Contrary to popular belief, you don’t have to let the police into your home. If you find yourself in a position where they’re asking to come in, it’s a genuine question. You can tell them no if you would like. That does not give them the grounds to arrest you or cause...
Criminal Law
Why the chain of custody matters in drug cases
The process of collecting, storing, and transporting evidence before its presentation in court is known as the chain of custody. It is critical in criminal cases because it establishes the authenticity and reliability of the evidence, which can ultimately determine...
When must your Miranda rights be read?
Most people have heard the Miranda “warning” plenty of times on TV shows and in the movies, often as police are handcuffing them and taking them away. However, people aren’t always “Mirandized” at that point, and that’s not a violation of their rights. Everyone should...
3 mistakes to avoid when facing an assault charge
An assault charge carries high fines and imprisonment penalties. According to Montana law, purposely causing another person bodily injury constitutes an assault. Other situations that may lead to this charge are negligently causing bodily injury with a weapon,...
4 mistakes to avoid when charged with a DUI
Driving under the influence (DUI) of alcohol and other drugs is an offense in Montana. Anyone with a blood alcohol concentration of 0.08 or higher, 0.02 or more for drivers under 21 and 0.04 or higher for commercial drivers is legally intoxicated in the state. If your...
Was it really assault, or did you simply act in self-defense?
Not everyone who has been accused of assault is a hardened criminal. Some people who get arrested for assault in Montana are truly surprised to be charged with wrongdoing. While they don't deny that there may have been some kind of physical altercation, a defendant...
Can you defend your refusal to take the Breathalyzer test?
Not many experiences are as intimidating as being pulled over by the police. Add to this the suspicion that you might be driving under the influence of alcohol (DUI) and what begins as a regular traffic stop can turn out to be your worst nightmare. If you are stopped...
Potential reasons to challenge a DUI
You can be arrested on suspicion of impaired driving in a few different ways. One is if you fail a breath test, for example, while another is if you fail a field sobriety test. When the police believe that you are impaired and it hindered your ability to drive safely,...
Is it true that one DUI conviction will cost at least $10,000?
Have you ever seen those televised public service announcements indicating that a single DUI conviction typically costs about ten grand? Many believe this is an arbitrary figure meant to deter people from drinking and driving, but it has a factual basis. Getting...
What constitutes reasonable suspicion for a DUI traffic stop?
The last thing you want on your way home after a long day is for the police to pull you over on suspicion of driving while drunk. The penalties you may face if the traffic stop leads to a DUI conviction include fines, loss of driving privileges and a possible jail...