Best Criminal Defense Attorneys in Missoula

FAQs

• What is the non-emergency contact number for the local police station in Missoula, Montana?

  The non-emergency contact number for the Missoula Police Department is 406-552-6300.

• Where can I get a copy of police reports for incidents related to my case in Missoula, Montana?

  You can get a copy of the police report related to your case by submitting a written request to the Missoula Police Department Records Unit. Send it through mail to: Missoula Police Department Attn: Records 435 Ryman Street Missoula, MT 59802 You must call the Records Unit at 406-552-6303 before submitting your written request through mail. This allows the unit to verify that the information you need is available. Reports are usually available within seven to 10 days from the date your request is received.

• What are the penalties after being convicted of marijuana possession in Missoula?

  If you are convicted of marijuana possession in Missoula, you may face a variety of penalties depending on the gravity of your crime. For example, if you are a first-time offender or are caught with less than 60 grams of marijuana, you will face a misdemeanor charge that could result in six months in jail and $500 in fines. Meanwhile, if you are caught with more than 60 grams of marijuana, you will be charged with a felony, up to five years in prison, and a maximum fine of $50,000.

• What are the possible consequences if you are a first-time DUI offender in Missoula?

  If you are convicted of DUI as a first-time offender in Missoula, you could face up to six months in jail and a maximum fine of $1,000. Your driving privileges will also be suspended for six months from the date of your arrest. Additionally, you are obliged to surrender your license, registration, and insurance details to the arresting officer.

• What are the different levels of criminal offenses in Missoula?

  The State of Montana, where Missoula is located, classifies criminal offenses into four sub-categories: fatal, personal, property, and participatory. Fatal offenses involve homicide and manslaughter, while personal offenses include assault and battery, sexual abuse, and rape. Property offenses include burglary, theft, breaking, and trespassing. Participatory offenses are given to individuals who aided in a criminal act.

• What are the penalties for an embezzlement conviction in Missoula?

  An embezzlement offense in Missoula involves the theft of property that belongs to someone else and is committed by a person of trust or responsibility over the stolen property. Individuals convicted of embezzlement with stolen property valued at $1,500 or less could face up to six months of jail time. Meanwhile, individuals convicted of stealing property worth over $1,500 face one to 10 years in state prison and a maximum fine of $50,000.

• Does Missoula impose the death penalty on murder cases?

  Missoula has a death penalty through lethal injection, particularly for deliberate murder cases as mandated by state law. However, the death penalty only applies to offenders 18 or older at the time of the crime. In lieu of the death penalty, minors convicted of deliberate murder could face a sentence of 10 to 100 years in prison.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.