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Montana Criminal Law Questions & Answers
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... View More

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... View More

1 Answer | Asked in Criminal Law and White Collar Crime for Montana on
Q: Is it illegal to use a fake return address on certified mail in Montana for personal purposes?

Is it a crime to use a fake return address and name on a piece of certified mail for personal purposes? I did this to prevent the letter from returning to my current address, as it contains my name and phone number. I obtained the recipient's address from a private investigator on Fiverr.... View More

James L. Arrasmith
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answered on Jul 6, 2025

Using a false return address on certified mail may seem harmless, but under Montana and federal law, it can raise legal issues depending on the purpose and the effect. If the false information is used to mislead, conceal your identity for deceptive purposes, or interfere with the delivery process,... View More

1 Answer | Asked in DUI / DWI and Criminal Law for Montana on
Q: Arrested for DUI, not fingerprinted, sheriff requests fingerprints; consult lawyer?

I was recently arrested for a DUI, and they did not fingerprint me at the time. The sheriff's office has called, asking me to come in and provide fingerprints. They did not give a reason for not fingerprinting me initially. Should I go in or consult my lawyer first, considering I haven't... View More

James L. Arrasmith
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answered on Jun 25, 2025

You should absolutely speak with your lawyer before responding to the sheriff's request. Fingerprinting is a standard part of a DUI arrest, and the fact that it was missed does not mean you’re off the hook. Law enforcement may be trying to correct their oversight, but you have the right to... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Montana on
Q: Seeking advice on past MIP charge in Montana after hospital treatment.

In 2017, when I was over 18 but under 21, I received a Minor in Possession (MIP) charge in Montana for alcohol possession. On that night, I ended up in the hospital and only learned of the MIP charge a month later by mail. I reviewed the Montana law 45-5-624(10), which suggests that individuals... View More

James L. Arrasmith
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answered on Jun 11, 2025

It’s completely understandable that something from years ago still weighs on you, especially when you tried to do the right thing at the time. Based on what you described, you may not have fully understood the protection provided under Montana Code 45-5-624(10). That law does include a limited... View More

1 Answer | Asked in Sexual Harassment, Employment Law, White Collar Crime and Criminal Law for Montana on
Q: How to address sexual violence threat and bribery by a coworker with past convictions?

My wife has been threatened with sexual violence by a coworker at her workplace, and the same individual has attempted to bribe her for more deals. We believe this coworker has a previous public conviction for a sexual/violent offense and possibly another for dangerous drug possession. Although she... View More

James L. Arrasmith
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answered on Jun 10, 2025

Your wife is in a very serious and dangerous situation, and you’re right to treat it with urgency. The first step she should take is to report the threats and bribery directly to HR in writing, keeping a copy for her own records. If she’s worried about retaliation, she can request that HR take... View More

1 Answer | Asked in Employment Law, Gov & Administrative Law and Criminal Law for Montana on
Q: Facing probation violation due to financial difficulties that hindered treatment class participation. What can I do?

I was terminated from my treatment classes due to financial difficulties after losing my job. Despite informing both my probation officer and counselor of my situation, neither took steps to notify the court or provide alternative options. Now, I am at risk of violating my probation. My probation... View More

James L. Arrasmith
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answered on May 15, 2025

First, it’s important to document the situation as clearly as possible. Keep any records of communication with your probation officer, counselor, and any other relevant parties about your financial difficulties and how they impacted your ability to attend treatment classes. This documentation can... View More

1 Answer | Asked in Criminal Law and Family Law for Montana on
Q: Can I plead no contest to child endangerment for a minor's party in MT?

I have a court appearance for charges of child endangerment and encouraging a house party without alcohol due to my child hosting a party with some alcohol present, unbeknownst to me. Police were involved, and this is my child's first incident. Can I plead no contest to the misdemeanor?

James L. Arrasmith
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answered on May 15, 2025

In Montana, you do have the option to plead “no contest” (nolo contendere) to a misdemeanor charge like child endangerment. This type of plea means you are not admitting guilt, but you are also not contesting the charges, and the court will treat it similarly to a guilty plea for sentencing... View More

1 Answer | Asked in Civil Litigation, Wrongful Death, Criminal Law and Personal Injury for Montana on
Q: Seeking legal assistance for son's suspicious death ruled as suicide, requesting case reopening due to various red flags.

I am seeking answers about my son's sudden and suspicious death on April 20, 2025. His death was quickly ruled a suicide without any autopsy, toxicology report, or thorough investigation. Key concerns include the lack of autopsy or toxicology tests, delayed discovery of the firearm, rapid... View More

James L. Arrasmith
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answered on May 14, 2025

What you’re going through is heartbreaking, and you have every right to demand answers. The sudden loss of a loved one is devastating enough, but when the circumstances are surrounded by red flags, unanswered questions, and what appears to be a rushed investigation, it leaves wounds that... View More

1 Answer | Asked in Federal Crimes, Identity Theft, Domestic Violence, Criminal Law and Consumer Law for Montana on
Q: Can I legally own a handgun after a felony conviction and expungement, with a permanent restraining order?

I was convicted of passing a bounced check for $1,500 over 12 years ago, and I pled guilty to a felony. Though I paid off the check before the court date, the judge decided on six months of unsupervised conditions without placing me on probation, and stated it would be expunged. I have no... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s important to clarify your legal status regarding firearm possession. Under federal law, individuals with felony convictions are generally prohibited from owning firearms, even if the conviction has been expunged. However, in some cases, you may be able to regain the right to possess firearms... View More

1 Answer | Asked in International Law, Native American Law, Constitutional Law, Federal Crimes, Civil Litigation and Criminal Law for Montana on
Q: Did FBI violate legal rights during tribal arrest on Montana tribal lands without valid federal warrant?

I have a question regarding the legality of FBI agents supervising and executing tribal arrest and search warrants on tribal lands for an enrolled tribal member during a federal drug crime investigation. No federal warrant was signed or valid at the time, and the defendant contends this made the... View More

James L. Arrasmith
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answered on Apr 8, 2025

The FBI's actions could potentially violate the defendant's legal rights if they acted beyond their jurisdiction. Under Rule 41(a) of the Federal Rules of Criminal Procedure, federal authorities typically require a valid federal warrant to search or seize property on tribal lands. If no... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Montana on
Q: Can charges be dismissed due to search with invalid warrants?

I was walking home on a busy street in the afternoon when officers accused me of loitering. I did not consent to a search, but the officers tackled me and pinned me to the ground, claiming later that I had two bench warrants. However, these warrants were issued by mistake and were quashed due to... View More

James L. Arrasmith
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answered on Apr 7, 2025

The charges in this situation could potentially be challenged based on the Fourth Amendment violation. If the officers did not have a valid warrant or probable cause to search you, any evidence found during the search might be considered inadmissible in court. The fact that the bench warrants were... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Montana on
Q: So if I have a pending revocation of suspended hearing sentence but discharge my sentence can I still sign my papers

Discharge date 12/25/24 revocation hearing Jan 27,25

James L. Arrasmith
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answered on Jan 7, 2025

Your situation involves some important timing considerations regarding your discharge date and pending hearing. Since your discharge date (December 25, 2024) comes before the revocation hearing (January 27, 2025), this could impact your ability to sign papers.

Legal rights and obligations... 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
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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 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

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... View More

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