Skip to main content
Timothy N. Baldwin

Timothy Baldwin’s Answers

263 total


  • Can I leave the state while on misdemeanor probation and not return ever?

    I was sentenced to 2 years of supervised probation and 2 years of unsupervised probation for possession of weed and drug paraphernalia. My family is planning on moving soon to a different state and my probation officer said I could go just as long...

    Timothy’s Answer

    Your sentence conditions and terms control. If you have no travel restrictions, then there is nothing holding you in Montana. However, you have to maintain in compliance with your probation officer's directions within the scope of the sentence order. Too, there may be hearings you have required to attend to have your sentence discharged, such as showing compliance with this or that. Talk to your probation officer about your plans and get it approved to avoid any confusion or unnecessary contests. Also, if you are not represented, consider hiring an attorney to get an order releasing you from probation or from any travel restrictions.

    See question 
  • How can we file charges for the crimes committed and can we sue them as well as the city for ignorance of the law?

    My family and I live in a mobile home park and have been harassed by our next door neighbors for months.We've called the law over 30 times and their response is, "It's a civil matter." Even when our fence was vandalized! REALLY!!!!! After months o...

    Timothy’s Answer

    You can't file a criminal action, because you do not represent the sovereign power of the state of Montana--only the executive branch of the state can prosecute under criminal laws. Regarding a civil suit against the government, such as you are suggesting, this may or may not be viable--it depends on the facts. The executive branch has much discretion in how they respond to complaints. There are actions against government for certain torts, but those kinds of cases are very difficult. For most attorneys who handle those kinds of cases, they would want to see high damages suffered to make it worth the work if they are retained on a contingency basis.

    See question 
  • Can my probation be revoked only on the basis of my hospitalization?

    I am feeling very depressed and have recently felt suicidal. I am fearful of going to the hospital as I am on probation. I am not allowed to drink and I do not drink. I follow all of my restrictions to a tee but I am still fearful that i will get ...

    Timothy’s Answer

    Seeking medical services cannot be a violation of your probation. What condition of the court's order could ever be construed to prevent you from doing that? Now, if you seek treatment and reports reveal that you ingested controlled substances or alcohol without a Rx, then that can be used against you. Statements you make to medical staff can also be used against you. If you have specific facts that you need to consult with an attorney about, then find your attorney and get a consultation.

    See question 
  • I live in montana on probation. Failed 5 drug test. I am now in classes complying 100% but my po revoked my probltion.

    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 ...

    Timothy’s Answer

    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 
  • How should I plea, and what is going to happen in court?

    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...

    Timothy’s Answer

    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 
  • Is this a legal traffic stop?

    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...

    Timothy’s Answer

    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 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question