Stevenson Law OfficeFindLaw IM Template2024-03-21T12:28:49Zhttps://www.bigskylegal.com/feed/atom/WordPress/wp-content/uploads/sites/1100851/2019/09/cropped-site_icon-32x32.jpgOn Behalf of Stevenson Law Officehttps://www.bigskylegal.com/?p=498682024-03-21T12:28:49Z2024-03-21T12:28:49ZHow you can lose and restore gun rights
Federal law lays out clear restrictions. You cannot possess or purchase firearms if:
You've been convicted of a crime with a sentence exceeding one year.
You have a domestic violence conviction
You're found to have a serious mental health condition
You're in the U.S. unlawfully
You've received a dishonorable discharge from the Armed Forces
You've renounced your U.S. citizenship
You're under a restraining order for stalking, harassment or threats
Montana's gun laws also play a part, potentially restricting your rights even further. Subject to certain limited exceptions, you could encounter obstacles if you have a conviction for a crime involving a weapon or are currently required to register for the sexual or violent offender registry.
Nevertheless, the state may restore your rights automatically after you have completed your sentence or are free from state supervision, such as probation or parole. Otherwise, you may petition the local court to restore your rights. Wait times and restoration requirements may vary depending on the nature of your conviction.
When restoration isn't automatic
Even when you're in the clear according to Montana law, other factors can block your path to legally owning a firearm. This is where a knowledgeable attorney can be crucial. They're equipped to handle the hurdles of post-conviction gun ownership.
If you're committed to restoring your Second Amendment rights in Montana, an attorney can provide the support and guidance you need.]]>On Behalf of Stevenson Law Officehttps://www.bigskylegal.com/?p=498662024-03-08T15:55:54Z2024-03-08T15:55:54ZConsequences of a DUI for an out-of-state driver
If you're an out-of-state driver arrested for DUI in Montana, you may face immediate penalties such as arrest and vehicle impoundment – the exact same penalties faced by local drivers. DUI charges can lead to fines, potential jail time at the county where you were arrested, and a driver’s license suspension.
License suspension penalties can follow you back
In addition, Montana will report your conviction back to your home state under the Interstate Driver's License Compact. This means your home state could honor the penalties imposed on you, including your driver’s license suspension and any other restrictions placed.
To reinstate your driver’s license, a court may ask you to complete an alcohol treatment program. You must submit proof that you’ve completed the program to both Montana and your state’s Department of Motor Vehicles.
It can be intimidating to face DUI charges far from your home state. You may have to serve jail time in Montana, and your license suspension could follow you back home. However, you have the right to contest the charges against you. A legal professional experienced in DUI cases may be able to represent you in court and help you recognize your defense options.]]>On Behalf of Stevenson Law Officehttps://www.bigskylegal.com/?p=498642024-02-29T05:17:20Z2024-02-29T05:17:20ZWhen the officer had no reason to stop your vehicle
Routine traffic stops are illegal in Montana. An officer may only pull your vehicle over if they have reason to suspect that you or one of the vehicle occupants has committed, is committing or will commit a crime. They must immediately inform you why they stopped your vehicle. The reason they give must be observable and articulable, meaning it should be valid, not based on gut feeling or intuition. For example, an officer cannot stop a vehicle simply because the driver stepped out of an establishment that serves liquor. They can, however, pull you over if you are driving recklessly and violating traffic laws.
When the officer kept you longer than necessary
Suppose an officer pulled you over for a broken taillight or expired plates. In that case, their reason had nothing to do with you driving under the influence. They can request documentation, including your driver’s license and registration. While you reach for your license, keep your hands in plain view. Comply with the officer, but avoid answering questions that may give them reason to suspect you have been drinking. Ask the officer politely if you can leave. They cannot detain you for longer than necessary, which should be a reasonable amount of time for the initial traffic stop violation. Otherwise, it would be illegal seizure and detainment.
When the officer searches your vehicle without your consent
The officer may ask to search your vehicle, and you can politely refuse. They cannot force you to submit to a search unless they have a warrant or reasonable cause. Avoid giving them any by volunteering unnecessary information or behaving irrationally.
Remember, an officer cannot force you to answer questions and they cannot do anything that violates your rights. If they do, whatever evidence they obtain from the traffic stop can be inadmissible in court.]]>On Behalf of Stevenson Law Officehttps://www.bigskylegal.com/?p=498582024-02-28T22:19:20Z2024-02-28T22:19:20ZNowadays, social media platforms generally serve as extensions of people’s personal and public lives, cataloging the thoughts, activities and interactions of individuals of virtually all ages. Most of the time, this kind of engagement can help people to connect, demonstrate self-expression and participate in community life in ways that can be beneficial.
However, for defendants in criminal cases, it’s essential to understand that prosecutors may comb through their social media accounts as part of their investigations. And, depending on what they find, evidence rooted in social media activity can come back to bite a defendant.
What can social media yield to the prosecution?
Social media can offer a treasure trove of information that could be used to establish motives, behaviors, associations and even contradict statements made during a case. Prosecutors may look for direct evidence of a crime or information that can be linked to criminal activity on social media accounts. This could include photos, videos or posts depicting illegal activities, such as drug use, theft or any form of violence. Even seemingly innocent posts can be incriminating if they place the defendant at a specific location related to the crime or show possession of stolen items or illegal substances.Yet, this is not where prosecutorial “digging” is likely to end. For example, prosecutors may meticulously comb through social media for any content that contradicts a defendant’s statements to law enforcement or in court. For example, if a defendant claims not to know a particular individual but is tagged in photos with them, this could undermine their credibility. Additionally, social media can paint a vivid picture of a person’s character, lifestyle and behavior patterns. Prosecutors might look for posts that suggest a propensity for violence, recklessness or other traits relevant to the case. For instance, posts showing what could be considered reckless driving could be relevant in a DUI case or aggressive comments could be pertinent in cases involving violent crimes.Given the kinds of information that can be gleaned from social media, defendants should avoid social media until their cases have been resolved. If someone cannot stay off social media, perhaps for employment reasons, it’s vitally important to be thoughtful about posting and responding to content if they are under investigation or are facing charges. ]]>On Behalf of Stevenson Law Officehttps://www.bigskylegal.com/?p=498532024-02-16T11:09:50Z2024-02-16T11:09:50ZWhat’s the lookback period?
In Montana, the lookback period depends on the number of DUI offenses a person committed. It works like this:
First DUI offense: No lookback period, as there’s no prior DUI offense.However, if you have a previous DUI offense that occurred more than 10 years ago, your current offense may be treated as if it was your first again.
Second DUI offense: There’s a 10-year lookback period, so if your first offense occurred within the last 10 years, your current criminal charge becomes more severe.
Third and subsequent offenses: At this point, there’s no limitation to the lookback period. Regardless of how long ago your previous offenses are, they’ll enhance the penalties of your third and later DUIs.
The lookback period determines whether an offense is treated as a first-time DUI or a subsequent offense. However, once you hit your third DUI, the court will consider all your offenses across your lifetime in sentencing.
The consequences of prior DUIs
The existence of prior DUI offenses within the lookback period can elevate the charges against you. For instance, a first DUI violation is punishable by up to six months of jail and $1,000 in fines. However, if you have a previous offense on record, your second DUI violation can lead to up to a year in jail and $2,000 in fines.
It's vital for those with a history of DUIs to understand where they stand in relation to Montana's lookback period. If you're facing a new DUI charge and have previous offenses, you’ll need guidance on how your record affects your case. A legal professional may be able to provide this guidance on top of protecting your rights in court.]]>On Behalf of Stevenson Law Officehttps://www.bigskylegal.com/?p=498492024-02-02T09:39:26Z2024-02-02T09:39:26ZPossession inside a vehicle is not a criminal offense
According to Montana law, it’s an offense to possess marijuana, marijuana products or related paraphernalia inside the passenger area of a motor vehicle. However, it’s not a criminal offense.
Violators of the law face up to $100 in fines but no criminal charges.
What counts as the “passenger area” of a motor vehicle?
The passenger area of a vehicle is defined as the area designed to seat the driver and passengers while the vehicle is in operation. This includes any area with reach of any occupant. This means that for as long as the cannabis product is within reach of any vehicle occupant, they can face penalties for possession.
However, the law will make an exception for marijuana stored away through the following methods:
Cannabis that has been purchased from a dispensary that remains unopened in its original packaging
Stored in a locked glove box or similar other locked compartment
Stored in a motor vehicle trunk, truck bed or luggage compartment separate from the passenger area
Stored behind the last upright seat of a motor vehicle without a trunk
Stored in a closed container in a motor vehicle without a trunk away from any passengers
As long as the marijuana is stored like the above examples, drivers and passengers won’t violate any laws.
When can marijuana inside a vehicle lead to crime?
Using marijuana while driving can lead to a criminal offense, specifically driving under the influence (DUI). The substance can impair a driver's ability to control their vehicle, and officers will have reason to pull the vehicle over for a traffic stop. A conviction for a first-time DUI offense leads to up to six months of imprisonment and $1,000 in fines.
Similarly, Montana’s marijuana possession laws still apply. A driver found to have more than one ounce of cannabis can face criminal charges.
So, no – it’s not a crime to possess marijuana while inside a vehicle, but it’s still a punishable offense. Also, drivers and passengers can still face criminal charges for DUI or possession over one ounce. Consider consulting a legal professional to guide your case if you face either charge.]]>On Behalf of Stevenson Law Officehttps://www.bigskylegal.com/?p=498472024-01-23T13:28:15Z2024-01-23T13:28:15ZLegal consumption
Dos: Only those of legal age – 21 years and older – may legally consume recreational marijuana in Montana. While it’s perfectly all right for users to consume marijuana while within a private residence, it’s against the law to smoke it in public. Users must also only buy cannabis from licensed dispensaries.
Don’ts: It’s illegal to consume marijuana not just in public but also on federal lands such as national parks and forests. Smoking marijuana may also affect a person’s driving ability and could lead to a DUI charge.
Possession limits
Dos: Users should adhere to Montana’s legal possession limit of one ounce of marijuana or its equivalent.
Don’ts: You shouldn’t exceed the possession limit. Possessing more than one ounce can lead to $200 in civil fines or up to four hours of community service for a first violation.
Growing at home
Dos: Registered marijuana cardholders can possess and grow up to four mature cannabis plants on the grounds of their private residence as long as the plants are kept out of public view. Those without cards can grow up to two mature plants for personal use.
Don’ts: Cultivating marijuana plants that are visible from a public place is punishable by a civil fine of up to $250. Officials will also confiscate the plants.
Montana’s marijuana laws ensure safety and order while allowing adults to exercise their right to consume cannabis responsibly. If you face criminal charges for any cannabis-related offense, consider consulting with a legal professional who can protect your rights in court.]]>On Behalf of Stevenson Law Officehttps://www.bigskylegal.com/?p=498452024-01-12T12:00:59Z2024-01-12T12:00:59ZThings to keep in mind before you start recording
When at a traffic stop, prioritize respect and cooperation. Avoid doing anything that may impede their ability to perform their jobs. Provide your basic information and follow instructions. If recording feels necessary, you should be able to do so.
Montana has no laws prohibiting the recording of a police officer at a traffic stop. Additionally, the First Amendment protects your right to take photographs and videos of police officers and other government employees performing duties in public. Although asking for consent is not necessary when recording public officials, taking videos or recording secretly is generally a criminal offense.
If you decide to take a video, be sure not to interfere with the police officer’s work and inform them of your intent to record. Otherwise, you could face legal penalties.
Keep in mind that the police officer cannot take your phone without a warrant. Forcing you to delete your videos may constitute evidence tampering.
What can you do with recorded material?
It's not always clear what you can and cannot do with videos that feature other people. Generally, it is not wise to upload videos featuring other people if you do not have their consent. Yet, if the video documents police misconduct, it may be vital during an investigation.
If you have doubts about your rights concerning video recording a police officer or if you are facing traffic stop charges, consider speaking to an attorney.
In situations where there is police misconduct at a traffic stop, having a video can help protect you. However, it’s also good to know when to practice restraint. Provoking a police officer may only escalate tensions.]]>On Behalf of Stevenson Law Officehttps://www.bigskylegal.com/?p=498432024-01-02T08:57:58Z2024-01-02T08:57:58ZIntent
Perhaps the most significant factor that divides the two is intent. Self-defense assumes that the person using force does so with the intent to protect themselves or others. On the other hand, aggravated assault assumes the person using force intends to cause harm.
Reasonable force
Although both self-defense and aggravated assault involve force, the key difference lies in the amount used. In self-defense, persons can use reasonable force to protect themselves or others from harm, especially in response to the other person’s impending use of unlawful force. Meanwhile, aggravated assault involves force that is excessive or intentional.
Circumstances
The circumstances surrounding the use of force can also decide whether a person performed an act of violence in self-defense or otherwise. For instance, if a person uses force in self-defense in their home, a court may consider it more justifiable than if they used force against another person who isn’t an immediate threat in public.
If you’re currently facing charges of aggravated assault for something you genuinely believe was an act of self-defense, it’s important to understand the differences between the two. Consider consulting with a legal professional who can review your case and help organize your defense.]]>On Behalf of Stevenson Law Officehttps://www.bigskylegal.com/?p=498412023-12-28T22:39:42Z2023-12-28T22:39:42ZReliable detection remains a challenge
One of the critical challenges in prosecuting drug-impaired driving cases is the detection and measurement of impairment. Unlike alcohol, for which impairment can be relatively easily measured using blood alcohol concentration levels in breath or blood, determining impairment from drugs is more complex.
Montana law enforcement officers may use field sobriety tests and chemical tests, such as blood tests, to ascertain impairment. The presence of drugs in one's system doesn’t automatically equate to impairment, making these cases more nuanced. Because of this, field sobriety tests are often used to provide an idea of impairment. However, those tests are often scrutinized because of the subjective nature of interpreting the results.
Penalties can change due to circumstances
The penalties for a conviction can be severe if a driver is found guilty of impaired driving in Montana. The consequences typically depend on the number of prior offenses and the case's specific circumstances. Penalties for a first offense may include fines, potential jail time and suspension of one’s driver's license.
The severity of these penalties increases with subsequent offenses. In cases involving accidents or injuries, the charges and penalties can escalate significantly, potentially leading to felony charges.
Montana's laws also account for the use of marijuana, which, although legal for certain uses, still prohibits driving under the influence. This means that even legally consumed marijuana can lead to an impaired driving charge if it impairs driving ability.
Anyone charged with drugged driving should learn about their options for a defense strategy. Understanding how the facts of their case may impact the outcome is critical when constructing a response to impaired driving charges.]]>