Billings Criminal Lawyer, Montana


James David Sweet Lawyer

James David Sweet

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Divorce & Family Law, Criminal, DUI-DWI, Estate, Native People

James Sweet proudly serves Billings, MT and the neighboring communities in the areas of Accident & Injury, Criminal, Divorce & Family Law, Estate Plan... (more)

Adam Warren

Divorce & Family Law, DUI-DWI, Bankruptcy, Car Accident
Status:  In Good Standing           

Adam Joseph Tunning

Divorce & Family Law, DUI-DWI, Bankruptcy & Debt, Car Accident
Status:  In Good Standing           

Adrianna Potts

Education, Lawsuit & Dispute, Criminal, Business
Status:  In Good Standing           Licensed:  8 Years
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Afton Eva Ball

Divorce & Family Law, DUI-DWI, Bankruptcy & Debt, Car Accident
Status:  In Good Standing           

Alexander Joshua Roth

Visa, Wrongful Termination, Divorce, Criminal
Status:  In Good Standing           Licensed:  8 Years

Amanda Lenning

Criminal, Federal Trial Practice, Toxic Mold & Tort, Corporate
Status:  In Good Standing           

Andrew T Billstein

Real Estate, Government Agencies, Wills & Probate, Criminal
Status:  In Good Standing           Licensed:  18 Years

Ariel Overstreet-Adkins

Divorce & Family Law, DUI-DWI, Bankruptcy & Debt, Car Accident
Status:  In Good Standing           Licensed:  5 Years

Ashley Harada

Criminal, Divorce & Family Law, Accident & Injury, Estate

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LEGAL TERMS

HOMICIDE

The killing of one human being by the act or omission of another. The term applies to all such killings, whether criminal or not. Homicide is considered noncrim... (more...)
The killing of one human being by the act or omission of another. The term applies to all such killings, whether criminal or not. Homicide is considered noncriminal in a number of situations, including deaths as the result of war and putting someone to death by the valid sentence of a court. Killing may also be legally justified or excused, as it is in cases of self-defense or when someone is killed by another person who is attempting to prevent a violent felony. Criminal homicide occurs when a person purposely, knowingly, recklessly or negligently causes the death of another. Murder and manslaughter are both examples of criminal homicide.

SELF-DEFENSE

An affirmative defense to a crime. Self-defense is the use of reasonable force to protect oneself from an aggressor. Self-defense shields a person from criminal... (more...)
An affirmative defense to a crime. Self-defense is the use of reasonable force to protect oneself from an aggressor. Self-defense shields a person from criminal liability for the harm inflicted on the aggressor. For example, a robbery victim who takes the robber's weapon and uses it against the robber during a struggle won't be liable for assault and battery since he can show that his action was reasonably necessary to protect himself from imminent harm.

NOLLE PROSEQUI

Latin for 'we shall no longer prosecute.' At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he will no longer pursue... (more...)
Latin for 'we shall no longer prosecute.' At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he will no longer pursue the matter. An entry of nolle prosequi may be made at any time after charges are brought and before a verdict is returned or a plea entered. Essentially, it is an admission on the part of the prosecution that some aspect of its case against the defendant has fallen apart. Most of the time, prosecutors need a judge's A1:C576 to 'nol-pros' a case. (See Federal Rule of Criminal Procedure 48a.) Abbreviated 'nol. pros.' or 'nol-pros.'

NOLO CONTENDERE

A plea entered by the defendant in response to being charged with a crime. If a defendant pleads nolo contendere, she neither admits nor denies that she committ... (more...)
A plea entered by the defendant in response to being charged with a crime. If a defendant pleads nolo contendere, she neither admits nor denies that she committed the crime, but agrees to a punishment (usually a fine or jail time) as if guilty. Usually, this type of plea is entered because it can't be used as an admission of guilt if a civil case is held after the criminal trial.

MOTION IN LIMINE

A request submitted to the court before trial in an attempt to exclude evidence from the proceedings. A motion in limine is usually made by a party when simply ... (more...)
A request submitted to the court before trial in an attempt to exclude evidence from the proceedings. A motion in limine is usually made by a party when simply the mention of the evidence would prejudice the jury against that party, even if the judge later instructed the jury to disregard the evidence. For example, if a defendant in a criminal trial were questioned and confessed to the crime without having been read his Miranda rights, his lawyer would file a motion in limine to keep evidence of the confession out of the trial.

MISTRIAL

A trial that ends prematurely and without a judgment, due either to a mistake that jeopardizes a party's right to a fair trial or to a jury that can't agree on ... (more...)
A trial that ends prematurely and without a judgment, due either to a mistake that jeopardizes a party's right to a fair trial or to a jury that can't agree on a verdict (a hung jury) If a judge declares a mistrial in a civil case, he or she will direct that the case be set for a new trial at a future date. Mistrials in criminal cases can result in a retrial, a plea bargain or a dismissal of the charges.

MISDEMEANOR

A crime, less serious than a felony, punishable by no more than one year in jail. Petty theft (of articles worth less than a certain amount), first-time drunk d... (more...)
A crime, less serious than a felony, punishable by no more than one year in jail. Petty theft (of articles worth less than a certain amount), first-time drunk driving and leaving the scene of an accident are all common misdemeanors.

OWN RECOGNIZANCE (OR)

A way the defendant can get out of jail, without paying bail, by promising to appear in court when next required to be there. Sometimes called 'personal recogni... (more...)
A way the defendant can get out of jail, without paying bail, by promising to appear in court when next required to be there. Sometimes called 'personal recognizance.' Only those with strong ties to the community, such as a steady job, local family and no history of failing to appear in court, are good candidates for 'OR' release. If the charge is very serious, however, OR may not be an option.

MENS REA

The mental component of criminal liability. To be guilty of most crimes, a defendant must have committed the criminal act (the actus reus) in a certain mental s... (more...)
The mental component of criminal liability. To be guilty of most crimes, a defendant must have committed the criminal act (the actus reus) in a certain mental state (the mens rea). The mens rea of robbery, for example, is the intent to permanently deprive the owner of his property.

SAMPLE LEGAL CASES

State v. McWilliams

... At about the same time, Johns and Curry each brought complaints against McWilliams in relation to the check transactions described above. ¶14 In February 2002, the State brought criminal charges against McWilliams for theft and issuing bad checks. ...

Whitlow v. State

... 05-128. Supreme Court of Montana. Submitted on Briefs February 23, 2006. Decided April 22, 2008. 862 For Appellant: Jeffrey T. Renz, Attorney at Law, Jason Lazark, Intern, Criminal Defense Clinic, University of Montana School of Law, Missoula, Montana. For Appellee: Hon. ...

State v. Rosling

... appeals from his conviction and sentence in the District Court for the First Judicial District, Lewis and Clark County, on charges of deliberate homicide, aggravated kidnapping, aggravated burglary, tampering with or fabricating physical evidence, and criminal possession of ...