When is it ok to give a Miranda Warning?

When is it ok to give a Miranda Warning?

Last week we went into when it is okay for an officer to not give a Miranda warning, which begs the question, what happens when a Miranda warning is possibly warranted but not given? The Fifth Amendment, U.S. Const. amend. V, and Mont. Const. art. II, 25 both provide...
Your Rights when Stopped by Police

Your Rights when Stopped by Police

Gas station faux legal advice – it is a thing and I don’t know how many times I have heard Joe Schmo in line “informing” the impatient crowd of their rights… or what about the endless legal advice floating through Flathead Facebook groups! I have touched upon this in...
Traffic Tickets and Habitual Offenders

Traffic Tickets and Habitual Offenders

It seems like we learned so many things in high school that have not been carried over in any sort of meaningful capacity later in life. Thank goodness for the in-depth analysis of Metamorphosis in junior year. I can now describe something as Kafkaesque and sound...
Made Whole Doctrine

Made Whole Doctrine

Let’s say the unthinkable happens and you are horribly injured in a motor vehicle accident. Thankfully, you are insured. You have dutifully been paying your insurance premiums for years. The time comes to discuss compensation for your loss; this could include medical...