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Montana Criminal Defense Legal Questions

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38 legal questions have been posted about criminal law by real users in Montana. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include theft, weapons charges, and death penalty. All topics and other states can be accessed in the dropdowns below.

Can ID theft be taken off someones criminal record?

Answered 14 years and 10 months ago by attorney Locke T. Clifford   |   18 Answers   |  Legal Topics: Criminal Defense
If he was convicted of felony ID theft, then no.
If he was convicted of felony ID theft, then no.

What is the statute of limitations for theft?

Answered 14 years and 10 months ago by attorney Locke T. Clifford   |   16 Answers   |  Legal Topics: Criminal Defense
There is no statute of limitations on a felony charge, which this may be, depending on the facts. The statute of limitations on a misdemeanor is two years.
There is no statute of limitations on a felony charge, which this may be, depending on the facts. The statute of limitations on a misdemeanor is two... Read More

Can I still be charged for substance not in my possession?

Answered 14 years and 10 months ago by attorney Locke T. Clifford   |   12 Answers   |  Legal Topics: Criminal Defense
1. Yes, under the Doctrine of Constructive Possession, one is deemed to be "in possession" of anything that they can readily access, even if it is not technically on their person or immediately under their control. Think of a gun found in a center console of a car. Both the driver and the front seat passenger will be deemed to be in possession of the gun, even though it isn't being touched by either party. 2. Generally speaking no, but if you are on probation, yes.... Read More
1. Yes, under the Doctrine of Constructive Possession, one is deemed to be "in possession" of anything that they can readily access, even if it... Read More

Are we breaking any statutory rape laws?

Answered 14 years and 10 months ago by Scott G. Hilderman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The age of consent in Montana is 16.
The age of consent in Montana is 16.

Will my state records be transferred to the federal prosecutors?

Answered 14 years and 11 months ago by Michael J Palumbo (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Criminal Defense
They are 2 separate records.
They are 2 separate records.

Can I get probation on a drug possession charge?

Answered 14 years and 11 months ago by Michael J Palumbo (Unclaimed Profile)   |   25 Answers   |  Legal Topics: Criminal Defense
The short answer is yes. The long answer is because the crime occurred in a motor vehicle, you need counsel well versed in traffic law. We can help you and can be reached toll free if you contact us.
The short answer is yes. The long answer is because the crime occurred in a motor vehicle, you need counsel well versed in traffic law. We can help... Read More

How far away do you have to keep a firearm from a schedule 1 narcotic?

Answered 15 years ago by Scott G. Hilderman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
They can be kept side-by-side so long as you have a prescription for the schedule I narcotic. If you don't have a prescription, then the question is whether the firearm was employed in the course of a drug trafficking crime; that is a fact based inquiry.
They can be kept side-by-side so long as you have a prescription for the schedule I narcotic. If you don't have a prescription, then the question is... Read More

Will I have to serve jail time for a felony warrant for issuing bad checks?

Answered 15 years and a month ago by Scott G. Hilderman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes, after you appear you or your attorney can negotiate a plea agreement that can keep you from jail and maybe keep you from having a felony conviction. It is plus for you that the business has already been paid back.
Yes, after you appear you or your attorney can negotiate a plea agreement that can keep you from jail and maybe keep you from having a felony... Read More

What do I do if I was told by a detective that there is a case against me?

Answered 15 years and 2 months ago by Scott G. Hilderman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You should consult an attorney as soon as possible to discuss your case and the best way to proceed. You should not discuss the matter with anyone except your attorney. This is especially important if the police attempt to discuss the facts with you. They aren't looking for your side of the case; rather, they are looking for you to give incriminating statements.... Read More
You should consult an attorney as soon as possible to discuss your case and the best way to proceed. You should not discuss the matter with anyone... Read More

If charges were dropped and new ones are filed, does the entire legal process start over again?

Answered 15 years and 2 months ago by Scott G. Hilderman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes, the U.S. Attorney likely dismissed the earlier case because they had some issues with their evidence, not enough, or they didn't want to disclose an on-going investigation; they needed to dismiss because of the speedy trial clock; once your friend was arrested or arraigned the clock started over again.... Read More
Yes, the U.S. Attorney likely dismissed the earlier case because they had some issues with their evidence, not enough, or they didn't want to... Read More

Can a felony assault charge in Montana be expunged?

Answered 15 years and 2 months ago by Scott G. Hilderman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
No, Montana has no provision for expunging any criminal records.
No, Montana has no provision for expunging any criminal records.

Can I go to court if I paid for a motorcycle but did not receive the title?

Answered 15 years and 3 months ago by Scott G. Hilderman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Yes. You have a claim for breach of contract.
Yes. You have a claim for breach of contract.

Do I need to answer YES or NO when asked Have you ever been convicted of a crime? (for misdemeanors)

Answered 15 years and 4 months ago by Scott G. Hilderman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The key word in your case is conviction. If you plead guilty, were found guilty or plead no contest and were sentenced then you have been convicted and if asked on an application whether you have ever been convicted of a crime you would need to answer yes. However, if you received a deferred sentence or a deferred prosecution and the case against you was discharged then you were not convicted because a person is only convicted when the sentence is final, that is when the sentencing has been done by the judge.... Read More
The key word in your case is conviction. If you plead guilty, were found guilty or plead no contest and were sentenced then you have been convicted... Read More
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