I just put in a not guilty plea for my felony distribution of Marijuana charge and my misdemeanor paraphernalia charge, I was assigned a public defender for my not guilty plea, but now I'm being told there is conflict in my case and they are assig...
If you cannot afford an attorney, the Court will appoint the public defender office. They will review your case to ensure no conflict of interest exists. A conflict exists where they represent a co-defendant or a person who has an adverse interest against you. If they do, they will assign the case out of the office to the Conflict Office. This is a completely separate system of attorneys. The way it works is that private attorneys enter into a contract with the public defender office wherein they agree to charge a low rate to the State of Montana for their services. They have to submit their billing to the State for approval each month and get approval for cost expenditures. Some of these attorneys are heavily involved in the Conflict system (meaning, they take a large number of conflict cases), and others are not (meaning, they take a small number of cases).
As for your going to jail, that question needs to be answered by your actual attorney.
Lastly, do not discuss the facts of the case with anyone except your attorney. Anything you say will be used against you.See question
I was told I won a sports board for $50, Later I was contacted by the bartender It was not me that won so I returned the money to them. Now they told me I could not come back in or I would be charged with criminal trespass---is this possiable?
You can be told by the owner or the owner's agent not to return to his private property. If you did, you would be committing the crime of criminal trespass and could be charged. The owner (as a business) cannot trespass warn you based on a protected class, such as your race, religion, ethnicity, disability, etc. Otherwise, you cannot enter the property.See question
I have court coming up for misdemeanor theft in the state of Montana. The stolen goods were worth $40. It would help me out if I knew what I was looking at as far as punishment.
In all likelihood, you would qualify for a deferred sentence (where your case is dismissed after the deferment), with a potential fine and restitution to the victim. However, you may have defenses, so before pleading guilty, you should consider consulting with an attorney. If you cannot afford one, the court will appoint the public defender to represent you.See question
I lived in a house with three other people the police came in with search warrant found some drugs in a hole in my ceiling in my room but never arrested me or anyone who lived there and then put out a warrant a year and a half later for drug posse...
Statute of limitations allows the prosecutor to file within that time period. However, there is a defense available for delay in prosecution where the delay has caused you prejudice. Prejudice may occur where you lost exculpatory evidence that would have existed had they prosecuted you timely. It could also occur where the prosecutor knows about evidence that could assist you but was destroyed or lost due to the delay. This would include witnesses that could have testified on your innocence or the government's violation of your rights. In short, it's not an easy issue to determine necessarily, but it is one worth pursuing to help defend you.See question
My husband is a convicted sexual offender and isnt allowed to own a gun but I have guns. Can I keep them on our property in a locked gun safe where he cannot get access to them without a key? We own our home with his and my name both on the property.
While you may have lawful possession, you may be setting your husband up for prosecution. Prosecutors can argue that he had "constructive possession," meaning knowledge and control over the guns. That you are married will not help his defense in all likelihood. You should protect him and keep the guns away from his possession and control.See question
Highway patrol trying to ruin my life.!!! Judge advised I'd plead not guilty to all charges. It was speeding, 2 marijuana ones, an open alcohol in the car, and and MIP. I'm 20 years old. He even called my boss to tell him about my misdemeanor c...
You should have pled not guilty. Now is the time to get an attorney to represent you. You may have defenses, but your attorney needs an opportunity to review discovery (i.e. the evidence) to explore defenses, potentially a plea agreement, and possibly a trial.See question
I qas recently pulled over by montana highway patrolman on billings because he said my tow ball blocked part of my licence plate. It is placed in its designated spot on my gmc jimmy. What do i do. I have had my vehicle for 1 year without being pul...
I have handled cases before where this was an issue. The courts, including the MT S CT, are very liberal when it comes to the statute that police use to stop you for not being to clear see the letters-numbers on the plate. As long as police testify that they couldn't see a portion of the plate, I never never seen a court rule the stop unconstitutional. In reality, I believe police use this as a pretext to stop people, but the law is not good for citizens in this regard. However, each case is different, and the facts of your case may warrant a challenge to the stop. But you would likely need an attorney to represent you to be successful on a motion to suppress and dismiss.See question
I bought a bottle of vodka at about 9am, i was found blacked out at around noon in a parking lot right down the street. I did not drink anything untill i was in the parking lot. I was not charged with anything at the time but they did pass it u...
First, you should not make statements that can incriminate you. Second, in my experience, police and prosecutors can charge you whenever they feel like it. You have no control over this. If they believe they have probable cause and want to file action, they can. Lastly, as for DUI charges, they are liberally charged, so you should consider looking for a criminal defense attorney.See question
My son was at a park in Hamilton MT. when police arrested him for his first DUI. My son gave them permission to search it. They decided to impound it for further searching. It's been over 3 months now and they refuse to release his car and cell ph...
A search warrant must be served within 10 days of issuance. See http://leg.mt.gov/bills/mca/46/5/46-5-225.htm. If not, the warrant is void. After they search the vehicle, they must identify and list all evidence seized and file with the court. If the car itself is not to be used as evidence, it should be returned to the owner. If the State does not return the vehicle, the owner can petition the court for return of the vehicle. The State will have the burden of showing why they have need of the vehicle. Chances are, the vehicle does not need to be held in evidence. However, there are other issues to consider, such as: the State may want the driver or owner to sign a statement admitting ownership or control and all the things inside the vehicle. This could be a trap, because if they found illegal substances or articles. So, if police have you sign a statement that the vehicle and all its contents are yours but you do not know if police found something illegal in the vehicle, you could be signing an admission unknown to you. You should consult with an attorney about the case to protect yourself.See question