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...
Criminal Law
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...
Missoula County bars start selling ‘breathalyzers’ — could they be evidence of DUI?
A new effort to prevent drinking and driving in Missoula County raises interesting questions about DUI breath tests and their accuracy. Several bars in the county will soon start selling devices to customers that will supposedly let them test their blood-alcohol...
What rights can I restore after a felony charge?
The founding fathers of the US enshrined 2nd Amendment rights when they created the Constitution and the Bill of Rights. However, there are still some limits in place regarding who the government allows to own a gun and who cannot. One of the most common ways to lose...
What should I know about concealed carry laws in Montana?
All American citizens have the right to protect themselves with a firearm. When it comes to the concealed carry of weapons, you are also afforded rights in Montana. However, the state requires you to take certain steps before you are permitted to conceal a weapon on...
What is the difference between assault and battery?
It is very common to hear a particular phrase on law-based television shows or movies: “You’re under arrest for assault and battery.” Many people erroneously believe that these are the exact same thing or a three word phrase for a singular charge. In reality, there...
What are the effects of a domestic violence arrest in Montana?
If you are an upstanding citizen, you likely thought there would never be a reason you would receive domestic violence charges. Yet, you might have gotten into a spat with your spouse or partner, and they decided to call the police on you. Regardless of your actions,...
What are Montana’s drug schedules?
You should treat any criminal charge that law enforcement authorities in Montana bring against you seriously. A conviction for a criminal offense can affect your public standing for years to come, making it difficult for you to work in certain fields, secure housing,...
What is the castle doctrine?
In Montana, your home is your castle. Consequently, you have the right to use force, even deadly force, if necessary, to protect yourself and your home against intruders. FindLaw explains that today’s so-called castle doctrine derives from English common law that...
