If I got a paraphernalia ticket in Montana and get my medical marijuana card do I still have to take the ACT Class?
Brian's answer
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Answered on September 27, 2018
MCA 45-10-108 was repealed in the last legislative session and the mandatory dangerous drugs information course (ACT satisfied this requirement) is...
I am being charged with burglary of an occupied dwelling it was a storage unit. Is that possible?
Brian's answer
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Answered on July 28, 2018
An occupied structure is an element of burglary MCA 45-6-204. Montana law defines occupied structure as
(47) "Occupied structure" means any...
My boyfriend was sentenced 15 to 30 years in prison in Montana where it's quarter time how long does he serve?
Brian's answer
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Answered on July 25, 2018
A person is eligible for nonmedical parole after they have served at least one-fourth of the full term of their sentence. MCA 46-23-201. Parole...
Will I get extradited from Oregon to Montana for felony drug charge?
Brian's answer
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Answered on August 02, 2017
The charge is pretty serious but it is impossible to tell you what might happen. If you are arrested in Oregon and held on the Montana warrant,...
Archived
Can a quashed warrent be reissued?
Brian's answer
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Answered on July 11, 2017
The Court could still issue a warrant - the same or modified amount. The Court does not lose the authority to issue a warrant simply because it...
Archived
How do I sue/or make them drop a ticket that had a court date&time that was the same THAT I GOT THE TICKETS.(lol no one showed)
Brian's answer
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Answered on November 16, 2016
If you want to increase your chances that someone will provide a helpful answer you are going to need to provide more details. There isn't enough...
Archived
Can the Supreme Court Sentencing Review overturn a PFO designation
Brian's answer
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Answered on October 08, 2016
The Sentence Review Division (SRD) will presume the District Court's decision is correct. MCA 46-18-904. The SRD may increase, decrease or leave...
Archived
What charge should be given for client? 2nd DUI or 5th DUI
Brian's answer
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Answered on September 18, 2016
Just because the he was charged, and presumably convicted of, a DUI offense charged as his first offense in 2010, doesn't mean that was in fact his...
Archived
What is the minimum or maximum penalty on a 4 shoplifting charge
Brian's answer
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Answered on September 18, 2016
Shoplifting is theft in Montana. (Montana needs a petty theft statute.) There is no separate offense.
The penalty for misdemeanor theft,...
Archived
How can i find attty willing to review my son's case as apppeals start now?
Brian's answer
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Answered on September 18, 2016
If your son had a public defender, he could get an appointed appellate defender. The appellate defenders are separate from the trial level...
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