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Montana Criminal Law Questions & Answers

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 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 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 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... Read more »

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... Read more »

1 Answer | Asked in Criminal Law and Personal Injury for Montana on

Q: Can you assault someone if they haze you?.

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 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 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 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 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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