I been working and staying clean but when i went to jail i lost my job that could take care of me. Houseing fines ect.. And the po knows it but he this but still revoked me. This is my first time on probation. He saids he wants me in rehab and 6 ...
First, do not make admissions online. Second, make sure you have a defense attorney you trust. Third, if your PO filed a report of violation with the county attorney, the prosecutor will make the ultimate decision of whether to file a petition to revoke. If he or she does, you'll have to enter a denial or admission to the allegations in court. If you deny, the state has the burden of proof by preponderance of the evidence, and the court is your fact finder. Typically, in drug cases, the courts almost always rule against the alleged offender. You need to work with your attorney now to see if there is a deal that can be reached before a petition to revoke is filed.See question
I was caught driving without a license in the beginning of september. I plead not guilty, got appointed to a public defender, and he told me to go get my drivers license before the next court date and I could get the charged dropped. Well, I was c...
You need an attorney. There are many issues involved in those cases. There could be possible ways to get the case dismissed or evidence suppressed. Do not delay.See question
I was driving a vehicle that is not in my name and not insured in my name. I was coming home from work. I do not have a valid license. I understand that was wrong but can an officer pull me over and state it was only because he thought he recogniz...
It depends. The only way to know the answer is to get discovery from the prosecutor and likely to interview the officer. Contact a criminal defense attorney.See question
My lawyer has gotten no discovery, and just informed me that we have a trail in 6 days.
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.See question
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.See question
Was told it was 20 days after being charged in mt
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.See question
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...
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.See question
I have never been in any other trouble
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.See question
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...
Case for what? Wrongful arrest? Explain what your goals are more specifically.See question
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...
Talk to a criminal defense attorney.See question