As a fourth generation Montanan, Mr. Miller brings local values together with a distinguished legal education to provide his clients the best defense possible. He believes in a client centered approach and will work to understand your personal goals for your case; he has handled every type of criminal and juvenile defense from traffic tickets to homicide.

There is no substitute for experience when you’re facing a criminal charge, and Mr. Miller has personally handled dozens of jury trials and spent thousands of hours in the courtroom. His experience will help him give you the best advice possible to achieve your objectives in court. He has a very successful record both at trial and in the negotiation of his clients’ cases.

NOTABLE CASES

State v. McNabb involved a client who was accused of felony Aggravated Assault and felony Assault with a Weapon.  McNabb’s roommates, a boyfriend and girlfriend, accused him of being sexually aggressive toward the female and punching her causing serious injury and additionally assaulting the male with a weapon.  By investigating quickly and thoroughly, Mr. Miller and his investigator were able to reveal that the two roommates had made the entire story up to hide their drinking and assaults against each other from their probation officers.  The defense convinced the State to drop the felony charges.

City of Missoula v. Galeazzi – A Missoula judge ruled that campus officers exceeded their authority by entering a student dorm room and asking the client to empty his pockets, where they found marijuana.  The judge agreed that the client did not consent to the search and there was no legal basis to support searching him against his will.   His marijuana possession charge was dismissed as a result of the judge’s ruling.

State v. Bootle – An out-of-state resident was charged with a felony DUI while traveling in Montana, which the State claimed was his 7^th offense.  After investigating the client’s prior criminal record, Mr. Miller was able to prove that some of those prior convictions didn’t actually exist, and in other cases that Montana law did not allow the convictions to increase the current charge to a felony.  The State agreed, and the judge reduced the charge to a 1^st offense DUI, a misdemeanor, which the client agreed should have been the correct charge from the beginning.

In State v. Walker, a man was accused of four separate sexual offense felony charges against his teenage stepdaughter and her friend.  The client vehemently denied all accusations.  The defense argued that the charges were fabricated by the girl and her friend to turn the stepdaughter’s mother against Walker and get him out of her life.  The judge granted Mr. Miller’s motion to dismiss two felony counts outright before the trial.  The defense then helped the client take his case before a jury on the remaining two counts.  Following a mistrial the judge ultimately dismissed all charges with prejudice.  After spending almost two years of his life in jail fighting to prove his innocence Mr. Walker was freed without any criminal convictions.

State v. Labbe – A client was charged with aggravated assault for allegedly strangling his 72-year-old sister during an altercation.  The sister suffered from dementia and the client denied any strangulation.  The State disclosed an expert witness shortly before trial to try to support their case.  Mr. Miller was able to counteract the State’s expert with a medical doctor who testified there was a total lack of corroborating physical evidence to show strangulation.  The jury found Mr. Labbe not guilty of the Aggravated Assault and only convicted him of a single misdemeanor for the physical altercation.

State v. K.B. – Mr. Miller persuaded a District Court judge that Montana’s laws regarding sexual and violent offender registration do not apply to juveniles.  As a result, the client could not be charged with felony Failure to Register even after turning 18 and reaching the age of majority.  The judge granted the defense motion to dismiss the charge.

State v. Notley – Mr. Miller’s client was accused of felony assault against his teenage daughter.  His case culminated in a hotly contested jury trial revolving around the difference between acceptable discipline and criminal behavior.  Three jurors wanted to consider only a less serious misdemeanor charge, but the other nine jurors refused to consider any criminal charges and maintained that Mr. Notley was innocent.  After a mistrial the case was dismissed with no criminal conviction.

In State v. Bruce, the District Court judge dismissed charges against a man accused of felony possession of marijuana.  The judge ruled that police officers had exceeded the scope of their search warrant, and on top of that they had obtained the client’s statements while conducting an illegal search in violation of his constitutional rights.  All evidence was thrown out and the State agreed to dismiss the case.

Practice Areas

Felony and Misdemeanor Criminal Defense; DUI; Juvenile Defense; Appeals and Post-Conviction.

Admitted

Montana Supreme Court and all State Courts in Montana; U.S. District Court, District of Montana; U.S. Court of Appeals, Ninth Circuit; United States Supreme Court

Law School

Harvard Law School, J.D., 2006

College

University of Montana, B.A., High Honors, 2003

Member

State Bar of Montana; National Association of Criminal Defense Lawyers (Life Member); Montana Association of Criminal Defense Lawyers

Biography

Harvard Prison Legal Assistance Project - President 2005-2006, staff member 2004-2005;  State Public Defender - Ravalli, Missoula, and Gallatin Counties 2006-2018 (three time Excellence Award recipient);  Harvard Negotiation Law Review.