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Montana Criminal Law Questions & Answers
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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