Bozeman DWI Lawyers
- Jackson, Kayle:
DUI and criminal defense
- Nellen, Suzanne:
Criminal defense
Real estate law
Wills and trusts
- Angel, Coil & Bartlett:
Montana DUI law is a specialized area of Montana criminal defense
involving complicated legal issues, scientific principles related to
the field sobriety tests conducted by police, the understanding of
police breathalyzer equipment and the equipmentÕs flaws and
shortcomings, alcoholÕs effect on the human body and its effect on a
personÕs ability to safely operate a motor vehicle, and the physiology
behind the absorption and elimination of alcohol in the human body.
As a citizen of the United States and as a resident or visitor of
the State of Montana, you have certain constitutional rights under
the United States Constitution and the Montana Constitution. Under
the Montana Constitution, you have an explicit right to privacy as
well as the right to be free from unreasonable searches and seizures
under the Fourth Amendment of the United States Constitution and
Article II, Section 10 of the Montana Constitution. Citizens in the
State of Montana benefit from heightened privacy protections not
enjoyed in most other U.S. states and these principles apply to
Montana DUI arrests. Our attorneys will scrutinize your case for
constitutional violations and ensure that law enforcement respected
your rights during your traffic stop. Montana DUI cases can often
be resolved in favor of the defendant by establishing that the
police violated a personÕs constitutional rights.
Being convicted of a DUI in Montana is no small matter. If you are
convicted of a DUI in Montana, the penalties can include, but are by
no means limited to, incarceration, incarceration fees, loss of your
Montana or other state driverÕs license(s) and privileges, fines,
mandatory alcohol classes, sentencing conditions that limit your
ability to frequent establishments where alcohol is served, a
prohibition against the use of alcohol for a period of time, a
requirement that any vehicle you drive be equipped with an interlock
device, additional points on your driving record, an increase in car
insurance premiums, the stigma associated with a DUI conviction,
forfeiture of the vehicle used in the alleged DUI, and a criminal
record. Some alcohol related crimes are felonies in the State of
Montana.
- Watson Law Offices:
Arrest
An arrest is not a conviction. It simply means that the police has probable cause to believe that you committed a crime. Probable cause is a subjective standard, but essentially means that it is more likely than not (more than 50%) that you did something wrong in the view of the police.
Miranda Rights
You're probably familiar with Miranda Rights from television shows. Miranda Rights originated from a United States Supreme Court case, Miranda v. Arizona, in which the Supreme Court set forth certain rights that the police must tell a person when they are arrested prior to interrogation or questioning. These rights are that you have the right to remain silent, that anything you say can be used against you in court and that you have a right to an attorney.
A common misconception is that if you are not read your rights, you go free. In reality, Miranda Rights only serve to protect people from incriminating themselves after an arrest. In the event you were not read your rights, yet gave a statement or said things to the police that might incriminate you during an interrogation, it may be possible to "suppress" the evidence by motion.
However, it is possible to waive the right to remain silent by either stating as much, signing a waiver or voluntarily making a statement.
Decision to Charge
The decision as to whether you will be charged with a crime rests with the Warrant Officer. The Warrant Officer is generally an assistant prosecuting attorney who reviews the case file and determines if there is sufficient reason to file charges.
Bail
If you are charged with a crime, bail will most likely be set by the court. Bail is an amount of money or a pledge of property that is designed to ensure that you appear in court. Sometimes the court will reduce your bail at the request of your lawyer.
Arraignment
Arraignment is the first appearance before the court in which you enter a plea. The court will then set the next date to allow for an exchange of information between the prosecutor and your lawyer and possible negotiations.
Discovery
You are entitled to receive all information the prosecuting attorney has regarding your case, including all information which may benefit you. The prosecutor may not pick and choose what information to provide.
Preliminary Hearing
At your option, you may elect to have a preliminary hearing in which the court hears evidence from the prosecutor and makes a determination whether there is probable cause to proceed with the case. At this hearing, only the prosecution's case is heard and your attorney is allowed to cross examine their witnesses and scrutinize their evidence.
Plea Bargaining
It is common for the prosecution and defendant to engage in plea bargaining. Plea bargaining may include a reduction of the charges or some incentive by the prosecution to resolve the case between the parties. Plea bargaining can be useful because whether you agree to a resolution is voluntary and takes the risk out of the process.
Trial
The constitution guarantees your right to a jury trial if you so request. It also guarantees you the right to confront your accuser, to scrutinize their evidence and cross examine. If you choose this option, your fate then rests with the jury.
Sentencing
If you plead guilty pursuant to a plea bargain or if you are found guilty at trial, a judge will sentence you at a hearing. At this hearing you will be entitled to make a statement to the court, if desired, and possibly produce evidence and testimony which may convince the court to lessen the punishment. If you are being sentenced pursuant to a plea bargain, however, the sentence that the prosecutor recommends (which you would have agreed to) is generally accepted by the court, so there is no need to present evidence.
Appeals
If you are convicted at trial, you are entitled to appeal the decision. The grounds for appeal are limited. In other words, your case is not re-tried, the appellate court looks for error in the application of the law, procedural errors at trial or other errors in the process. If you accept a plea bargain, you waive your right to appeal.
- Peeler Law Office:
You may be intertwined in the criminal process, bewildered by allegations, not knowing which way to turn. You are entitled to notice and an opportunity to be heard in defense of criminal allegations asserted against you. Criminal procedures entitle you to fair and just consideration under the law. Understanding your rights and proper investigation of the underlying facts of your case are crucial in obtaining fair and just treatment in the criminal justice system.
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