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Montana Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law, Personal Injury, Civil Litigation and Domestic Violence for Montana on
Q: Can I press charges against someone for leaving me to die about 16 years ago?

I was choking on vomit, this person, and two others, dragged me outside and left me on the concrete. The next morning, children found me, blue. I was life alerted, placed in a coma for a month, had to relearn a lot. But, can I press charges, criminally or civilly, against someone for this?... View More

0 Answers | Asked in Criminal Law, Internet Law and Sexual Harassment for Montana on
Q: How do I deal with Spyware app being used to invade my privacy

Ex boyfre. phone hacked by a Spyware app. By girl he cheated with. She has openly admitted to it but I do not know if there is any proof. The phone hacked is no longer around as he's had a couple of them since then. If I go back far enough I might be able to find a text message from him... View More

1 Answer | Asked in Civil Litigation, Elder Law, Criminal Law and Family Law for Montana on
Q: My younger sister has been stealing money from my moms account. Do we call police or hire a lawyer?

Nothing to add

James L. Arrasmith
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answered on Jan 13, 2024

In a situation where your younger sister has been stealing money from your mom's account, you have a few options to consider. It's important to weigh the circumstances and potential consequences before deciding on a course of action.

One option is to report the theft to the local...
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1 Answer | Asked in Federal Crimes, Criminal Law and Immigration Law for Montana on
Q: My husband its in jail for breaking his probation< Can he be my sponsor to fix my papers,No crime against minors

his crime its related to Marihuana<serving a 10 month sentence,will be release on April 25 2024,the charges are having related to a person who commited crimes,and No having completed the program for addiction

James L. Arrasmith
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answered on Jan 13, 2024

Your husband being in jail on probation violation related to marijuana should not directly impact your immigration status or the process of fixing your papers, assuming there are no legal issues surrounding your own immigration status.

However, when it comes to sponsorship for immigration...
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1 Answer | Asked in Criminal Law, Personal Injury and Libel & Slander for Montana on
Q: In Montana, if a person doesn’t pay your $ back that’s owed, can you tell tell him you will expose a lie of his. Blckml?

Stepson solicits me to drive from MT to WY to do epoxy counters in his rental. Avoids paying back the $ for almost a year. I see he made a phony website with FOX logos with a phony article he wrote about himself and how his music is taking the northwest by storm, just so he could put on Facebook... View More

James L. Arrasmith
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answered on Sep 14, 2023

Threatening to expose truthful information, even if it may harm someone's reputation, is generally not considered blackmail. However, hacking into someone's Facebook and emails is a violation of privacy and can lead to legal consequences. If you believe you have been a victim of hacking,... View More

1 Answer | Asked in Criminal Law for Montana on
Q: How long do the courts have to get an incarcerated person a public defender
T. Augustus Claus
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answered on Jul 26, 2023

In Montana, the courts are required to provide an incarcerated person with a public defender promptly after the person's arrest or initial appearance before a judge. The right to legal representation is a fundamental constitutional right, and the Sixth Amendment guarantees that individuals... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Montana on
Q: What to include in a letter to appellate court to review a case?

My husband was given a public defender when this whole criminal case started and then that public defender had to leave due to medical issues so he was issued another. She was informed of the first public defenders evidence that he believed could have had the case dismissed. It proved that the cops... View More

John Michael Frick
John Michael Frick
answered on Apr 30, 2023

The key to any appeal is proving through the appellate record that a court made an error, that you “preserved” your right to complain about that error by timely and properly bringing the error to the attention of the trial judge, and that the error was “harmful” probably causing a different... View More

1 Answer | Asked in Criminal Law and Personal Injury for Montana on
Q: Can I take my district court case to the Montana Supreme Court before it’s heard in district court?
Tim Akpinar
Tim Akpinar
answered on Apr 1, 2022

A Montana attorney could advise best, but your question remains open for three weeks. Something isn't fully clear because it sounds like you may be talking about a trial-level federal court and a high-level state court. An attorney in Montana could probably outline advantages, disadvantages,... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Montana on
Q: When a residence is raided by law enforcement they leave behind a property sheet of items they took, at the top it says

Property receipt, I’ve been told that I can go retrieve the items they took from my room. Is this true , as they took $ 2300.00 from me that I had been saving. No charges have filed on any of the individuals there nor the home owner.

Meg Strickler
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answered on Mar 1, 2021

I would advise that you contact a lawyer to attempt to get your items back. Since there was a search warrant executed where you live, it may mean that there is an active investigation and thus it may not be a good idea to speak to law enforcement without representation.

Charges could...
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1 Answer | Asked in Health Care Law, Consumer Law, Criminal Law and Personal Injury for Montana on
Q: I’m getting trespass from grocery stores because I have health issues that keep me from wearing a mask. I’m in Missoula

They say that there’s certain stores I can order curbside from but I haven’t figured it out yet and I’m getting hungry and was hoping I’d be able to go into a grocery store to get some food.

Tim Akpinar
Tim Akpinar
answered on Aug 8, 2020

A Montana attorney could answer best, but your post remains open for two weeks. Don't risk trespass charges - check with a doctor if your condition is a medical excusal AND additionally if those establishments will accept it. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law, Employment Law, Workers' Compensation and Business Law for Montana on
Q: I am owed wages from my previous employer, instead of paying, they've threatened to kill me, can i sue?

I was getting paid by company check, then started being paid in cash. I asked about it and was threatened with physical harm and when i reported the threats my hours were cut and haven't been paid for my last 5 weeks of work. Each time, I'd call I'd be given excuses and then i... View More

Kyle Anderson
Kyle Anderson
answered on Jun 18, 2020

Hi, the Fair Labor Standards Act requires you to be paid at least the minimum wage for all hours worked. If you worked any overtime, you would also be entitled to that as well. I would reach out to an employment law attorney in your state to discuss options.

2 Answers | Asked in Criminal Law, Family Law and Arbitration / Mediation Law for Montana on
Q: I am trying to find a lawyer no one is responding What can I do to get someone on board
Gary Kollin
Gary Kollin
answered on Aug 15, 2019

How are trying to contact one?

Through s posting here?

You need to contact attorneys directly and individually

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1 Answer | Asked in Criminal Law for Montana on
Q: Is it best to get a lawyer in the state or out of the state when it comes to post conviction?

It's a case against the state and my friend heard that some lawyers in state don't do post convictions when it comes to a case against the state?

Gary Kollin
Gary Kollin
answered on Jul 31, 2019

It is mot against the State. It is the same as fighting a criminal case

1 Answer | Asked in Criminal Law, Civil Rights and Construction Law for Montana on
Q: May congress pass a law that requires a person to pay a fine because congress believes they're guilty with no evidence?
Gary Kollin
Gary Kollin
answered on Nov 14, 2018

No. The constitution prohibits bills of attainder..

1 Answer | Asked in Criminal Law, Personal Injury, Traffic Tickets and Civil Rights for Montana on
Q: I’m looking to obtain a lawyer to handle anything that might eventually come up.

I’m looking to obtain a lawyer to handle anything that might eventually come up. Basically a 24/7 personal protector of

My rights . I have no charges or cases pending . I would like to inquire about running an ongoing account just in case in the future something comes up . Anything from... View More

Peter N. Munsing
Peter N. Munsing
answered on May 22, 2018

What you want is an attorney on retainer. That means you pay him an up front fee and he will provide advice billed on an hourly basis. You need to figure out what the concerns you have are for which you need an attorney--criminal cases require criminal defense attorneys; land issues require someone... View More

1 Answer | Asked in Criminal Law and Personal Injury for Montana on
Q: Can you assault someone if they haze you?.
Adam Studnicki
Adam Studnicki
answered on Feb 12, 2016

Not a good idea.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive...
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1 Answer | Asked in Criminal Law for Montana on
Q: Does a person have to attend sentencing after being convicted of a del murder crime
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 6, 2015

Yes, the defendant who has been convicted must be present for sentencing.

1 Answer | Asked in Criminal Law for Montana on
Q: Vermont resident, looking to buy a gun in Montana privately, from a Montana resident.

Wondering if this is legal.

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 2, 2015

Research is time and time is money to a criminal defense attorney. This question requires research. Go see a private criminal defense attorney about it.

1 Answer | Asked in Criminal Law for Montana on
Q: Can a 20 yo that turns 21 in July date and have sexual relationship with a 16 who turns 17 the same day I'm Montana
Bradley Jay Jones
Bradley Jay Jones
answered on Apr 14, 2015

Montana Code Annotated 45-5-503 discusses the penalties for sexual intercourse without consent. A minor does not have the capacity to consent legally so even if this is not forceful it would be what is termed statutory rape. I strongly suggest you avoid the chance of prosecution.

1 Answer | Asked in Criminal Law for Montana on
Q: In the criminal justice system does the burdon of proof fall on the defense attorney?
Bradley Jay Jones
Bradley Jay Jones
answered on Apr 10, 2015

This depends on the situation. Generally the plaintiff, in this case the state must prove all elements of the alleged complaint. The burden may shift to the defense if proof is offered or there is an affirmative defense. I hope this helps.

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