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Day: July 1, 2015

Wrongful Death in Montana: What Damages can you Claim?

In the wake of a fatal accident, many families are faced with economic challenges on top of the devastating emotional loss that comes with the death of a loved one. Medical bills, lost wages and funeral expenses can put a serious strain on any family, but these are nothing compared to the loss of companionship experienced by the decedent’s loved ones. If you have lost a loved one due to the negligence of another party, you have a right to pursue a wrongful death personal injury lawsuit. Wrongful death lawsuits are designed to compensate the victim’s family for the losses they have suffered. These losses can include both economic and

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What Can You Expect at Your DUI Arraignment in Montana?

An arraignment is a court hearing at which someone charged with a crime, known as the defendant, is advised of his or her rights and enters a plea. Arraignments in Montana may be held in person or by video. The judge must first advise the defendant of the charge against him or her. Usually, the judge reads the criminal complaint out loud to accomplish this objective. If the defendant does not have a copy of the complaint, the judge must provide one. By law, before a plea is entered, the judge must also advise the defendant of his or her legal rights. These include the right to assistance of counsel,

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What Types of Penalties Are Imposed at a Montana DUI Sentencing Hearing?

After a driver enters a guilty plea or is found guilty of driving under the influence or a “per se” violation, the next step will be sentencing. Generally speaking, penalties may include jail time, fines, the use of an interlock device, alcohol monitoring, probation, the payment of court costs, and the completion of a chemical dependency assessment and education course. Additionally, Montana Driver Control imposes suspension of drivers’ licenses for guilty pleas and convictions. The Montana Legislature has provided for these penalties by law. A first offense carries with it mandatory jail time of between 24 hours and six months, as well as a fine of between $ 300 and

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What Can I Expect at My DUI Arraignment in Montana?

An arraignment is a court hearing at which someone charged with a crime, known as the defendant, is advised of his or her rights and enters a plea. Arraignments in Montana may be held in person or by video. The judge must first advise the defendant of the charge against him or her. Usually, the judge reads the criminal complaint out loud to accomplish this objective. If the defendant does not have a copy of the complaint, the judge must provide one. By law, before a plea is entered, the judge must also advise the defendant of his or her legal rights. These include the right to assistance of counsel,

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Montana Superintendent On Administrative Leave Due to Assault Charges

When most people think of the consequences associated with breaking the law, their mind often drifts to jail cells and probation officers. The consequences of a conviction – or even an accusation – go beyond incarceration, however. This was proven in Bonner, Montana, where a local superintendent has been placed on administrative leave following an alleged assault. The incident occurred on March 31; the superintendent is accused of striking a teenaged family member in the face several times. The man has been employed in the school district for 12 years and in 2012 was named “Western Montana Superintendent of the Year.” Following the accusations, the man was placed on administrative

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MSU Employee Accused of Stealing More than $96,000

When a worker misappropriates money this is in his or her care, the legal and financial ramifications are often severe. A conviction for embezzlement, theft or other related crimes in Montana can lead to years of imprisonment and heavy fines, which are assessed in addition to the reparations that typically accompany such a case. This could be the fate that awaits a Bozeman man who was recently accused of stealing nearly $100,000 from Montana State University and a city basketball league. The man, an MSU employee, was in charge of paying referees for the MSU intramural sports programs. He held a similar position as the manager of the Bozeman City

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Defenses to Drug Possession in Montana

If you have been accused of a drug crime in Montana, you are facing serious penalties. Even a relatively minor offense could have long-term repercussions, as a conviction for a drug offense may harm your reputation and limit your opportunities for future employment or education. There are many reasons, therefore, to contest the charges that have been made against you. There are many possible defenses against drug charges – your criminal defense attorney can help you determine which, if any, are applicable in your case. • Unlawful Search and Seizure: The Fourth Amendment states that all Americans are protected from unlawful or arbitrary searches. This right is often cited in

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Types of Car Accident Injures

It goes without saying that car accidents vary wildly in their severity. While many accidents end with both drivers walking away unharmed, others can result in serious injuries, disfigurement or disability. Serious injuries, disfigurement and long term disabilities can result in substantial and ongoing medical bills for ongoing care, and other economic losses related to loss of income and employability. What is less obvious to many drivers is that the speed of the crash does not always correlate with the severity of the injury. A high-speed collision may cause only minor injuries, while a relatively slow rear-end crash can still leave victims with a lifetime of pain and discomfort. In

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Is One Crime Lab Enough for Montana?

The 6th Amendment to the Constitution gives all Americans the right to a speedy trial. This is an extremely important concept from a legal perspective – without a guarantee of an expeditious trial, those accused of a crime could be subjected to long-term imprisonment while they await trial. Here in Montana, those accused of crimes could be faced with a longer wait than they would like. This is due to a processing backlog in our state’s crime lab. There is only one crime lab in the state of Montana, located in Missoula. This one lab processes all of the blood samples, suspected illegal drugs and other pieces of evidence that

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How to Make an Effective Personal Injury Claim for Whiplash

Whiplash injuries has a somewhat shaky reputation among the general public, as they are often associated with faked injuries and false claims. Genuine whiplash sufferers, however, understand what a serious medical condition it truly is. Whiplash can be extremely painful, disrupting every aspect of the victim’s life. Often, victims are unable to work or tend to their family’s needs for a certain period of time, and if they do, they are exposed to significant pain and suffering. Whiplash is also difficult to treat, requiring substantial medical care and attention. For this reason, many whiplash victims turn to personal injury lawsuits as a way to seek compensation for their medical bills,

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