Criminal Law

Cavallini West’s criminal defense attorneys provide legal services related to all aspects of criminal charges in Montana.

We understand that a criminal charge or citation can mean different things for different people and we provide a tailored and client centered approach to the resolution of your case. Our Bozeman criminal defense lawyers have years of experience in the courtroom, including countless trials. 

DUI and Traffic Offenses:

Driving is essential in Montana. Our team has extensive experience in all aspects of traffic related offenses from driver's license suspensions to moving violations to DUI trials. We can help you navigate the complicated legal system, in and out of the courtroom. 

Criminal Defense:

Our Bozeman-based attorneys have experience with nearly every type of criminal matter, including misdemeanor and felony drug charges, domestic violence allegations, and assaults. Our experience will guide you through the pretrial process, advocate for you at trial, and we specialize sentencing mitigation, when necessary. 

Post Conviction:

Even after a criminal case has ended, there can be lasting consequences. Our criminal defense team can help you explore options of expungement, revocation of sentences, deferred dismissals, and other related issues. 

Youth and Juvenile Offenses:

Youth charged with criminal offenses are treated differently under the law, for obvious reasons. The implications of these types of offenses can be significant on the youth's future. At Cavallini West, we understand the process and can support a young person through the process while keeping that person's future in the forefront of the advocacy. 

Meet Your Criminal Defense Attorney: Brigitte Carneal

Bozeman criminal defense attorney Brigitte Carneal is a dedicated advocate with over 12 years of experience as a Montana criminal defense attorney. At the core of Brigitte’s practice is a sense of compassion for her clients and their families, which has led to Brigitte growing her practice to including supporting families in guardianships, dissolution, and parenting matters.

With extensive courtroom experience, Brigitte relishes the opportunity to advocate for her clients in court, where her years of practice have honed her skills in litigation and defense.

Brigitte is a member of the Gall Co Bar Association and Montana Association of Criminal Defense Lawyers (MTACDL). 

Frequently Asked Questions

  • In Montana, DUIs will remain on your record for your life time. There is no ability to receive a deferred imposition of sentence on a DUI. However, all Montanans are eligible to have one previous conviction expunged from their record in their lifetimes, which could include a DUI.

  • Expunging a conviction is to remove it from your criminal record.

  • Expungement of many misdemeanors are presumed, but not a DUI expungement. In deciding whether to allow for expungement of a DUI, the judge is supposed to consider how old you were when you got your DUI; how much time has elapsed since your DUI; any rehabilitation you have done; the likelihood that you will commit another offense; and other factors.

  • An aggravated DUI is a DUI with an aggravating circumstance. An aggravated DUI is a misdemeanor in Montana, though it has higher penalties than a DUI. In Montana, those aggravating circumstances are:

    • the driver's BAC is over a .16

    • the driver has a pending DUI offense

    • the driver's license is suspended or revoked for a DUI related offense or

    • the driver's license is suspending for a previous refusal to provided a breathe sample in a DUI investigation.

  • A DUI becomes a felony if the defendant has 3 previous convictions for DUI in their lifetime or if certain conditions exist when during the DUI, such as having a child in the car or causing the death of another.

  • After you receive your first DUI in Montana, you will have to appear before the judge and enter a plea of guilty or not guilty. If you enter a not guilty plea, you will have the chance to talk to an attorney about any defenses or mitigating information that be relevant. You can also get more information about the likely outcomes in the jurisdiction and court where you were charged. If you plead guilty, the judge will impose a sentence for a DUI. You may or may not have the opportunity to provide information or mitigating information prior to receiving your sentence.

  • In Montana, you can be charged with a DUI for driving while being under the influence of drugs and/or alcohol, but you can also be charged with driving with .08 BAC or with more than 5 ng/ml of THC in your blood. These latter offenses are referred to as "DUI Per Se". The potential penalties for these offenses are slightly different. Specifically, a DUI conviction has a mandatory minimum of 24 consecutive hours in jail, which means that if you bonded out of jail, you may have to return for a full 24 hours. A DUI Per Se does not have a minimum jail sentence. In addition to jail time, both types of DUI require the following penalties: a fine, a suspension of your driver's license (you may be eligible for a probationary license), a requirement to complete an alcohol course and assessment, and the conditions that you not consume alcohol or break the law. The likely consequences can be very different, depending on your judge or court. A lawyer can assist you in being prepared for the likely sentence.

Are you facing Criminal Charges?

Get in touch today to see how we can help.