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Montana Questions & Answers
1 Answer | Asked in Car Accidents for Montana on
Q: What kind of lawyer do I need for a problem with a speeding ticket and points on my license?

I got a speeding ticket which put me at 27 points on my license. My last ticket was last year so I am looking for some help to defer it to two points.

Adam Studnicki
Adam Studnicki
answered on Aug 3, 2015

A traffic ticket lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to...
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1 Answer | Asked in Immigration Law for Montana on
Q: Hello,Can I still work on my F1 OPT after I get my H4 COS approved and before H4 EAD arrives?

I am currently on F1 OPT and have applied for concurrent change of status to H4 & EAD.

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jul 14, 2015

You can work until your EAD expires. If you get another EAD H4 the one you have right now will be void. So yes, you can work on OPT Until H4 EAD arrives.

"15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice,...
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1 Answer | Asked in Contracts for Montana on
Q: How do I search case law as a pro se litigant for a case involving breach of contract, conspiracy to breach?

I can show the value of the breached contract is $800,000. I also have strong proof of conspiracy which I'm told can triple damages to $2.4 million.

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 8, 2015

Get to a law library to do lega research. There are probably pretty good law libraries in Missoula and Helena. See if there is one closer to you.

1 Answer | Asked in Personal Injury for Montana on
Q: Can i sue the property management company where i fell on ice and broke my ankle even though my employer paid work comp

My employer owns the property

Adam Studnicki
Adam Studnicki
answered on Aug 4, 2015

More information is needed to answer. Talk to a local injury lawyer. They offer free consultations.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice,...
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1 Answer | Asked in White Collar Crime for Montana on
Q: Injured back 14 yrs ago , liberty nw is comp company , had unpaid bills , harassment etc , and no care now for 3yrs

Had Dr but comp wouldn't follow OE listen to Dr , Dr got frustrated and now I have nothing , but pain! What should or could I do?

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 26, 2015

Speak with your workers comp attorney or go get one.

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 Contracts for Montana on
Q: I received bad check for work I did on someones house

What can I do im out $1000

Bradley Jay Jones
Bradley Jay Jones
answered on Apr 14, 2015

You need to file a small claims court action to recover your funds and costs related to the bad check.

1 Answer | Asked in Civil Rights for Montana on
Q: Can my person or personal belongings be searched as a passenger on a commercial motor coach (bus)

If so, on what grounds & what are my rights

Bradley Jay Jones
Bradley Jay Jones
answered on Apr 10, 2015

This will depend on who is searching and why. Generally speaking you should not be searched on ground transportation by a civilian.

1 Answer | Asked in Family Law and Public Benefits for Montana on
Q: Can My spouse collect Alamony without it changing her SSDI
Bradley Jay Jones
Bradley Jay Jones
answered on Apr 10, 2015

Yes, SSDI is not tied to resource availability. If your wife were receiving SSI the alimony would count as a resource and likely disqualify her from receiving benefits.

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.

1 Answer | Asked in Employment Law for Montana on
Q: What steps can you take if a shady employer took down personal information during job interview?

I recently answered a referral for a book keeping position for an individual who is a lawyer with many "businesses". He asked many unethical questions of which wrote down my replies in a file. I later called to decline the being interested in the position. I asked if I could have the file... View More

Bradley Jay Jones
Bradley Jay Jones
answered on Apr 10, 2015

Unless the employer is using your information for illegal purposes there is nothing you can do. Your information was provided to him voluntarily.

1 Answer | Asked in Appeals / Appellate Law for Montana on
Q: How long does it generally take for an appealed case to be heard by the 9th circuit?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 18, 2015

Go to their website and look at the dates of the cases that have recently been decided, to get an idea of how long it might take.

1 Answer | Asked in Immigration Law for Montana on
Q: immigration law

Brazilian citizen, been to usa 6 times over last 4 yrs., has a current student visa...and a current tourist visa..... she will be here in Jan. 2015.... during this time we will get married..... she and I will get married in Feb. or such....she will apply for a 'green card'.... in oct.... View More

Stephen Baird
Stephen Baird
answered on Dec 5, 2014

From the situation you describe, you potentially have a few issues. If she enters the US on a non-immigrant visa with the intent to marry you and file for a green card, she has lied to the agents at the border by claiming to be coming to the US without the intent to immigrate.

It is also...
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1 Answer | Asked in Constitutional Law for Montana on
Q: Pro se civil rights cs in the lwr crts of AK +TN=no good faith/jurisdiction? MT is new domicile, want to go US Suprm

Newly domiciled in Missoula Co. MT. Since 2007 have my D.V. cases that has snowballed into my civil rights cases in 2 different states who do not have good faith or comity=jurisdiction left. Want to bump it up to US Supreme Crt for reform. Only Feds have jurisdiction over all 3 states? Need list... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 7, 2015

Look in the phone book or online for the right attorney.

1 Answer | Asked in Employment Law for Montana on
Q: I need to know if a person managing a motel is paid by the hour or on a day rate. This person is not an administrator.

I am the manager of a small motel and the person who comes in so I can have a day off is being paid $30.00 per day no matter how long she has to be here answering the phone taking reservations doing laundry etc...

Bradley Jay Jones
Bradley Jay Jones
answered on Apr 10, 2015

How the employee is paid is a matter of agreement between the employer and the employee. State and Federal minimum wage requirements must be met but how the wage is calculated is not a firm matter of law.

1 Answer | Asked in Appeals / Appellate Law for Montana on
Q: When a person is supposed to be on antipsychotic medications and isn't taking them but is instead using illegal drugs

And a lawsuit is filed against them, they don't show up to court because they are out of their mind and a judgment is placed against them, can they appeal now that they are sober and actually care about this no matter how long its been?? With doctors statements and later hospitalization and... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 25, 2015

No. Not in my opinion. But then I know only what you have written here and that is not much.

1 Answer | Asked in Bankruptcy for Montana on
Q: Hired Montana attorney three years ago paid $2100. Nothing yet done on bankruptcy and he won't return calls.
Andrew Bresalier
Andrew Bresalier
answered on Feb 3, 2014

Contact your respective state bar association and file a complaint.

1 Answer | Asked in Medical Malpractice for Montana on
Q: I was hospitalized for blockage after Drs, repeatedly sent me home from Er .is this malpractice?

After accident,concussion...initially was given enema,however the nurse put it in the wrong place, which I called and told patient services " who hung up on me.when I returned I also had infection and the same nurse was there. I said please bet another nurse if same problem. They sent me home... View More

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Sep 20, 2013

From your description of your medical care, it seems like you may have experienced poor service, but probably not malpractice. Cases in medical negligence arise when the medical providers have deviated from the accepted standard of medical care and injured the patient. It's unclear to me how... View More

1 Answer | Asked in Bankruptcy for Montana on
Q: Can ex spouse force payment of debt discharged in chapter 13
Andrew Bresalier
Andrew Bresalier
answered on Feb 3, 2014

A: Equitable Distribution is Dischargeable; however, if the payment is in the “Nature of Support” it is not Dischargeable and you can be forced to pay.

1 Answer | Asked in Bankruptcy for Montana on
Q: Can a person put assets out of bankruptcy in a equity fund with certificates?
Andrew Bresalier
Andrew Bresalier
answered on Feb 3, 2014

A: This can be viewed as a “Fraudulent Conveyance with the Intent to Defraud your Creditors” and/or “Conversion of an Unexempt Asset to an Exempt Asset in an Attempt to Defraud your Creditors”. In a Bky a Trustee can consider the transfer void and proceed against the property and/or the new owner.

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