Free Answers to your Legal Questions by Scott Hilderman. Browse over 200 frequently asked questions that Scott Hilderman has provided free answers to. Answers apply to Montana.

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The answers on hildermanlaw.com may or may not apply to you and should not be relied upon as legal advice.

The public defender wasn’t doing anything until we told her that we were getting a private lawyer. She never even went to see him until we told her and that was a month later and was only to see if my cousin wanted to be represented by her with out him knowing we were getting a lawyer.
It depends how the attorney obtained the information. You should let the prosecutor know; it could be important if there is an order of protection.
If police officer must have articulable suspicion that a crime or traffic infraction has occurred in order to stop your vehicle. Swerving can be enough under the right circumstances.
If they can prove that you were in possession of the items referenced. It is unlikely unless they have surveillance video or some such evidence.
You may have a claim against the police for a violation of your civil rights. This is a very complex area of the law; in short you would have a case against the police if they did not have probable cause to arrest you are articulable suspicion to stop you.
The state can ask the court to hold her in contempt of court, if a court finds her in contempt and she still refuses, she could spend some time in jail.
You can file a complaint with local law enforcement. It is unlikely they will prosecute however.
The prosecution will usually ask for a continuance. The court would usually grant a continuance in a case such as this.
There is currently no provision to expunge criminal convictions in Montana.
You hire him, and then he will have you and the PD sign a document substituting your new lawyer for the PD.
Your bond cannot be revoked unless you violate the conditions of your release.
Yes and No. The law cannot stop you, yourself from moving in with your father. However, if a condition of his parole is that he have no contact with you then the law can stop him. If he has such a condition and violates it he will go back to prison.
You don’t ever have to prove yourself innocent. You need to keep the state from proving that you are guilty. It may not seem like much of a difference, but in this case it is a distinction with a big difference. The most important advise for you is to keep your mouth shut; do not talk to anyone about the case except your lawyer. If you do not have a lawyer get one immediately. He can discuss with you any possible defenses.
Rape is Sexual Intercourse Without Consent in Montana. The state must prove that there was intercourse AND that it was not consensual. Therefore, you are correct , the fact that your DNA turned up in a “rape kit” is not by itself in any way proof that you committed the offense. Law enforcement will use the rape kit and attempt to corroborate the alleged victim’s account of what occurred and attempt to show that any statements that you gave are not true. Incidentally, you should not speak to anyone about what happened other than your attorney.
You can’t qualify in Montana. There is no provision to expunge criminal records in Montana.
If you are convicted and placed on probation or spend time in prison and are placed on parole, you will have certain conditions of probation/parole, those will determine whether you may live in the house.
Solicitation is a legal term for prostitution. Specifically solicitation of prosecution. So long as there was no discussion about payment directly or indirectly there would not be any evidence of solicitation.
Assuming that your previous marijuana conviction was a juvenile conviction; those records are sealed/destroyed after you turn 18. While constructive possession is a complicated legal doctrine, it is safe to say since you told the police you were smoking the marijuana and there was marijuana and paraphernalia present in the room they have more than enough to pin a conviction on you for constructive possession.
After you complete two-thirds of your parole you are eligible to petition the court for an early release. Unless the law is changed as it relates to your sexual offender status or unless you receive a pardon you will not be able to change your status as a sex offender.
Only a DUI conviction can serve as a predicate offense;therefore you can only be charged for a first offense.
You need to make an appointment and discuss the matter with an attorney. He can advise you about the charges, possible penalties, and the steps necessary to get your son a new attorney.
Go to the department of motor vehicles and get your license renewed.
As long as you are appearing pursuant to a summons and you are appearing on time you will not be arrested. In any case, it is best for you to go to court tomorrow because even if you are arrested since you voluntarily appeared it will help you with any release conditions if you are arrested.
Yes. You should contact the bar and file a complaint against him for professional misconduct; this is a serious matter. You should also consult with legal counsel because you have clear case of malpractice. You should also talk to another lawyer because your husband likely has a claim for ineffective assistance of counsel.
You are probably going to need to get a new attorney to get your file and see if he can quash your warrant or at least get you to turn yourself in and get booked and released. You should try working this out with your current attorney, he may be able to do this for you as well.
You need to file a report with law enforcement. They will conduct an investigation; if they determine there is enough evidence they will forward it to the county attorney for review.
NO anything that is said or written in a legal proceeding in court, depositions, pleadings, affidavits etc. is absolutely privileged.
The thing you need to understand about hearsay is that you do not understand hearsay. It is very complex legal doctrine that most lawyers do not even understand. Hearsay is a statement made out of court for the truth of the matter asserted. There are more than a dozen exceptions to the hearsay rule. The most important exception for you to keep in mind is the exception that makes admissible all statements made by a criminal defendant. The most important thing for you to do, is to keep your mouth shut; do not speak about your case to ANYONE other than your lawyer especially the police. You should retain a lawyer immediately and discuss your case.
No. New legislation allows SCRAM as a condition of Release. You can refuse it but then you will be denied bond.