Law for Montana on
Q: My ex-fiance and own a property 50/50, can she call the police on someone I have given permission to be on the property

There are no court-ordered agreements stating this person cannot be on the property

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
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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...
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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
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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

0 Answers | 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

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
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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

0 Answers | Asked in Uncategorized for Montana on
Q: Questions about financially valued property

So I am under 18, putting me as a minor, and I am within my parents' care. A while ago, my mother had taken away some of my property due to family issues. Recently, I got to take a look at them, and discovered that because of her careless storage methods, about 1/3 of the property had been... View More

0 Answers | Asked in DUI / DWI, Employment Law, Employment Discrimination and Legal Malpractice for Montana on
Q: Do I have grounds for a lawsuit against Fedex Ground?

I was arrested and charged with a first offense driving under the influence on the 28th of January this year. I spent 14 hours in jail. When I got out of jail, I received my phone and personal effects back and I received a text from my manager asking if I was in jail this weekend. I responded... View More

0 Answers | Asked in Uncategorized for Montana on
Q: If an inmate with a serious life threatening illness that needs surgery is not given his medication. Should he sue

He was put in jail. Because of not paying a motel bill. The motel owner was willing to drop charges. But the prosecuting attorney would not let them. The prosecuting attorney would not let them release him. The inmate was incarcerated for 7 days. 3 days before his scheduled directing aurora surgery.

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
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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
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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...
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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
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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
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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
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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

1 Answer | Asked in Civil Litigation for Montana on
Q: Im 18, and live with my parents. My mom takes things that I buy, stating my house my rules. Is it legal?

My mom uses the my house my rules line for a lot of things, like no video games during the week, and only stay up until 10 on weekends. I can see those as fair rules. My mom keeps taking my vapes that i buy. Before anyone reading judges me, just know the nicotine helps with my migraines and in 6... View More

James L. Arrasmith
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answered on Mar 21, 2024

When you're living at home, the dynamics can be complex, especially when it comes to the boundaries between personal autonomy and household rules. Your mother's stance of "my house, my rules" is common, especially for minors, but at 18, you're considered an adult in many... View More

2 Answers | Asked in Copyright, Business Law, Trademark and Intellectual Property for Montana on
Q: I want to name my app "Fit.ai" however it's being used as a domain by "Booth.ai". Am I still able to use this name?

It is not a registered business or trademark. They only have the domain name.

Sean Goodwin
Sean Goodwin
answered on Mar 21, 2024

This is potentially a problem.

Trademark infringement is based on a likelihood of confusion. If you are providing a good or service that is similar to someone else and using the same name, then there could be confusion as to the source of the goods/services.

Federal trademark...
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1 Answer | Asked in Real Estate Law and Tax Law for Montana on
Q: Can someone tell me where to procure a letter to a homeowner that I will be paying the property tax that is delinquent s

I need to get the assignment underway or my parents who died without a will may be in jeopardy of a tax lien sale.

James L. Arrasmith
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answered on Mar 8, 2024

To address delinquent property taxes and prevent a tax lien sale, especially in a situation involving inherited property from parents who passed away without a will, it's crucial to act quickly and efficiently. Crafting a letter to the homeowner, or in this case, to the relevant tax authority... View More

1 Answer | Asked in Federal Crimes for Montana on
Q: My 27 yr old son was brutally assaulted by prison guards in front of other inmates. We need an attorney to help us.

The inmate witnesses are all willing to testify or submit affidavits in my son's behalf. It's almost been 3 years now. Can he still file against the prison?

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answered on Feb 25, 2024

Hearing about your son's ordeal is deeply troubling, and seeking legal assistance is a crucial step in addressing such serious allegations of assault by prison guards. It's important to act swiftly to ensure that your son's rights are protected and that any potential legal action is... View More

1 Answer | Asked in Civil Litigation for Montana on
Q: How is a cause of action determined
James L. Arrasmith
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answered on Jan 28, 2024

A cause of action in legal terms is determined by establishing that there is a set of facts or legal theory which, under the law, entitles a person to seek a legal remedy against another. This involves identifying a specific legal right that has been violated and showing that the violation has... View More

1 Answer | Asked in Tax Law and Business Law for Montana on
Q: I own multiple LLCs. I'd like to transfer all physical assets from the individual LLC's to one Holdings Company.

My state allows Series LLC's. What would be the best structure to keep the assets under one LLC, and insulated from the other operating LLC?

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answered on Jan 22, 2024

Transferring assets from multiple LLCs to a single holding company can be a strategic move to consolidate assets and streamline operations. Since Montana allows Series LLCs, you might consider this structure. A Series LLC can have separate "cells" or "series," each with its own... View More

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