Montana Criminal Defense Legal Questions

When someone calls the police about a domestic violence incident, officers typically respond by interviewing both parties involved. They assess the situation to determine who was the physical aggressor, who hit whom or who put their hands on the other person and whether there is physical evidence of assault. Once they identify the aggressor, that individual is arrested for committing battery. The police don't simply issue a warning and leave. Even if the victim later chooses not to testify, the prosecution can still proceed based on the initial statement given to law enforcement. In many cases, that statement alone is enough to support charges.... Read Answer

Well, you may have a defense to a collection action by BoA. I think they should not have permitted anyone but you to use the card without a written authorization from you but after a few months, they could reasonably assume that you reviewed the monthly statements, saw the charges, and if you any objection, you would have raised hell months ago. Good Luck.... Read Answer

Unless it is a statutory rape case where there can be no consent, the prosecutor must prove that you penetrated her vagina even a slight amount against her will and without consent. If you claim that she consented and made a false rape allegation out of anger, revenge, or spite to get even for some perceived wrong then it is your word against hers. If there is evidence of bruises, torn clothing, a struggle, injuries to the vagina, semen on clothes, blood on the sheets or clothes, or an immediate reporting then that is additional evidence the jury can consider. If you drove her home and she did not report it for a week the prosecutor will tell her to say she was afraid of you or too embarrassed to report it. If you broke up with her a week later and then she made the allegation that is proof that it is a lie to get even with you.... Read Answer

There are many facts and circumstances that will be relevant on the consent issue. If you were dating her, slept with her before, she agreed to kiss and fool around but said initially said no to sex only to be persuaded that is not rape. If there is no evidence of a struggle, no torn clothes, blood, bruises, or damage to the vagina that would look like consensual sex. If she ran out of the house, immediately reported it, screamed and struggled, has any bruises, and had not slept with the man before that looks like rape. If she is a girlfriend who gets dumped or discovers her boyfriend is cheating and then goes to the police as an act of revenge it will look like a false accusation. You should retain a good criminal lawyer since rape is a very serious crime and you will face a long prison term if convicted. If it is a stranger that you met or abducted and they have your DNA you will usually be convicted.... Read Answer

Probably. The act of slamming his books on the floor could be interpreted as exhibiting the potential for an act of violence. Handcuffs restrain a person without injury and allow the arresting officer to take control. As for the taunting, ask for a face-to-face meeting with you, the teacher and a school administration official to calm the situation down and get it to stop (no accusations or raised voices)... Read Answer

  In general, lawyers have completed four years of college and three years of law school. Some prosecutor offices hire recent law school graduates, others do not. Beginning salaries vary depending on the jurisdiction. Depending on the state, there may be local, county, state and federal prosecutor offices. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read Answer