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Timothy N. Baldwin

Timothy Baldwin’s Answers

274 total


  • I was accused of shoplifting on multiple occasions, and informed the business had video evidence.

    I was accused today of shoplifting, of stealing food from a local grocery store on multiple occasions, but I hadn't stolen anything on that occasion. I was detained and instructed to wait for police to arrive, at which time they took my personal i...

    Timothy’s Answer

    First, all statements you make on this forum can be used against you. Do not make any statements. Second, you need an attorney if you are facing criminal charges. Do not do this alone. Third, theft of good under $1,500 in Montana is a misdemeanor. (See http://leg.mt.gov/bills/mca/45/6/45-6-301.htm). From your description, there could be multiple misdemeanor charges on separate occasions. Or under subsection (9) of the statute I hyperlinked, it is possible that the prosecutor could aggregate the stolen amounts under a "common scheme" allegation, and if that aggregate amounts over $1,500, it could be charged as a felony. It says, " (9) Amounts involved in thefts committed pursuant to a common scheme or the same transaction, whether from the same person or several persons, may be aggregated in determining the value of the property."

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  • Can I file a discrimination complaint with the state?

    I was employed by Tumbleweed, however contracted to work in the schools. I lost my position at the school due to the principle at that school requesting that I not work there anymore. This was due to my health disability, where I needed to be of...

    Timothy’s Answer

    If you signed a release of all claims, then it is very unlikely that you would be able to file a complaint against the employer without the employer moving to dismiss the complaint based on your release. If you feel you need to file a complaint with Human Rights, here is the website: http://erd.dli.mt.gov/human-rights/filing-a-complaint

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  • How long does it take for county attorney to pick up charges?

    My husband and I got in an argument that got out of hand on both sides. We are going through a lot. We just lost his grandma and I also had a miscarriage. We don't usually fight. He left so out of anger I called the cops and over exaggerated the ...

    Timothy’s Answer

    If the City Attorney has the case, they will look at the police reports to determine if they want to file charges. If so, they will file a criminal complaint and an arrest warrant will be issued for his arrest. There is no specific time that this would happen. It depends on the city attorney handling the review and case. Your husband should seek consultation of a criminal defense attorney. Also, you and he need to know that statements you make on this website can be used against him at trial. Any defense attorney would advise him not to speak to anyone about this case except his attorney.

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  • Preliminary Injunction to prevent Landlord from selling property pending litigation.

    Our lawsuit was filed against the landlord last week and he had called stating that he decided to sell the property, however we feel that he is attempting to sell the property in order to avoid judgment based upon the suit we filed for breech of w...

    Timothy’s Answer

    The elements of obtaining a preliminary injunction follow:

    An injunction order may be granted in the following cases:

    (1) when it appears that the applicant is entitled to the relief demanded and the relief or any part of the relief consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually;
    (2) when it appears that the commission or continuance of some act during the litigation would produce a great or irreparable injury to the applicant;
    (3) when it appears during the litigation that the adverse party is doing or threatens or is about to do or is procuring or suffering to be done some act in violation of the [3] applicant's rights, respecting the subject of the action, and tending to render the judgment ineffectual;
    (4) when it appears that the adverse party, during the pendency of the action, threatens or is about to remove or to dispose of the adverse party's property with intent to defraud the applicant, an injunction order may be granted to restrain the removal or disposition;
    (5) when it appears that the applicant has applied for an order under the provisions of 40-4-121 or an order of protection under Title 40, chapter 15.

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  • What kind of advice can you give me. These charges are an absolute fabrication. Not to mention the cops using corrosion.

    Ok so on April 19th my girlfriend and I had an argument. We got loud but it was not a physical confrontation by any means. I should also state that on April the 6th I was jumped by 2 men and my nose and orbital bone where broken. So back to what I...

    Timothy’s Answer

    Here's the really short answer: hire a defense attorney or get the court to appoint the public defender if you cannot afford to hire. In any criminal case, you do not want to represent yourself. As in all legal situations, the facts control the outcome. You need an attorney who knows the law and how to navigate and investigate the facts to reach the best outcome for you.

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  • What kind of Legal action do I take

    how do I get my security deposit back from a rental when the landlord states. I do not give deposits back because I rent to High Risk people and this is a rental experience not like any you have had before????? I am a good housekeeper and have go...

    Timothy’s Answer

    The landlord cannot hold a security deposit without making a written claim for damages beyond normal wear and tear within 30 days from the termination date or date of surrender. The landlord must give the tenant a list of cleaning charges and allow the tenant to clean the house before charging the security deposit. If a landlord fails to provide the departing tenant a written list of damage and cleaning charges, he forfeits the right to withhold any portion of the security deposit for the damages and cleaning charges to the subsequent tenant. If a landlord wrongfully withholds a security deposit, the tenant has a claim for damages equal to the sum determined to be wrongfully withheld and the tenant may be awarded attorney's fees and costs if she prevails. The burden of proof of damages caused by the tenant is on the landlord. The tenant does not have a cause of action against the landlord prior to:

    1. the tenant's receipt from the landlord or the landlord's agent of a written denial of the sum alleged to be wrongfully detained;
    2. the expiration of a 30-day period after the termination of a tenancy;
    3. the expiration of a 30-day period after surrender and acceptance of the leasehold premises; or
    4. the expiration of a 10-day period after the landlord has indicated there were no damages to the premises, no cleaning was required, no rent was unpaid, and no utilities were unpaid by the tenant.

    You should contact an attorney if you think the landlord may have wrongfully withheld the security deposit.

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  • While Im collecting UI benefits, job attached, can my employer replace me, not tell me, and not hire me back?

    Full time employee, laid off due to lack of work and collecting UI

    Timothy’s Answer

    In Montana, your employer cannot terminate you without good cause, meaning a legitimate business reason; and cannot terminate you against the written personnel police and against public policy. See Section 39-2-904, MCA. You also have a right to demand a written explanation for the reason of termination. See Section 39-2-801, MCA. If you think you have been terminated wrongfully, you should consult an attorney.

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  • What are my rights and is this legal ?

    I went in to my place of employment and one of my co workers showed me that I had been taken off of the already posted work schedule ...I left messages and texts to my employer with no response or explanation.

    Timothy’s Answer

    The terms of your employment control, and if you have an employee handbook refer to those terms. If your employer is not responding to your messages, consider submitting a formal inquiry or complaint regarding your matter and request a formal response.

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  • Can a p.o give a probationer 90 days to pay off all of their restitution when they have 10 months left on probation?

    Problems with a probation officer

    Timothy’s Answer

    First, look at the sentencing order. The judge could have given a deadline to pay restitution. If not, the PO can give you a deadline, but if you are unable to pay the entire amount by that time, you cannot be revoked unless they can prove you willfully refused to pay. The courts want restitution paid, so if you need more time, courts typically grant more time to get the victim paid.

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  • Can they legally put me on GPS or is this violating my constitutional rights?

    I have not been convicted of any crime.

    Timothy’s Answer

    Since you have not been convicted and you say, I presume, the court has imposed an order that you wear a GPS monitor, that must be a release condition. Courts can impose reasonable conditions upon your posting bond or being released on your own recognizance. This has to be determined on a case-by-case basis. For example, the MT S CT has upheld the release condition of 24/7 program, stating, "In evaluating the constitutionality of conditions or restrictions of pretrial detention that implicate only the protection against deprivation of liberty without due process of law, we think that the proper inquiry is whether those conditions amount to punishment of the detainee." State v. Spady, 2015 MT 218, P33 (Mont. 2015). You should contact an attorney to see if you can have the condition amended.

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