You probably realize that Montana law permits you to use physical force to defend yourself when someone else tries to hurt you. Despite what the name implies, however, self-defense law doesn't just protect you if you take actions to defend your own physical...
Criminal Law
Why there is no upside to performing field sobriety tests
Many drunk driving arrests begin when the officer requests the driver to perform several standardized tests. An earlier blog entry described these standardized tests that motorists who get stopped on suspicion of DUI are asked to take. Many drivers don’t realize that...
When can a driver challenge the legality of a traffic stop?
Police officers patrol the surface streets and highways of Montana o keep the public safe. By stopping those who clearly violate the law and either arresting or citing them, officers help reduce the number of traffic infractions and crashes that occur. Individuals...
What does it mean if your criminal charges are dismissed “with prejudice?”
Criminal cases -- particularly serious ones -- don’t get dismissed that often. But dismissals do happen. In rare instances, the prosecution may ask the court to dismiss a case (usually because they realize they don’t have enough evidence for a conviction). Almost all...
False allegations of domestic violence
If you are preparing for court due to allegations of domestic violence, you need to understand what is at stake. Aside from time behind bars, fines and damage to your reputation, you could lose the ability to spend time with your kids if you are a parent. Moreover,...
Penalties for the assault of a family member or partner
If you are facing assault charges, you need to understand the potential ways in which these charges could affect you. Aside from irreparable damage to your reputation, you could face harsh court-imposed penalties as well. Moreover, these cases are especially serious...
Your right to privacy against police searches depends on where you are
The Fourth Amendment to the Constitution states that "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated." This means that, in general, Missoula police and county...
Degree of force is a key element of a self-defense claim
Self-defense is often necessary when someone is under attack. However, a judge may rule against a self-defense claim under certain circumstances, even if there clearly was a violent attack. According to the Montana Code, people have the right to defend themselves and...
What are the consequences of DUI?
Driving under the influence of alcohol in Montana carries significant penalties due to the danger you can cause for yourself and other motorists on the road. Facing charges of DUI can impact your driving privileges, your career and your freedom. Knowing the...
Can I video a traffic stop?
There is a lot of misunderstanding about rights during a traffic stop. You may know your general rights, such as remaining silent. However, you may not understand your rights for taking a video of the stop. According to FindLaw, you have the right to video the...
