Timothy N. Baldwin’s Answers

Timothy N. Baldwin

Kalispell Criminal Defense Attorney.

Contributor Level 11
  1. Can a landlord garnish my wages or start a collection process againts me if I am making monthy payments to him?

    Answered about 2 years ago.

    1. Timothy N. Baldwin
    2. Dorothy G Bunce
    3. Michael Avanesian
    3 lawyer answers

    Depends. Did you enter into a written agreement to that effect? If so, then no. However, if he filed an action and served you but you did not answer, then he may have legal grounds.

    7 lawyers agreed with this answer

  2. Drug paraphernalia and possible DUI of marijuana, marijuana possession (less than 60 grams)?

    Answered over 1 year ago.

    1. Timothy N. Baldwin
    2. Solomon Neuhardt
    3. Derek Anthony Patrin
    4. Ethan Patrick Meaney
    4 lawyer answers

    If he is charged with a DUI, it is a bit more complicated. If this is his second drug offense, it is a bit more complicated. If it is his first drug offense, Montana law presumes that his sentence should be a deferred sentence. I recommend he find a criminal attorney to help him.

    6 lawyers agreed with this answer

  3. If your landlord agrees to let you out of a lease early and has another tenant lined up, can he keep your security deposit, plus

    Answered over 2 years ago.

    1. Timothy N. Baldwin
    2. Alan James Brinkmeier
    3. Michael Ryan Juarez
    3 lawyer answers

    The landlord can make claims on your deposit for past due rent and damages to the property or other monies owed under the contract. He has to make a claim on your deposit to that effect. If he does not follow proper procedure, you may have a claim against the landlord for return of your deposit. Once the landlord has another tenant sign the lease, you are relieved from any rent obligations.

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  4. My son passed away two years ago, and being his mother i just need to know if i have any rights to his personal belongings?

    Answered over 2 years ago.

    1. Timothy N. Baldwin
    2. Mark Alan Mackin
    3. James P. Frederick
    3 lawyer answers

    I am sorry to hear of your loss. If your son was emancipated, you do not have any rights to his property (per se). If he had a will, then the will must be probated. If he did not, then all his property passes to his wife. If he had children, then they would be next in line. You should contact a probate attorney if you feel you are entitled to any of the property.

    5 lawyers agreed with this answer

  5. Looking for any information or insight on "no knock" search warrants and the possible civil rights violations involved.

    Answered 10 months ago.

    1. Timothy N. Baldwin
    2. Jay Scott Finnecy
    3. Rixon Charles Rafter III
    4. Mary Catherine O'Neill
    4 lawyer answers

    There is no "accused" yet until an arrest is made. Constitutional rights of discovery and due process will not become ripe for claim until the government has made an actual arrest. If an arrest is made, the defendant will have rights to discovery, which will include affidavits for search warrant, warrants, statements, etc. If this person believes he is being targeted for investigation, he should obtain an attorney immediately.

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  6. I live in montana and i have pending drug charges will they show up on my background check

    Answered over 1 year ago.

    1. Timothy N. Baldwin
    2. Solomon Neuhardt
    2 lawyer answers

    The NCIC will show an arrest, but not a conviction at this time.

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  7. Can my landlord demand more money from me for rent after she aggreed to accept a goverment program to help me pay rent

    Answered about 2 years ago.

    1. Timothy N. Baldwin
    2. Mark Alan Mackin
    2 lawyer answers

    is there a written agreement? If so, the agreement tells you how much rent is unless you signed an addendum to raise the rent. If your lease is a verbal, month-to-month lease, they cannot raise rent until they terminate the month-to-month lease by giving you proper notice and then requiring a higher rent to enter into a new lease. The government aid agreement may also prevent the landlord from raising rent.

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  8. Is dui per se (1st offense) considered a minor traffic violation? This is in regards to a question on a college application

    Answered over 2 years ago.

    1. Timothy N. Baldwin
    2. Mark Alan Mackin
    3. Macy Michelle Jaggers
    3 lawyer answers

    It is a misdemeanor offense, so by legal definition it is "minor". However, I would disclose it if the nature of the question is trying to reveal what criminal record you have. If you are found later to have not disclosed what they think you should have, it could have worse consequences than if you would be open about it at the beginning. You may want to talk with someone in the administration on a more personal level about your matter.

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  9. How long after death does decomposition affect BAC ?

    Answered about 2 years ago.

    1. Timothy N. Baldwin
    2. Kevin Coluccio
    3. James Michael Roswold
    4. Christian K. Lassen II
    5. Sagi Shaked
    6. ···
    6 lawyer answers

    We offer free consultations on these matters. www.lernerlawmt.com. 406-756-9100. You need to consult an attorney.

    4 lawyers agreed with this answer

  10. What should I expect out of this? I am currently charged with felony assault with a weapon.

    Answered about 2 years ago.

    1. Timothy N. Baldwin
    2. James Regan
    3. Daniel Nelson Deasy
    3 lawyer answers

    Do not talk about the facts of your case. Anything you say can be used against you. You need consult with an attorney, and if you do not have one, either ask the court for the public defender or hire one. This is too serious of a charge not to be represented.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful