Montana Criminal Law Questions & Answers

Q: I’m looking to obtain a lawyer to handle anything that might eventually come up.

1 Answer | Asked in Criminal Law, Personal Injury, Traffic Tickets and Civil Rights for Montana on
Answered on May 22, 2018
Peter Munsing's answer
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 who concentrates in that area. A small firm may be better for you. They should be attorneys in the counties where you expect to run into issues.

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

1 Answer | Asked in Criminal Law and Personal Injury for Montana on
Answered on Feb 12, 2016
Adam Studnicki's answer
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 consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your earliest...

Q: Does a person have to attend sentencing after being convicted of a del murder crime

1 Answer | Asked in Criminal Law for Montana on
Answered on Nov 6, 2015
Robert Jason De Groot's answer
Yes, the defendant who has been convicted must be present for sentencing.

Q: I am residing in montana. A police officer tried to serve me a subpoena over facebook...

2 Answers | Asked in Criminal Law for Montana on
Answered on Oct 22, 2015
Robert Jason De Groot's answer
Service of process must be done in person, not on facebook. You will have to see a local attorney about the other matters you raised, as well as this one.

Q: Vermont resident, looking to buy a gun in Montana privately, from a Montana resident.

1 Answer | Asked in Criminal Law for Montana on
Answered on Sep 2, 2015
Robert Jason De Groot's answer
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.

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

1 Answer | Asked in Criminal Law for Montana on
Answered on Apr 14, 2015
Bradley Jay Jones' answer
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.

Q: In the criminal justice system does the burdon of proof fall on the defense attorney?

1 Answer | Asked in Criminal Law for Montana on
Answered on Apr 10, 2015
Bradley Jay Jones' answer
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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