Property crimes include criminal mischief, arson, trespassing, burglary, theft, and similar offenses. Many require restitution and some carry mandatory minimum penalties. Common defenses include lack of intent, owner consent, mistaken identity, or an alibi. We approach these cases by identifying weaknesses in the State’s case and developing a tailored defense strategy.
Sex offenses in Montana typically involve mandatory minimum prison sentences and sexual offender registration for a minimum of 10 years. Deferred sentences are generally prohibited for these charges. Increasingly, these cases are brought with no physical evidence and rest solely on the statements of a single accuser. We have successfully defended many clients against sex offense charges, securing pretrial dismissals and acquittals by aggressively investigating the facts and preparing thoroughly for trial.
Under § 46-23-502(13), MCA, violent offenses in Montana include: • Deliberate or mitigated deliberate homicide • Aggravated assault • Partner or family member assault (3rd offense is a felony) • Assault on a peace officer or minor • Assault with a weapon • Strangulation • Kidnapping • Robbery • Arson • Operating an unlawful clandestine laboratory Most violent offenses carry mandatory minimum sentences and require violent offender registration. These convictions carry lifelong consequences. However, Montana Read more
CDL holders face harsh consequences for even minor traffic violations, including speeding, careless or reckless driving, logbook issues, permit violations, and weigh station offenses. State and federal antimasking laws often prevent reduced charges or deferred sentences for CDL-related infractions. Additionally, many Montana judges require out-of-state CDL holders to appear in court in person, making it costly to contest citations. We represent commercial drivers across Montana, and we are well-versed in navigating antimasking laws to secure Read more
Even if your case is not dismissible, Montana law presumes a deferred imposition of sentence for first-time drug possession convictions. If you meet all conditions – such as probation and treatment – the charge can eventually be dismissed. We often advise clients to proactively obtain a chemical dependency evaluation and begin treatment, which can significantly improve your chances of avoiding a permanent felony conviction. Britt was one of the first defense attorneys for Lake County’s Read more
Search and seizure violations are common in drug cases. One of the first things we examine is whether law enforcement illegally stopped or searched you and your property. We have secured numerous dismissals by successfully challenging unlawful searches.
Misdemeanors are eligible for expungement once the sentence has been fully served. You must file a petition in district court, and all victims must be notified and given the opportunity to object. A legal presumption in favor of expungement exists if you have not been charged with or convicted of any offense in the five years following completion of the sentence.
Felony convictions cannot be expunged in Montana. However, if your conviction was the result of a deferred imposition of sentence, you can petition the court for dismissal once the sentence is complete. You may also apply for early termination of a deferred sentence after serving half the term or two years, whichever is less. If your sentence was suspended, early termination may be available after serving three years or two-thirds of the suspension, whichever is Read more
A first DUI conviction in Montana carries a mandatory minimum of 24 hours in jail, a $685 fine, completion of ACT (Assessment, Course, and Treatment), and a six-month driver’s license suspension. You may be eligible for a probationary license during this suspension. Penalties – including jail time, fines, treatment requirements, and license suspension – become more severe with each subsequent DUI conviction. A DUI conviction also results in 10 points on your driving record; accumulating Read more
A first DUI conviction in Montana carries a mandatory minimum of 24 hours in jail, a $685 fine, completion of ACT (Assessment, Course, and Treatment), and a six-month driver’s license suspension. You may be eligible for a probationary license during this suspension. Penalties – including jail time, fines, treatment requirements, and license suspension – become more severe with each subsequent DUI conviction. A DUI conviction also results in 10 points on your driving record; accumulating Read more
Criminal Defense Attorneys in Polson, Montana: Your Local Legal Experts Nestled on the southern shore of Flathead Lake, Polson, Montana, is a vibrant community known for its stunning landscapes and small-town charm. But even in peaceful places, legal issues can arise. If you’re facing criminal charges in Polson, securing an experienced criminal defense attorney is crucial to protect your rights and navigate the legal system effectively. Understanding Criminal Defense in Polson, MT Polson serves as Read more
Criminal Defense Attorneys, Polson. When facing criminal charges in Polson, Montana, securing a skilled criminal defense attorney is crucial. Whether you’re dealing with DUI charges, drug offenses, theft, or violent crimes, having an experienced lawyer by your side can make all the difference in protecting your rights and securing the best possible outcome. Why You Need a Criminal Defense Attorney in Polson, MT Polson, located in Lake County, is known for its scenic beauty and tight-knit Read more