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Timothy N. Baldwin

Timothy Baldwin’s Answers

257 total


  • I have been charged with theft, felony. My attorney told me to take the plea of deferred sentence. Am I being coerced?

    My lawyer has gotten no discovery, and just informed me that we have a trail in 6 days.

    Timothy’s Answer

    Getting an offer for a deferred sentence can many several things. 1) the case against you is weak; 2) you have little criminal history and the prosecutor is willing to cut you a break, or 3) the prosecutor excepts you to fail on probation and is baiting you to get on probation so that when you violate probation, the judge can re-sentence you to something harsher. On a percentage basis, I normally advise my clients to accept a deferred sentence when I believe my client can successfully complete probation. However, there are pitfalls. For example, if you do violate the terms of probation, the court can sentence you to anything that was suspended. Typically, the court will revoke the deferred and sentence you to a suspended sentence. If you were to violate the suspended sentence, the court can re-sentence you further. For some people, it is an endless cycle of staying on probation and thus, the State perpetually controls your life. It's not always the best situation. If you have not received discovery, you should review it before making a decision. Sometimes, lazy attorneys will forgo looking for defenses when the prosecutor has offered a deferred, but watch out: this could mean you have a really good defense, and the prosecutor knows it.

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  • I got an MIP last night, I have the option to pay online but I was wondering if I pay online will I still get community service

    First offense

    Timothy’s Answer

    You should consult with an attorney first. He or she will know if you have any defenses. If there are no defenses and you feel you should plead, you should attempt to find out what the consequences will be before pleading.

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  • How long do they have to put a pfo on a person after being charged what is time limits

    Was told it was 20 days after being charged in mt

    Timothy’s Answer

    Section 46-13-108, MCA answers your question, which states: (1) Except for good cause shown, if the prosecution seeks treatment of the accused as a persistent felony offender, notice of that fact must be given at or before the omnibus hearing pursuant to 46-13-110.

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  • I need an attorney please help

    I was wrongly accused of theft at work for using tools from our shop. Our tools are all provided. I had an accident the same morning this happened. My employer said i stole tools that morning that were put on his work truck. I have worked her...

    Timothy’s Answer

    Retain a criminal defense attorney and don't talk about the facts of your case or make any statements to anyone except your attorney. If you cannot afford an attorney, the Court will appoint you one.

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  • I live in Montana and I was charged with domestic violencec18 years ago how do I get my gun rights back

    I have never been in any other trouble

    Timothy’s Answer

    In Montana, your rights are restored automatically once you served your sentence if you were convicted. Federal law is not so considerate of your rights. You lose firearm rights under 18 USC 922 on certain convictions. If you have more questions about this, you should contact an attorney who practices in this area of law.

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  • Was I falsely arrested?

    I was arrested for contempt of court having NEVER been in court. My father and I have a corp. He was asked a question about his trust and chose not to answer based on not having an atty. I was asked to appear in court and before I could respond...

    Timothy’s Answer

    Case for what? Wrongful arrest? Explain what your goals are more specifically.

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  • If the judge made a mistake during my initial hearing regarding the citation for speeding, is it possible I could be acquitted?

    I was pulled over for going 39 in a 30. At my hearing the judge said I had been cited for going 34 in a 30. Also there is a recording of the field sobriety test in which I neither stumbled nor wavered. I am ironically starting law school in thr...

    Timothy’s Answer

    Talk to a criminal defense attorney.

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  • Who can search my house while on probation, the PO or the officer. I was told the officer was just to watch, it was the PO job?

    I am on probation and the PO and a few officers came to my house to perform a search. I was under the impression the the officers were not to perform the search, it was the POs job. Is that correct?? If the PO does a UA is he required to show m...

    Timothy’s Answer

    The issue really isn't which officer searched, but was the search itself legal. You may have grounds to file a motion to suppress for any evidence ANY officer obtains in violation of your right to be free from unreasonable searches and seizures. If your PO tests your urine, you do not have a right to know the results unless he intends to use it against you. You will know that in time. Your PO can restrict certain people you associate with. For example, if you were convicted of possessing child porn, he can restrict your association with minors, etc. The restriction, however, cannot be arbitrary. Sounds like you need an attorney if you have this many questions and issues arising from your probation.

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  • As a manager am I responsible for an associate selling alcohol to a minor? He had basic e learning ,

    He had basic else arming. Signed memos regarding stings. Bypassed prompts on register Am I in any way responsible for his infraction?

    Timothy’s Answer

    Under criminal or civil law? Under criminal law, you must knowingly sell alcohol to a minor to be held liable. But under civil law, you could be held liable for a minor's injuries if you did not correct an associate's selling alcohol to a minor when you had the responsibility to do so.

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  • Is it legal for a probation officer to NOT notify "his" client of change in probation officer

    My son has been on probation for almost 3 years had the same probation officer. but has been hard to contact when needed. 2 months ago he tried to contact HIS po to no avaail so I went in to the po office and they informed me that his po is no lo...

    Timothy’s Answer

    The State must prove that he violated the terms of his probation willfully. If your son attempted to contact his PO and his PO did not inform your son of his leaving the officer, this sounds like a factual defense. Having handled these cases for a long time, I am certain the State will attempt to rebut such a claim from your son. Your son needs a criminal defense attorney.

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