My brother just went to court in Montana on Feb. 16th for violating his probation (again). I’m curious about the outcome. Is there a free way to search online for court rulings/sentencing?
Well, I know that Wisconsin keeps certain cases such as the above online. I would Google your state name and court for just such information. If you could post the state of the case, I’m sure it’d be more helpful.
The on-line availability of trial level court rulings/dispositions varies significantly from state to state and often from county to county. For instance, the New York court system has an on-line “e-courts” system that has a lot of things (though by no means all rulings) available.
It would appear that Montana does not have the same on-line access. The Montana Law Library would appear to be where they would have at least a link to any such system. They do not appear to have anything, and the [url=“http://www.lawlibrary.state.mt.us/dscgi/ds.py/Get/File-13374/A_Guide_to_Montana_Legal_Research.htm”]Guide to Montana Legal Research[/rul] does not seem to mention anything.
If you want to find out, you may want to call the clerk’s office for the district court for the county he was in.
Doh! :smack: I’ll try to read gooder next time.
With this post, I am probably aiming this thread toward another forum (Great Debates, IMHO or the Pit), but here goes. I found my brother’s mug shot and recent record in Montana online. It hasn’t been updated to show his most recent parole violation yet.
He has a long history of drunk driving violations (and probably assaults on a police officer, etc.) and has served several stints in prison. His sentences are usually suspended and then he goes out and offends again. He’s probably been arrested more than 20 times in several western states. Besides supporting him while in prison, our tax dollars pay for a number of public service programs for him each time he is released. Usually his job - which probably pays more than mine does - is waiting for him. He is always given another chance and I suppose this will continue until he - inevitably - kills an innocent family on the road.
Like Rush Limbaugh and a number of other conservative “Criminals/Drug Abusers Should Fry” types, he has little patience with others who break the law and put others at risk. Meanwhile, he is awash in self-pity and rationalization; blaming everything on the bad people who must have disliked him and turned him in.
I am appalled and disgusted and wonder when this will stop.
How far over the limit does he tend to be?
Not sure of the point of your question, Jojo. He is a psychotic-type alcoholic. One drink is too many and sets him off. That leads to many, many more. He’s had a few one-car collisions, drove into a ditch once, and I’m sure his blood alcohol level is staggering by the time he gets stopped. Then he tends to become violent. It’s truly amazing that he hasn’t killed anyone on the roads yet.
Here is the Montana Correctional Offender Network, which has records of convicted felons in the state of Montana. Don’t know if your brother fits in that catagory, but it is a place to start.
If you have an idea what court he’d be in (f’rinstance, if you know his home county), the best bet is to call the clerk’s office there. Court records are usually public information and if they have anything they’ll probably be willing to send it to you for a nominal copying charge.
–Cliffy
What **Cliffy **said. Few trial level courts have their records available online. Fewer offer unrestricted, free access. But most court clerks are chatty and love to help. Let them.
Sorry missed this when I posted before.
Smart money is on exactly that result.
What? The blaming and rationization, the drunken driving, or the lenience?
I was just trying to gauge the size of the problem. Where does he get the car from (presumably he’s banned from driving)? Is he open to discussion of the issue? Can he not see that he is getting into increasing amounts of trouble? If he owns the car, could he be persuaded to either sell it or at least give the keys to someone else (maybe you)?
Jojo, the problem is enormous and yes, he is well aware that he has an enormous problem. He’s very articulate about it. He’s gone through some of the best programs in the country I believe, and knows all the lingo. Interestingly enough, I believe they keep giving him back his driver’s lincense too, when he gets out of prison. And in Montana, they don’t take a man’s truck away from 'im. Thankfully, I don’t live nearby and I wouldn’t want to be the person to try to get his keys away from him, either.
Gfactor:
All of the above. Truthfully, I don’t know what the solution is. Lock him up and throw away the keys?? Do we really want our jails and prisons full of people with substance abuse issues? I don’t think so. But I’m at a loss here.
I don’t think AA or most other addiction programs address strongly enough the tendency of substance abusers to blame these problems on everyone else and not feel responsible for their own actions while drunk/stoned. I do believe that alcoholism is a “disease” (and one that happens to run in our family) in the sense that some people are born with a predispostion to this. My brother, like other members of my family who are affected, respond completely differently to alcohol than those of us who didn’t get this “gene.” They become melancholy, resentful, then angry, aggressive and hyperactive. No mellowing occurs. Everything is later blacked out. So then what? Repeatedly hearing that they have a “disease” feeds the rationalization that they are not responsible for their own actions that hurt others.
This is not the same as diabetes or cancer. He was born with the predisposition to alcoholism, but he also clearly has mental problems that need to be addressed before he can take charge of his life and combat this problem. I’ve worked with heroin addicts and they face similar challenges. Many of them are really bright, creative people. Some of my colleagues say that they should not be “stigmatized,” judged or forced underground, because they will never get treatment. I agree for the most part, and on some level am just glad I didn’t inherit (genetically or environmentally) a substance abuse problem. I don’t agree with my colleagues who say that drug/alcohol addiction is a “victimless” crime. Tell that to anyone who grew up with an alcoholic parent, has been heartbroken again and again by an addicted sibling or other loved one, or been maimed on the road by a drunk.
I think you’ve put your finger on the problem. Society must balance a few competing claims in order to solve the problem, and no matter what solution is offered, at least one claimant will be unhappy.
We’ve got:
- Individual rights: It’s not fair to lock me up and take away my privileges.
- Public safety: We don’t want you on the road, and we don’t trust you to stay off of it.
- Penal policy: The punishment should fit the crime. And prison are already too crowded.
- Societal rights: We fought for our right to party. A few bad apples should not spoil it for all of us who can handle our high.
- The rehab/psych complex: These people have a disease and need treatment.
Among others. I’m sure there are many, many more.
I started a new thread in IMHO about the causes and solutions re. alcoholism/addiction, drunk driving, etc. I’m interested in hearing anything from a scientific, personal experience or even opinion perspective. I posted a link to this thread, so maybe discussion on topics beyond “how to find court records online” can carry on over there.
Back to the OP for a minute. Here is a great resource for finding the court records that are available online.
I called the County Clerk of Courts in the county my brother lives in. I found out he first pled “not-guilty” and then changed his plea to “guilty” to the charges of DUI and criminal mischief. Sentencing is in March. Ought to be interesting to see what they decide to do with him this time.
I’ve been posting about this in my other thread in IMHO, but wanted to just add this latest update here. I just found an article online that appeared in the Montana local paper the same day my brother was seen in court there. It was a story about the weekend DUI arrest of the same judge who has ruled over my brother every time (usually giving him reduced or suspended sentences).