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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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  • How do I get a private attorney for someone who has already been assigned a public defender? +

    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.
  • Is it legal for a attorney to give out your SSN? +

    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.
  • Can a police officer just stop your vehicle? +

    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.
  • Can police charge you with a felony warrant after an incident takes place? +

    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.
  • What evidence cannot be used against a DUI case? +

    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.
  • Can a victim of a shooting face jail time for not testifying at trial? +

    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.
  • Can I charge my wife with theft if she sold something of mine without my permission? +

    You can file a complaint with local law enforcement. It is unlikely they will prosecute however.
  • If a victim/accuser is unavailable on the court date (in the hospital) what happens? +

    The prosecution will usually ask for a continuance. The court would usually grant a continuance in a case such as this.
  • What can be done if my brother was charged with rape but I have proof that he didn't do it and he is in jail right what can I do against her? +

    You need to provide the information to your brother's attorney immediately. Do not talk to anyone else about the information that you have until you speak to his attorney. He can use it best to your brother's advantage.
  • How can you expunge a DUI? +

    There is currently no provision to expunge criminal convictions in Montana.
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