Brett D. Schandelson’s Answers

Brett D. Schandelson

Missoula DUI / DWI Attorney.

Contributor Level 8
  1. I filed for divorce but my husband evaded being served and fled to Argentina. What can I do now?

    Answered over 4 years ago.

    1. Brett D. Schandelson
    2. David Alexander Browde
    2 lawyer answers

    If you had filed pro se before, utilize the Montana Self-Help Resource Center at your County Courthouse, or contract www.mtlsa.org for assistance. If you had a lawyer, they should be aware of alternative ways to serve your spouse and move the dissolution forward. If not, you should seek alternative counsel.

    Selected as best answer

  2. What is the best way to get paraphernalia and drug charges dropped?

    Answered over 4 years ago.

    1. Brett D. Schandelson
    1 lawyer answer

    Depending on your criminal history and which Court you are in (if you are in Missoula, I'm betting Municipal Court) you would be eligible for a deferred sentence under Montana law, at a minimum as to the possession. A deferred sentence means that once you complete whatever conditions are imposed, the conviction would come off your record. There may be other was to get the charges directly dismissed or dropped by the prosecutor, depending on the facts. If you are not eligible for a public...

    1 person marked this answer as helpful

  3. What can be done if a lawyer fails to communicate with you and will not return your phone calls on an active case?

    Answered over 4 years ago.

    1. Brett D. Schandelson
    1 lawyer answer

    This is the most common complaint of lawyers - lack of communication. In order to move your case forward, you basically have two choices: 1) Try to work it out with current lawyer by continuing to contact him/her, leaving messages, and generally letting his or her staff know you're upset and would like to speak with the attorney. Usually making that effort will get your case back on the lawyer's radar so you can get an update or take whatever action needs to be taken. 2) Hire new...

    1 person marked this answer as helpful

  4. 14th amendment and correct charging section in Montana

    Answered over 4 years ago.

    1. Brett D. Schandelson
    2 lawyer answers

    If they fail to amend the complaint (ticket in this case), and you have a judge that is a lawyer (fairly unlikely in courts that hear traffic tickets, but possible), then you could attempt to move to dismiss. But I wouldn't expect it to be successful - entertaining, yes, but probably not successful. But sometimes that's just as good :)

    1 person marked this answer as helpful

  5. 14th amendment and correct charging section in Montana

    Answered over 4 years ago.

    1. Brett D. Schandelson
    2 lawyer answers

    1) Officer's discretion as to whether to cite or warn you, and retired public official is not a protected class sufficient to raise Equal Protection violations. It's not illegal to operate under a "double standard" unless that violates an individual's rights under Equal Protection or other law. It is odd, though, that he told you that, so perhaps something to raise a stink about, but you'd likely be unsuccessful in prevailing on those grounds. 2) The officer is alleging that you were...

    1 person marked this answer as helpful

  6. Do I have the right to get good-time credit for time served on house arrest ?

    Answered about 2 years ago.

    1. Mark Alan Mackin
    2. Brett D. Schandelson
    2 lawyer answers

    Under MCA 46-18-203 you would be entitled to receive credit for time served on home arrest as a result of a revocation, however, it appears that your home arrest was as a condition of bail, which you posted, not as commitment. Whether that is an important distinction or not would have to be answered by an attorney after a through review of your sentencing paperwork. However, in order to ensure you received credit, if proper, you would need to appeal your revocation and you only have a...

  7. Can we recieve court documates related to sentencing or the Clerk of recorder transcripts for free and where?

    Answered over 4 years ago.

    1. Brett D. Schandelson
    1 lawyer answer

    You can go to the Clerk of District Court and request to view the file, but depending on how long ago this was, there may be a fee involved. Ordering transcripts will almost certainly require a fee, and they can get quite costly. As to your final question, if he was tried as an adult, and not in youth court, then the limit on Court jurisdiction is the sentence he received, and not how old he is. If you have further questions, you should speak with a criminal defense attorney or the public...

  8. How do i get a court appointed attorney before actual arrest?

    Answered over 4 years ago.

    1. Brett D. Schandelson
    2. Johnny Ramirez Castaneda
    2 lawyer answers

    You cannot get court-appointed counsel until your initial appearance on the charge. At that time the Judge will appoint the Public Defender's Office if you ask for an attorney and cannot afford one. Between now and your initial appearance you should remain a law abiding citizen. If you received a PFMA but were not arrested and required to bond out, you might be able to remain at liberty while the case is going on, subject to conditions of release. Your first question is best left for your...

  9. I have a bench warrant for not appearing before judge

    Answered over 4 years ago.

    1. Brett D. Schandelson
    2. Johnny Ramirez Castaneda
    3. Peter J Tomao
    3 lawyer answers

    Since you say citation, I will assume this is a bench warrant out of a City/Municipal Court or a Justice Court. Provided you self-report to the court with an attorney, you will likely not head to jail, though obviously the facts of your case and the individual judge may change things. You should contact an attorney TODAY or ASAP to get in to see the judge, as it is always preferable to see a judge in person, and not over video or in orange.

  10. What if you found that the DUI Test video at the jail is tampered with? Do you file a USC 1983 civil suit?

    Answered over 4 years ago.

    1. Brett D. Schandelson
    2. William C. Head
    2 lawyer answers

    You need to deal with the criminal matter first and foremost. Focusing on whether you can sue the government is almost never going to help you in the criminal matter. These issues can and should be addressed in the criminal matter first, in an effort to get the case dismissed and/or to suppress evidence. Your public defender should be capable of raising these spoliation issues, and if not, then you should seek other counsel.