The right to act in self-defense is both a natural law and a right protected by state statutes. In Montana, individuals who fear for their own safety can take the steps that they and other reasonable people might deem necessary for their own protection. Someone who is threatened with physical violence or property crimes could use force to protect themselves, their resources or other people. In some cases, people may need to use deadly force to prevent another person from harming them. There are different self-defense rules in every state, which can confuse many people. Some states have stand-y ..read more

Driving under the influence (DUI) of alcohol or drugs is a major traffic violation. It can pose road safety threats to drivers, passengers, motorists and pedestrians. Moreover, a severe DUI accident may cause serious injuries and deaths. In Montana, a first DUI violation warrants a fine of $600 to $1,000 and an imprisonment of 24 hours to six months. Other penalties for those convicted are the 90-day suspension of their driver’s license and the completion of a chemical dependency education course. Penalties for a second offense When a driver gets a conviction for their second violation, their ..read more

Like other U.S. states, Montana takes a hardline stance against the distribution and manufacture of dangerous controlled substances. These drugs have a high abuse risk and can induce severe addiction and dependence; to say they can ruin lives is an understatement. But on top of prohibiting the sale of controlled substances, Montana also outlaws the distribution of drugs designed to imitate more dangerous substances. Even if the fake drugs don’t actually cause any stimulating effects, a person arrested for distributing them can face real criminal charges. The law on imitation drugs According to ..read more

For you and over half of the population in the state, you may see bearing arms as more than a right but a part of your life. However, if you break the law in some way, you may lose that privilege. Although this may sound concerning, Montana law may provide a way for you to earn back your gun rights. How you can lose and restore gun rights Federal law lays out clear restrictions. You cannot possess or purchase firearms if: You’ve been convicted of a crime with a sentence exceeding one year. You have a domestic violence conviction You’re found to have a serious mental health condition You’re in ..read more

A traffic stop after a night out can be a highly stressful situation, especially if it is your first encounter with law enforcement. You probably would not even know what to do or say when the officer begins asking you questions. To protect yourself from unfair policing, you must be aware of your constitutional rights and how they limit law enforcement from doing whatever they please while conducting a traffic stop. When the officer had no reason to stop your vehicle Routine traffic stops are illegal in Montana. An officer may only pull your vehicle over if they have reason to suspect that you ..read more

Nowadays, social media platforms generally serve as extensions of people’s personal and public lives, cataloging the thoughts, activities and interactions of individuals of virtually all ages. Most of the time, this kind of engagement can help people to connect, demonstrate self-expression and participate in community life in ways that can be beneficial. However, for defendants in criminal cases, it’s essential to understand that prosecutors may comb through their social media accounts as part of their investigations. And, depending on what they find, evidence rooted in social media activity c ..read more

Montana, like other U.S. states, takes driving under the influence (DUI) offenses very seriously. A conviction for the offense leads to imprisonment, fines, the suspension of the driver’s license and even a requirement to attend a chemical dependency treatment program. However, the severity of a DUI charge can increase depending on the number of prior offenses a driver may have. Montana has something called a “lookback period,” which is the length of time a drunk driving offense remains on a person’s record. If you face charges and you have a history of DUI, you can expect increased penalties ..read more

Marijuana legislation varies widely across the United States; not all states have legalized the substance for recreational purposes. And while Montana may have approved cannabis for personal non-medical consumption in 2021, the state still has strict laws on when and where one can use the substance. For instance, it’s against state law to possess cannabis while inside a motor vehicle. What are the specifics of this restriction, and what are the penalties for those who violate the rules? More importantly, is it a crime? Possession inside a vehicle is not a criminal offense According to Montana ..read more

Viral videos of police misconduct have made the public more wary when facing law enforcement, including personal encounters during traffic stops. To protect yourself, you may feel compelled to record your interaction when an officer pulls you over. Although filming in public is within your rights, there are still limitations. Things to keep in mind before you start recording When at a traffic stop, prioritize respect and cooperation. Avoid doing anything that may impede their ability to perform their jobs. Provide your basic information and follow instructions. If recording feels necessary, yo ..read more

While their legal definitions are different, the concepts behind self-defense and aggravated assault are often confused or conflated. Yes, both involve violence – but even an attempt to defend oneself is just one element away from becoming a criminal offense. There’s a very fine line between self-defense and aggravated assault, and that line can sometimes blur. In particular, self-defense can cross dangerously close or lead to aggravated assault based on three factors. Intent Perhaps the most significant factor that divides the two is intent. Self-defense assumes that the person using force do ..read more