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Timothy K. Wenz

Timothy Wenz’s Answers

16 total


  • Does Montana allow for expungement?

    Thank you.

    Timothy’s Answer

    My understanding is that the Supreme Court (I cannot remember the exact case) has stated ruled that you cannot expunge your record. There used to be a statute that allowed for a record to be expunged, however the legislature specifically voted to get rid of that statute. Therefore, the Court has ruled that, because the legislature removed that statute, it was their intent to not allow one to expunge their record.

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  • How can a (f) minor be charged with rape against a (m) adult?

    15 yr old girl uses the threat of blackmail (false rape) and suicide to make 36 yr old male allow her to perform sexual acts upon him, with him being in such duress that he doesn't fight back and is unable to perform to her liking to make it stop....

    Timothy’s Answer

    While the fact patter sounds remarkable, the argument could be made. However, it would be a very tough sell to a jury. Contact a local attorney.

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  • I recently got into some legal trouble but haven't been convicted and probably won't, but the media is making me the bad guy!

    I haven't been convicted of anything yet and my case could even possibly be dismissed, but the local news on tv and and even the news paper is basically making me look like the criminal and an instigator in this when this all started by me defendi...

    Timothy’s Answer

    Unfortunately for you, the media can say pretty much anything they want so long as they don't knowingly present false information. They are probably getting their information from the police department. The report probably isn't flattering if you have been charged. As for the case being dismissed, if there is not enough information to convict you, the prosecutor may well do that. I would recommend calling an experienced Criminal Defense Attorney in your area.

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  • In Montana, if the other 2 cdefendants in my case are found guily and they take a plea agreement before I go to trial...

    wouldnt that be part of mca codes 46-11-503 (2) (b) (i) and (iii), because based on the same transanction barred by formal prosecution, right?

    Timothy’s Answer

    Their cases are entirely different from yours. Their taking a plea has no bearing on your case.

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  • What is the minimum sentence for criminal trespassing to vehicle in the state of MT? Will I go to jail at my first appearance?

    I was blacked out drunk and dont know what all happened.

    Timothy’s Answer

    First, do not discuss the facts of this case on this website. There is no minimum sentence to the charge. The maximum is six months in the county jail and a $500.00 fine. You should contact an attorney as soon as possible.

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  • What is the average sentence for the first offense felony theft with a clean background other then driving offenses

    i was involved in a break in recently and am being charged for felony theft. even though i never went in the building but was at the scene

    Timothy’s Answer

    It all depends on the circumstances of the offense and what your involvement was. However, if you have no priors, you would be eligible for a deferred imposition of sentence. If your sentence is deferred, so long as you follow the rules of probation you will be placed on and have no violations, at the end of the period of deferment, the charge would be dismissed. You should consult an attorney for sure.

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  • What happens hen the Crown Prosecuter Appeals a judges decision to throw my case out?

    I went to court for a DUI charge, it was a two day trial. The police officer was using my blood work from an illegal search warrant (he hadn't taken the appropriate steps to obtain blood work from the hospital). So the judge threw my case out. I...

    Timothy’s Answer

    it sounds like your cases is in Canada. Contact an attorney there.

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  • How should I plead.

    Theft by stealing $200.00 of a $700.00 money order belonging to some one else.

    Timothy’s Answer

    Find a lawyer and discuss the facts of your case with them.

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  • My wife has been arrested falsely on felony theft charges of embezzlement....What can I do?

    Bail has been set at $20,000, we have no money. Is a court appointed attorney an option for an arraignment or bail hearing? Please help.

    Timothy’s Answer

    This answer may be a bit late, but when she makes her initial appearance in front of the Justice of the Peace she will be asked if she can afford an attorney. If she cannot, she will be conditionally appointed a public defender to handle her case. She will then have to fill out a form stating what your income and debts are. Assuming you have no money, she should qualify for public defender assistance.

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  • I have an ex who's boyfriend is emailing me porn of them, is that illegal? can i legally send it to her family to let them know?

    Shes 21, he is around 23-26. He thinks it is funny to send me videos of them doing sexually explicit things, and has sent me several videos. Is it illegal that he has been emailing me these videos? And, if I wished to show her parents (her mother ...

    Timothy’s Answer

    I agree with everyone else. If you feel it is necessary, contact law enforcement. Let them take it from there.

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