Legal Question in Criminal Law in Montana

unjustly procecuted?

I know of a person that was sentenced by a justice of the peace that he had gotten in a fight with her son. I think that she have turned the case over to someone else. However she didnt...and gave him the full sentence on everything. Is there some way we could have this investaged?


Asked on 6/13/01, 2:40 pm

1 Answer from Attorneys
Mark Sullivan Mark R. Sullivan - Attorney at Law

Re: unjustly procecuted?

The only way this person could have been sentenced is if he (or she) pleaded guilty or was found guilty after a trial. The person could have and should have objected to the judge. There is no appeal from a plea of guilty in a lower court in Montana, but in this case the person might succeed if he filed a motion to set aside the verdict and allege a conflict. Probably an attorney's help and services will be required. Good Luck!

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Answered on 7/02/01, 4:12 pm


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