Victor Criminal Lawyer, Montana

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Charles W. Schuyler Lawyer

Charles W. Schuyler

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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)

Mathew  Stevenson Lawyer

Mathew Stevenson

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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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Dwight J Schulte

Criminal, Divorce & Family Law, Personal Injury, DUI-DWI
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Eric Mills

Criminal, Personal Injury, Family Law
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Andrew J. Ries

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

Erika R. Peterman

Criminal, Household Mold, Federal Appellate Practice, Civil Rights
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Robin Ammons

Criminal, Household Mold, Civil Rights
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James T Park

Criminal, Election & Political
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Jasper Smith Olson

Criminal, Whistleblower, Household Mold, Personal Injury
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Erica Grinde

Criminal, Whistleblower, Federal Trial Practice, Health Care Other
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LEGAL TERMS

SELF-INCRIMINATION

The making of statements that might expose you to criminal prosecution, either now or in the future. The 5th Amendment of the U.S. Constitution prohibits the go... (more...)
The making of statements that might expose you to criminal prosecution, either now or in the future. The 5th Amendment of the U.S. Constitution prohibits the government from forcing you to provide evidence (as in answering questions) that would or might lead to your prosecution for a crime.

INDECENT EXPOSURE

Revealing one's genitals under circumstances likely to offend others. Exposure is indecent under the law whenever a reasonable person would or should know that ... (more...)
Revealing one's genitals under circumstances likely to offend others. Exposure is indecent under the law whenever a reasonable person would or should know that his act may be seen by others--for example, in a public place or through an open window--and that it is likely to cause affront or alarm. Indecent exposure is considered a misdemeanor in most states.

DIRECTED VERDICT

A ruling by a judge, typically made after the plaintiff has presented all of her evidence but before the defendant puts on his case, that awards judgment to the... (more...)
A ruling by a judge, typically made after the plaintiff has presented all of her evidence but before the defendant puts on his case, that awards judgment to the defendant. A directed verdict is usually made because the judge concludes the plaintiff has failed to offer the minimum amount of evidence to prove her case even if there were no opposition. In other words, the judge is saying that, as a matter of law, no reasonable jury could decide in the plaintiff's favor. In a criminal case, a directed verdict is a judgement of acquittal for the defendant.

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.

HABEAS CORPUS

Latin for 'You have the body.' A prisoner files a petition for writ of habeas corpus in order to challenge the authority of the prison or jail warden to continu... (more...)
Latin for 'You have the body.' A prisoner files a petition for writ of habeas corpus in order to challenge the authority of the prison or jail warden to continue to hold him. If the judge orders a hearing after reading the writ, the prisoner gets to argue that his confinement is illegal. These writs are frequently filed by convicted prisoners who challenge their conviction on the grounds that the trial attorney failed to prepare the defense and was incompetent. Prisoners sentenced to death also file habeas petitions challenging the constitutionality of the state death penalty law. Habeas writs are different from and do not replace appeals, which are arguments for reversal of a conviction based on claims that the judge conducted the trial improperly. Often, convicted prisoners file both.

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.

JUSTICE SYSTEM

A term lawyers use to describe the courts and other bureaucracies that handle American's criminal legal business, including offices of various state and federal... (more...)
A term lawyers use to describe the courts and other bureaucracies that handle American's criminal legal business, including offices of various state and federal prosecutors and public defenders. Many people caught up in this system refer to it by less flattering names.

CIRCUMSTANTIAL EVIDENCE

Evidence that proves a fact by means of an inference. For example, from the evidence that a person was seen running away from the scene of a crime, a judge or j... (more...)
Evidence that proves a fact by means of an inference. For example, from the evidence that a person was seen running away from the scene of a crime, a judge or jury may infer that the person committed the crime.

PUBLIC DEFENDER

A lawyer appointed by the court and paid by the county, state, or federal government to represent clients who are charged with violations of criminal law and ar... (more...)
A lawyer appointed by the court and paid by the county, state, or federal government to represent clients who are charged with violations of criminal law and are unable to pay for their own defense.

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 ...