Missoula County, MT Criminal Lawyers

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Mathew  Stevenson Lawyer

Mathew Stevenson

VERIFIED
Criminal, DUI-DWI, Divorce & Family Law, Personal Injury

Stevenson Law Office was established by Mathew Stevenson in 2002 and has been serving Western Montana since. Mat Stevenson is a Montana Native, bor... (more)

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800-906-0680

Charles W. Schuyler Lawyer

Charles W. Schuyler

VERIFIED
Criminal, Accident & Injury, Estate, Real Estate, Business

Chuck Schuyler was admitted to the bar in 1975, Montana and U.S. Supreme Court, is a graduate of the University of Montana (B.A. 1969, J.D. 1975) and ... (more)

Dwight J Schulte

Criminal, Divorce & Family Law, Personal Injury, DUI-DWI
Status:  In Good Standing           

Leta J. Womack

Juvenile Law, International Other, Family Law, Criminal
Status:  In Good Standing           Licensed:  44 Years

Andrew J. Ries

Juvenile Law, Other, Criminal, Constitutional Law
Status:  In Good Standing           Licensed:  31 Years

Myshell Lynn Lyday Uhl

Criminal
Status:  In Good Standing           Licensed:  18 Years

Eric Mills

Criminal, Personal Injury, Family Law
Status:  In Good Standing           

Erica Grinde

Criminal, Whistleblower, Federal Trial Practice, Health Care Other
Status:  In Good Standing           

Erika R. Peterman

Criminal, Household Mold, Federal Appellate Practice, Civil Rights
Status:  In Good Standing           

Jasper Smith Olson

Criminal, Whistleblower, Household Mold, Personal Injury
Status:  In Good Standing           

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LEGAL TERMS

INTERROGATION

A term that describes vigorous questioning, usually by the police of a suspect in custody. Other than providing his name and address, the suspect is not obligat... (more...)
A term that describes vigorous questioning, usually by the police of a suspect in custody. Other than providing his name and address, the suspect is not obligated to answer the questions, and the fact that he has remained silent generally cannot be used by the prosecution to help prove that he is guilty of a crime. If the suspect has asked for a lawyer, the police must cease questioning. If they do not, they cannot use the answers against the suspect at trial.

EAVESDROPPING

Listening to conversations or observing conduct which is meant to be private, typically by using devices that amplify sound or light, such as stethoscopes or bi... (more...)
Listening to conversations or observing conduct which is meant to be private, typically by using devices that amplify sound or light, such as stethoscopes or binoculars. The term comes from the common law offense of listening to private conversations by crouching under the windows or eaves of a house. Nowadays, eavesdropping includes using electronic equipment to intercept telephone or other wire communications, or radio equipment to intercept broadcast communications. Generally, the term 'eavesdropping' is used when the activity is not legally authorized by a search warrant or court order; and the term 'surveillance' is used when the activity is permitted by law. Compare electronic surveillance.

CONVICTION

A finding by a judge or jury that the defendant is guilty of a crime.

LINEUP

A procedure in which the police place a suspect in a line with a group of other people and ask an eyewitness to the crime to identify the person he saw at the c... (more...)
A procedure in which the police place a suspect in a line with a group of other people and ask an eyewitness to the crime to identify the person he saw at the crime scene. The police are supposed to choose similar-looking people to appear with the suspect. If the suspect alone matches the physical description of the perpetrator, evidence of the identification can be attacked at trial. For example, if the robber is described as a Latino male, and the suspect, a Latino male, is placed in a lineup with ten white males, a witness' identification of him as the robber will be challenged by the defense attorney.

GREEN CARD

The well-known term for an Alien Registration Receipt Card. This plastic photo identification card is given to individuals who are legal permanent residents of ... (more...)
The well-known term for an Alien Registration Receipt Card. This plastic photo identification card is given to individuals who are legal permanent residents of the United States. It serves as a U.S. entry document in place of a visa, enabling permanent residents to return to the United States after temporary absences. The key characteristic of a green card is that it allows the holder to live permanently in the United States. Unless you abandon your residence or violate certain criminal or immigration laws, your green card can never be taken away. Possession of a green card also allows you to work in the United States legally. Those who hold green cards for a certain length of time may eventually apply for U.S. citizenship. Green cards have an expiration date of ten years from issuance. This does not mean that your permanent resident status expires. You must simply apply for a new card.

ELEMENTS (OF A CRIME)

The component parts of crimes. For example, 'Robbery' is defined as the taking and carrying away of property of another by force or fear with the intent to perm... (more...)
The component parts of crimes. For example, 'Robbery' is defined as the taking and carrying away of property of another by force or fear with the intent to permanently deprive the owner of the property. Each of those four parts is an element that the prosecution must prove beyond a reasonable doubt.

INFORMED CONSENT

An agreement to do something or to allow something to happen, made with complete knowledge of all relevant facts, such as the risks involved or any available al... (more...)
An agreement to do something or to allow something to happen, made with complete knowledge of all relevant facts, such as the risks involved or any available alternatives. For example, a patient may give informed consent to medical treatment only after the healthcare professional has disclosed all possible risks involved in accepting or rejecting the treatment. A healthcare provider or facility may be held responsible for an injury caused by an undisclosed risk. In another context, a person accused of committing a crime cannot give up his constitutional rights--for example, to remain silent or to talk with an attorney--unless and until he has been informed of those rights, usually via the well-known Miranda warnings.

NOLLE PROSEQUI

Latin for 'we shall no longer prosecute.' At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he will no longer pursue... (more...)
Latin for 'we shall no longer prosecute.' At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he will no longer pursue the matter. An entry of nolle prosequi may be made at any time after charges are brought and before a verdict is returned or a plea entered. Essentially, it is an admission on the part of the prosecution that some aspect of its case against the defendant has fallen apart. Most of the time, prosecutors need a judge's A1:C576 to 'nol-pros' a case. (See Federal Rule of Criminal Procedure 48a.) Abbreviated 'nol. pros.' or 'nol-pros.'

AGGRAVATING CIRCUMSTANCES

Circumstances that increase the seriousness or outrageousness of a given crime, and that in turn increase the wrongdoer's penalty or punishment. For example, th... (more...)
Circumstances that increase the seriousness or outrageousness of a given crime, and that in turn increase the wrongdoer's penalty or punishment. For example, the crime of aggravated assault is a physical attack made worse because it is committed with a dangerous weapon, results in severe bodily injury or is made in conjunction with another serious crime. Aggravated assault is usually considered a felony, punishable by a prison sentence.

SAMPLE LEGAL CASES

State v. McWilliams

... At about the same time, Johns and Curry each brought complaints against McWilliams in relation to the check transactions described above. ¶14 In February 2002, the State brought criminal charges against McWilliams for theft and issuing bad checks. ...

Whitlow v. State

... 05-128. Supreme Court of Montana. Submitted on Briefs February 23, 2006. Decided April 22, 2008. 862 For Appellant: Jeffrey T. Renz, Attorney at Law, Jason Lazark, Intern, Criminal Defense Clinic, University of Montana School of Law, Missoula, Montana. For Appellee: Hon. ...

State v. Rosling

... appeals from his conviction and sentence in the District Court for the First Judicial District, Lewis and Clark County, on charges of deliberate homicide, aggravated kidnapping, aggravated burglary, tampering with or fabricating physical evidence, and criminal possession of ...