Criminal Law

That depends on a number of considerations. If you are cited for a non-moving traffic offense and it will not effect your insurance rates, then the cost of an attorney may not be justified, specially if the fine is low and there is no possible jail time. If you are cited for a moving offense or driving under the influence of drugs or alcohol (DUI), you should retain an attorney because your fines and penalties, e.g., fines and jail/prison time, could be significant and have life long impacts on your career and ability to legally drive. If you are charged with a felony, you should definitely retain a Montana attorney.

If you have refused a breath alcohol test, your license will be suspended by operation of law for a period of 6 months to one year to for life if you have Commercial Drivers' License depending on your number of prior DUI convictions and refusals. If you are suspended, you will not be able to legally drive. Driving on a suspended drivers' license can carry jail time.

In addition to our Bozeman, Montana attorneys' critical review the prosecution's evidence and possible grounds to suppress (exclude) evidence, will appeal your drivers' license suspension in a Montana district court have stay your suspension so you can legally drive. Typically, we work with prosecutors to reinstate your drivers' license once the underlying DUI charge is resolved.

Most drivers believe they can refuse alcohol breath tests. That was the law for first time offenders of driving under the influence of drugs or alcohol (DUI). In 2025, the case of State v. Clinkenbeard changed the law for first time DUI offenders. Under State v. Clinkenbeard, law enforcement can now obtain a blood search warrant (blood warrant) for first time DUI offenders if an officer has probable cause to believe you are DUI. 2025 MT 54, ¶ 14, 421 Mont. 137, 565 P.3d 1259. For drivers that have one or more prior DUI convictions, an officer can apply for a blood warrant regardless of the person refusing a breath test. Short answer is you can refuse to give a breath sample, but law enforcement can apply for a blood warrant regardless of whether you refuse even if it's your first DUI offense or subsequent offense.

Our Bozeman, Montana attorneys will critically review the prosecution's evidence to determine if your breath or blood alcohol test results can be suppressed (excluded from evidence). If your alcohol results can be suppressed, then we can likely have your DUI charge dismissed.

You can refuse to take alcohol breath tests and field sobriety tests (Walk-and-Turn, One-Leg Stand, etc.) but law enforcement can still apply for a blood search warrant (blood warrant) regardless of whether you are a first time offender of driving under the influence of drugs or alcohol (DUI). If you refuse field sobriety tests, then law enforcement cannot administer the tests. Keep in mind, field sobriety tests give officers clues as to whether your are DUI, the more clues, the stronger the prosecution's case, the fewer clues, the weaker the prosecution's case.

Our Bozeman, Montana attorneys will diligently review the prosecution's evidence to determine if your breath or blood alcohol and field sobriety test results can be suppressed (excluded from evidence). If your breath alcohol and/or field test results can be suppressed, then we can likely have your DUI charge dismissed.

Cops can't stop you without particularized suspicion or probable cause. Law enforcement must have particularized suspicion or probable cause that you have committed, are committing or about to commit a crime or traffic offense in order to stop you. "Particularized suspicion" means an officer must observe specific objective facts on which the officer can believe your conduct meets the elements of a crime or traffic offense. Absent specific objective facts you have committed, are committing or about to commit a crime or traffic offense, an officer can't stop you; however, even if the officer stops you illegally (Unconstitutionally), you do not want to disobey the officer or you risk being charged with obstructing law enforcement. "Probable cause" means an officer observed facts that the officer can conclude your conduct meets the elements of a crime or traffic offense. Absent specific objective facts you have committed, are committing or about to commit a crime or traffic offense, law enforcement's stop is illegal (Unconstitutional), then the proper course is to fight your charge in a Montana court.

Our Bozeman, Montana attorneys will critically review the prosecution's evidence to determine if the stop was Unconstitutional (unlawful search and seizure). If the stop was illegal, we will file a motion to suppress (exclude) the prosecution's evidence. If the evidence against you is suppressed, then we can likely have your charge dismissed.

Yes. Under the 5th Amendment (Miranda Rights) you have a right to remain silent. If you answer questions, your answers will always be use against you by law enforcement and the prosecution. Typically, people are honest and answer law enforcement's questions in hopes the cops will be forgiving. That is never the case. As soon as you admit you had one or two alcoholic drinks, that gives a cop particularized suspicion that you are driving under the influence of drugs or alcohol (DUI) and a legal basis to conduct breath alcohol and field sobriety maneuver testing. Common cop questions are, "How much have you had to drink tonight? Where are you coming from? Where are you going?", etc. Do not admit you had anything to drink or at least refuse to answer incriminating questions. Always know the addresses of where you are coming from and where you are going. If you are not traveling from a bar and you know the addresses, that gives the cop less particularized suspicion that you are DUI.

Our Bozeman, Montana attorneys will diligently review the prosecution's evidence to determine if law enforcement's questioning of you violated your 5th Amendment right not to incriminate yourself, we will file a motion to suppress (exclude) your incriminating statements. If the evidence against you is suppressed, then we can likely have your charge dismissed.

If you are charged with a misdemeanor crime or traffic offense, you will be required to appear in a Montana justice court in the county where the offense occurred or in a Montana city court in the city limits where the offense occurred. Your citation will state a date and time that you must appear in court for your arraignment (initial appearance). FAILURE TO APPEAR ON OR BEFORE YOUR SCHEDULED ARRAIGNMENT MAY RESULT IN A WARRANT FOR YOUR ARREST. On your scheduled initial appearance date, show up early and check-in with the court clerk where you will be assigned to a courtroom. Dress in clean clothes, turn off your phone and remove any headwear. There will likely be a number of other people for arraignment present in the courtroom, including defense attorneys and prosecutors. When a judge enters the courtroom, stand until told to be seated. The judge will call you to the podium by case number and your name. Walk up to the podium. Address the judge respectfully, "yes, your honor", "no, your honor", etc. Speak only when spoken to and don't interrupt the judge. The judge will pronounce the charge against you and possible minimum and maximum penalties, then ask you how you wish to plead, "guilty" or "not guilty". You have an absolute right to plead not guilty and, by doing so, the court and prosecution are prohibited from holding that against you.

After you enter your "not guilty" plea, the judge will give the prosecution and you or your attorney an opportunity to argue your conditions of release (bail). You should be prepared in advance to argue reasons why your release conditions should be the least restrictive, e.g., release you on your own recognizance (without have to post a cash or surety bond), and then impose your conditions of release based on the judge's analysis such as the seriousness of alleged offense, public safety, flight risk, etc. For driving under the influence of drugs or alcohol offenses, courts often impose alcohol monitoring or ignition interlocks and for partner of family member assault charges GPS monitoring. Be prepared to post a cash bond, if possible, because a bail bondsman charges a fee of at least 10% of the bond amount and you don't get the fee back even when your bond is exonerated.

Finally the judge will set an omnibus (scheduling conference) hearing date. If your charge carries possible jail/prison time, you are entitled to be appointed a public defender by the court or you can retain a private attorney of your choosing. You should strictly comply will all conditions of your release. Failure to do so could result in the prosecution petitioning to revoke your release. If your release is revoked, the judge may increase your bond and conditions of release.

Our Montana attorneys will guide you through every step of your criminal case, from arraignment to trial. We will critically review the prosecution's evidence to determine if are grounds to suppress (excluded) evidence, file motions to exclude evidence and/or to dismiss your charge. If the prosecution's evidence is suppressed, then we can likely have your charge dismissed. If the prosecution's evidence shows guilt beyond a reasonable doubt, we negotiate the best possible plea agreement at the least expense to you.

Yes and no. Misdemeanor convictions for marijuana possession and misdemeanor crimes can be expunged. Felony convictions cannot be expunged. Expunging your conviction seals your case from public access; however, it does not delete your conviction from your criminal history background. Law enforcement will be able to access your conviction history even if it's expunged. That means if you want to have a career in law enforcement, federal intelligence, armed services, etc., you will need to be honest about your expunged conviction or risk being rejected for employment. For most other purposes, you can represent that you have not been convicted.

Our Bozeman attorneys can go one step further and petition a Montana district court to not only expunge your conviction but to order state and federal departments of justice to erase your conviction from your criminal background.