Gallatin County Detention Center Criminal Court Process
Criminal Court Process for Gallatin County Montana
Gallatin County's criminal cases are centered in Bozeman, the county seat, where the Gallatin County Justice Center on South 16th Avenue houses both the District Court and the Justice Court. Misdemeanors and DUIs are heard by the Gallatin County Justice Court or, for offenses inside a city, by Bozeman Municipal Court or one of the smaller city courts in Belgrade, Three Forks, Manhattan or West Yellowstone. Felonies go to the District Court of the 18th Judicial District, which serves Gallatin County alone. The Gallatin County Attorney prosecutes, and adults who are held after arrest go to the Gallatin County Detention Center next to the Justice Center.
- Gallatin County Justice Court (a justice court of record), Gallatin County Justice Center, 515 South 16th Avenue, Suite 1100, Bozeman, MT 59715, (406) 582-2191
- Bozeman Municipal Court, 901 North Rouse Avenue, Suite 235, Bozeman, MT 59715, (406) 582-2040
- Clerk of District Court, Gallatin County (18th Judicial District), Gallatin County Justice Center, 515 South 16th Avenue, Room 1041, Bozeman, MT 59715, (406) 582-2165
- Gallatin County Attorney's Office, 502 South 19th Avenue, Suite 102, Bozeman, MT 59718, (406) 582-3745
- Office of the State Public Defender, Bozeman office, 77 Discovery Drive, Bozeman, MT 59718, (406) 582-2450
- Gallatin County Court Services (pretrial supervision and court-ordered monitoring), 1709 West College Street, Bozeman, MT 59715, (406) 582-3700
- Gallatin County Detention Center (Gallatin County Sheriff's Office), 605 South 16th Avenue, Bozeman, MT 59715, (406) 582-2130; Sheriff's Office (406) 582-2100
Which court hears your case. For a Gallatin County misdemeanor, the place it happened and the agency that charged it decide the court. A DUI, shoplifting or partner assault charge that Bozeman police bring inside city limits is prosecuted by the Bozeman city attorney in Bozeman Municipal Court; cases from inside Belgrade, Three Forks, Manhattan and West Yellowstone go to those cities' courts. Misdemeanors from Big Sky, Four Corners, Gallatin Gateway and the rest of the unincorporated county, along with most Sheriff and Highway Patrol cases, are prosecuted by the County Attorney in Gallatin County Justice Court. A felony usually begins with a first appearance in Justice Court for bail and counsel, then moves to the 18th Judicial District Court after a district judge grants the County Attorney leave to file an Information. Grand jury indictments are uncommon. Offenses inside Yellowstone National Park are a federal matter, described below.
Where pretrial detainees are held. Every adult arrested in Gallatin County who is not cited and released, whether by the Sheriff, Bozeman, Belgrade or Montana State University police, or the Highway Patrol, is booked into the Gallatin County Detention Center at 605 South 16th Avenue. The Sheriff's Office operates the jail, which houses people awaiting trial, people serving county sentences, and people waiting for transfer to the Department of Corrections. Call (406) 582-2130 to confirm custody, bail or visiting information.
- The courts in Bozeman and the rest of Gallatin County
- The first 48 hours after a Gallatin County arrest
- Inside the Gallatin County Detention Center
- Getting a public defender in Gallatin County
- Gallatin County Attorney's Office and diversion
- Treatment courts in Gallatin County
- Misdemeanor (for example, theft, a first DUI, partner or family member assault, criminal trespass)
- Felony (for example, burglary, felony theft, drug distribution, aggravated assault)
- Violent felony (for example, deliberate homicide, sexual intercourse without consent, robbery)
- Juveniles (under 18) arrested in Gallatin County
- Federal cases (U.S. District Court) from Gallatin County
The courts in Bozeman and the rest of Gallatin County
Gallatin County Justice Center, 515 South 16th Avenue. This building holds the 18th Judicial District Court, whose judges hear all felonies, Youth Court cases and appeals from the lower courts, and the office of the Clerk of District Court in Room 1041. The Gallatin County Justice Court, with its justices of the peace, is in Suite 1100 of the same building. The Justice Court is designated a court of record, which means its proceedings are recorded and an appeal to District Court is generally decided on that record rather than through a new trial.
Bozeman Municipal Court, 901 North Rouse Avenue. Located in the city's public safety building, the Municipal Court hears misdemeanors and ordinance violations committed inside Bozeman. The Bozeman city attorney's office prosecutes there, and the court also runs a DUI treatment court described below.
Other city courts. Belgrade, Three Forks, Manhattan and West Yellowstone each have a city court for offenses within their limits. Check your citation for the court name and call that court, or the Gallatin County Justice Court, if you are unsure where to appear.
When a Gallatin County lower court is not a court of record, an appeal generally gives the defendant a completely new trial in the 18th Judicial District Court. Appeal deadlines are short, so ask the clerk or your lawyer immediately after a judgment.
The first 48 hours after a Gallatin County arrest
- Booking on South 16th Avenue. Detention staff take fingerprints and a photograph, record personal information, store property and check for warrants and holds from other agencies.
- Schedule bail, if allowed. For many misdemeanors a standard bail amount is set by schedule. Posting it, in cash or through a commercial bail bond agent, gets the person out with a court date.
- Held for a judge. Felony arrests, partner or family member assault, some DUIs and most warrant arrests wait for a judge. Montana requires a first appearance without unnecessary delay, which in Gallatin County generally means within about 48 hours.
- Release decision. The judge sets bail or releases the person on recognizance. Conditions may include no contact with an alleged victim, no alcohol, no firearms, a curfew, or supervision by Gallatin County Court Services, which can include the 24/7 sobriety program and other monitoring. Violating a condition can lead to a new arrest and loss of release.
- The case is scheduled. A misdemeanor is set for a plea or pretrial hearing. A felony waits for the County Attorney's motion for leave to file an Information in District Court, followed by arraignment before an 18th District judge.
Family members trying to help should write down the booking number and the charges, ask the detention center whether bail has been set, and contact the State Public Defender's Bozeman office or a private attorney before the first appearance if possible.
Inside the Gallatin County Detention Center
The Gallatin County Sheriff's Office runs the county's adult jail at 605 South 16th Avenue in Bozeman, beside the Justice Center, so people in custody can be moved to court without leaving the campus. The facility holds pretrial defendants, people serving jail sentences imposed by the county's courts, and people awaiting transport to the Department of Corrections or Montana State Prison; it does not house inmates serving state prison time.
- Custody and bail questions: call the detention center at (406) 582-2130.
- Sheriff's Office administration: 677 Laura Louise Lane, Bozeman, MT 59718, (406) 582-2100.
- Visits, phones, mail and money: the detention center sets these rules and updates them from time to time, so confirm current procedures before visiting or sending funds.
- Holds: a person wanted on a warrant from another county or state, or on a federal detainer, may stay in custody even after Gallatin County bail is posted.
Getting a public defender in Gallatin County
Montana provides lawyers to people who cannot afford one through the Office of the State Public Defender. Its Bozeman office, at 77 Discovery Drive, (406) 582-2450, handles appointed cases in the 18th Judicial District Court, Youth Court, Gallatin County Justice Court, and the city courts, including Bozeman Municipal Court, whenever jail is a possible sentence.
How appointment works:
- At your first appearance, tell the judge you want a lawyer and cannot pay for one.
- Complete the financial application about income, expenses and assets.
- If you qualify, the judge orders the agency to assign counsel, and the Bozeman office contacts you or your attorney is introduced at the next hearing.
- When the office has a conflict, such as already representing a co-defendant, the agency's Conflict Defender Division, which also has a Bozeman office, assigns another lawyer.
If you are convicted, the court can order you to pay a fee toward the cost of your defense, scaled to what you can afford. Hiring a private attorney is always an option.
Gallatin County Attorney's Office and diversion
The elected Gallatin County Attorney leads a staff of deputy county attorneys and victim-witness personnel at 502 South 19th Avenue, Suite 102, (406) 582-3745. The office prosecutes every felony in the county, state misdemeanors in Gallatin County Justice Court, and Youth Court cases. Misdemeanors in Bozeman Municipal Court are handled by the Bozeman city attorney, and the other cities use their own prosecutors.
Plea negotiations. The vast majority of Gallatin County cases are resolved by agreement. Offers can include reducing a felony to a misdemeanor, dismissing some counts, or recommending a deferred or suspended sentence. Negotiations go through your lawyer.
Deferred prosecution and diversion. Montana law lets a prosecutor put a case on hold under a written agreement: the defendant completes conditions such as treatment, classes, restitution or community service over a set period, and the charge is dismissed at the end. In court, a judge can also grant a deferred sentence or, on a felony, a deferred imposition of sentence. Eligibility for any of these depends on the charge, criminal history, the facts and the victim's input.
Treatment courts in Gallatin County
Gallatin County Treatment Court (18th Judicial District). This is a voluntary, post-conviction program for adults with an identifiable substance use disorder, offered as an alternative to a traditional felony sentence. Applicants are screened before admission, and the program is designed to take about 18 months of treatment, drug and alcohol testing, supervision and regular hearings before a district judge. The court coordinator can be reached at (406) 582-3714.
BRIDGERS DUI Treatment Court (Bozeman Municipal Court). Bozeman Municipal Court operates a post-conviction DUI court for high-risk participants with second, third or aggravated DUI convictions. Participants commit to roughly 12 to 18 months of treatment, testing and court supervision, and the program can include medication-assisted treatment through local providers.
Admission to either program is not automatic and usually comes up during plea negotiations or at sentencing. Ask your defense attorney whether you may qualify.
Misdemeanor (for example, theft, a first DUI, partner or family member assault, criminal trespass)
Gallatin County's misdemeanor courts are busy, in part because of Bozeman's growth and the Montana State University student population. Most cases still follow a short, predictable track.
Arraignment and release
At the first appearance in Justice Court or the city court, the judge reads the charge, explains the maximum penalty and your rights to counsel and a jury, and sets release conditions. Commercial bail bonds are allowed in Montana. DUI defendants are commonly ordered into the 24/7 sobriety program or other alcohol monitoring through Gallatin County Court Services, and partner assault defendants receive no-contact orders.
Lawyer
If you could be jailed and cannot afford counsel, the court can appoint the State Public Defender's Bozeman office, (406) 582-2450.
After a not-guilty plea
The court sets a pretrial or omnibus-type conference, where many cases settle. A jury trial in a Montana misdemeanor case uses six jurors. Montana's speedy-trial rule for misdemeanors can require dismissal if a case is not brought to trial within the required time after a plea, unless the delay is excused.
Penalties
- Misdemeanor theft, covering property valued at no more than $1,500, can bring six months in the Bozeman jail and a fine as high as $1,500; first offenses often end with restitution and a deferred sentence.
- A first DUI: 24 hours to six months in jail, part of which can be suspended; a fine between $600 and $1,000; the ACT alcohol program; and suspension of the license for six months, though a probationary license may be granted. Aggravated DUI, including a breath or blood result of 0.16 or more, raises the penalties.
- Partner or family member assault: a first conviction carries 24 hours to one year in jail, a $100 to $1,000 fine and mandatory counseling; a third is a felony.
- Criminal trespass: generally up to six months and $500.
Fines, deferred and suspended sentences with conditions, and short jail terms are the usual outcomes. Most Gallatin County misdemeanors close in one to four months, though contested DUI cases can take longer.
Felony (for example, burglary, felony theft, drug distribution, aggravated assault)
Every felony in Gallatin County is prosecuted by the County Attorney and decided by a judge of the 18th Judicial District. Here is the path most cases take.
The Justice Court appearance. Shortly after arrest, a justice of the peace advises the defendant of the felony charge and rights, sets bail and conditions, and starts the public defender appointment. The defendant does not plead to the felony at this stage.
Charging by Information. The County Attorney files a motion for leave to file an Information in District Court with an affidavit setting out the facts. An 18th District judge decides whether the affidavit establishes probable cause. Once leave is granted and the Information filed, the case belongs to District Court.
Arraignment and omnibus. The defendant pleads before the district judge, and bail may be revisited. At the omnibus hearing the court sets the schedule, the parties identify motions such as requests to suppress evidence, and the defense gives notice of certain defenses.
Resolution. Most Gallatin County felonies end with a plea agreement. Trials are heard by 12 jurors who must agree unanimously. Speedy-trial claims are weighed under a constitutional balancing test, and a delay of about 200 days or more prompts a closer look.
Sentencing. After a guilty plea or verdict, state Probation and Parole usually prepares a presentence investigation report. Potential penalties:
- Felony theft (over $1,500): up to 10 years and a $50,000 fine.
- Burglary: up to 20 years and $50,000; up to 40 years if aggravated.
- Aggravated assault: a sentence of 2 to 20 years, with up to $50,000 in fines.
- Criminal distribution of dangerous drugs: can carry long prison terms, depending on the drug, the amount and prior history.
An 18th District judge can impose probation, suspend part or all of a sentence, or grant a deferred imposition of sentence that lets a first offender's felony be dismissed after probation. A prison-bound defendant may be committed to the Department of Corrections, which decides between prison, a prerelease center and community programs, or sentenced directly to Montana State Prison or Montana Women's Prison. Parole eligibility usually starts after roughly a quarter of the sentence. Felony cases in Bozeman commonly take six to twelve months.
Violent felony (for example, deliberate homicide, sexual intercourse without consent, robbery)
The most serious Gallatin County cases go through the same 18th Judicial District procedure as any other felony, with three differences: bail is usually very high, the evidence often involves forensic testing and expert witnesses, and the case takes far longer. Many defendants remain in the Gallatin County Detention Center until trial or plea.
Maximum penalties under Montana law:
- Deliberate homicide: death, life, or 10 to 100 years. Montana's death penalty remains in law, but no execution has occurred since 2006.
- Mitigated deliberate homicide: 2 to 40 years.
- Sexual intercourse without consent: 2 to 100 years or life depending on the circumstances, with mandatory minimum sentences for certain aggravated forms.
- Robbery: imprisonment for 2 to 40 years, and as much as $50,000 in fines.
- Weapon enhancement: 2 to 10 years added to the sentence.
The State Public Defender assigns attorneys qualified for major felony work to defendants who are eligible. Victims receive support from the County Attorney's victim-witness staff, and Montana statutes guarantee them notice of hearings and the chance to be heard at sentencing. A violent felony in Gallatin County frequently takes one to two years or more.
Juveniles (under 18) arrested in Gallatin County
A minor accused of an offense in Gallatin County is handled by Youth Court, a division of the 18th Judicial District Court operating under the Montana Youth Court Act. The case starts with juvenile probation. An officer reviews the referral, meets with the youth and family, and can often close a first or minor offense informally with conditions such as restitution, counseling, classes or community service. If the matter needs a court case, the Gallatin County Attorney files a Youth Court petition.
A youth who cannot safely be released is held in a licensed juvenile detention facility, not the adult detention center on South 16th Avenue. Gallatin County typically uses a regional juvenile detention center elsewhere in Montana, such as the Yellowstone County Youth Services Center in Billings or the Missoula County juvenile detention facility. The youth is entitled to a detention hearing within 24 hours, excluding weekends and legal holidays, and the State Public Defender's Bozeman office represents youths who qualify.
Youth Court dispositions include probation, treatment and out-of-home placement; boys the court commits to the Department of Corrections can be sent to Pine Hills Youth Correctional Facility in Miles City. For the most serious offenses, such as deliberate homicide or sexual intercourse without consent, the County Attorney can seek to prosecute a youth 12 or older in District Court, and certain other serious felonies can be filed there against 16- and 17-year-olds. Youth Court records are generally confidential.
Federal cases (U.S. District Court) from Gallatin County
Federal charges arising in Gallatin County are assigned to the Butte Division of the U.S. District Court for the District of Montana. That courthouse is the Mike Mansfield Federal Building and U.S. Courthouse, 400 North Main Street, Butte, MT 59701, (406) 782-0432, roughly 85 miles west of Bozeman over Homestake Pass.
Yellowstone National Park is different. The corner of Yellowstone National Park that lies in Gallatin County, near West Yellowstone, is assigned by federal statute to the District of Wyoming, which covers the entire park. Offenses committed inside the park are generally handled by the U.S. magistrate judge who sits at Mammoth Hot Springs, not by the Montana federal court or the Gallatin County courts.
What makes a Gallatin County case federal. Federal court becomes involved when a federal law is broken, usually after a federal investigation. Examples include fentanyl and methamphetamine trafficking (DEA, FBI and regional drug task forces), illegal firearm possession (ATF), wire and investment fraud, crimes against children online (Homeland Security Investigations), and offenses in the Custer Gallatin National Forest investigated by the U.S. Forest Service. A case can start with Bozeman police or the Sheriff and be adopted by federal prosecutors.
Federal offices. The Butte office of the U.S. Attorney is not staffed, so Gallatin County cases are generally prosecuted out of Helena (U.S. Attorney's Office, 901 Front St., Suite 1100, Helena, MT 59626, (406) 457-5120). Federal Defenders of Montana, through its Helena branch, represents defendants who cannot afford a lawyer, with CJA panel attorneys covering conflict cases. The U.S. Marshals Service can be reached at (406) 200-6004 about custody.
Steps in a federal case from Bozeman
- Initial appearance: before a U.S. magistrate judge, who explains the charge and appoints counsel if needed.
- Detention hearing: generally within three court days if prosecutors seek detention. A defendant who is not detained is released on conditions supervised by U.S. Probation and Pretrial Services. Bail bondsmen play no part.
- Indictment and arraignment: a case begun by complaint needs a grand jury indictment within 30 days of the arrest.
- Trial clock: the Speedy Trial Act sets 70 days, but extensions are common. Most federal cases end in plea agreements, and a trial requires a unanimous jury of 12.
- Sentencing: the judge considers a presentence report, the advisory U.S. Sentencing Guidelines and any mandatory minimum. Federal prisoners are not paroled and serve at least about 85 percent of their sentences in the Bureau of Prisons, followed by supervised release.
- Appeal: to the U.S. Court of Appeals for the Ninth Circuit.
Federal detainees. The Marshals choose where to house federal pretrial detainees from among Montana county jails that contract with them, so a person arrested in Gallatin County may be held in a distant facility. Families should call the Marshals for the current location and use the Bureau of Prisons inmate locator after sentencing. Juveniles from Gallatin County seldom end up in federal court.
This guide describes the general course of criminal cases in Gallatin County and is not legal advice. Anyone charged should talk to a defense attorney or request the State Public Defender's Bozeman office, (406) 582-2450. For District Court case questions, call the Clerk of District Court at (406) 582-2165.
Criminal Court Process for Gallatin County Montana
Gallatin County Montana Criminal Court System - Definitions
It might be helpful to define some words that will be used on this site, when explaining the Montana, Gallatin County Court System and how it works. The definitions on this site are for general information and not legal advice. It is always preferred to follow information given by your attorney or local authorities.
If you scroll down below this content, and the listing of the courts in Gallatin County, you will find a simple flowchart diagram and a video that will help you visualize the stages of the Criminal Court Process.
Arrest is when Montana, Gallatin County, or local police take a person into custody and start the legal process. The arrested person may or may not be immediately jailed.
In less serious crimes, the person may only be given a citation ordering that they appear in municipal or Gallatin County court on a certain date. In cases involving more serious crimes, the person is usually placed in Gallatin County jail until an arraignment, or a judge decides the next step.
Booking is when the sheriff or local police gather information such as the detainee’s name, address and why the person is being arrested. Booking also includes fingerprinting, criminal history, investigation and verification of identity. Bail for lower-level crimes may be set right after booking so the arrested has the opportunity to “bail or bond out” before being detained.
The prosecution, sometimes called “the government” or “the people” or “the state” is the side that press the charges and seeks punishment for the offense. These are attorneys that work for the state of Montana, Gallatin County or a city or town. The prosecuting attorney for the county or the district is called the County Attorney. A U.S. Attorney prosecutes federal cases.
Jurisdiction is an important term in the court system that means whether a court has the obligation or duty or right to handle a case. For example, if you run a red light in your town or city, a municipal court would likely have jurisdiction over your case, but the next town or city over would not have jurisdiction over your case. If you attempted to flee from police when they attempted to stop you after you ran the red light, it becomes a more serious crime, and the municipal court might not have jurisdiction so you might be assigned to a higher-level court that has jurisdiction over the more serious crime. Jurisdiction varies from state to state and sometimes county to county.
Arraignment is when a judge determines whether or not the charges are supported by the prosecution’s initial evidence and tells the arrested what they are charged with, and the person says whether they are guilty or not guilty. At this time, the person is called the defendant, and the opposing side is called the prosecution. If there is reason to believe that the arrested is guilty, the judge will set bail conditions or send the defendant to jail or release them ROR (release on recognizances). An arraignment is not a trial, and the defendant is entitled to a trial within a reasonable amount of time after the arraignment.
Bail is money paid that is held by the county or municipal court to make sure that the arrested does not flee the area before their trial. Bail amounts and other conditions are determined at the arraignment. Once the case is over, the bail money is returned to the defendant. If a person does not pay bail, they remain in jail until their trial.
Bail can be denied if the court feels that the arrested would be a danger to others if released. Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance without having to pay bail.
A bond proceeding is the determination of how much bail is to be paid and usually happens at the same time as an arraignment. During bond proceedings, the defendant can have an attorney present but does not have the right to an attorney. Jailors, law enforcement and prosecutors generally do not have authority to set bail. A judge or court officer in Gallatin County or municipal court sets bail. Judges in Montana rely on a statewide bail schedule, which sets out a recommended range of bail amounts for different offenses. Judges can still exercise discretion in setting bail above or below the recommended range.
It is always important to have family involvement after being arrested. Not only can they make calls and communicate on your behalf (not all bond companies will accept collect calls), but family support will show the court that there are people who will make sure that the defendant makes it to court, not only for the defendant’s own good, but because they may have signed bond paperwork and responsible to pay if the defendant does not show in court. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
(There have been phone scams to where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsman will not call asking for money without involvement of the arrested.)
Montana permits five types of bonds:
• By a deposit with the court of an amount equal to the required bail of cash, stocks, bonds, certificates of deposit, or other personal property approved by the court.
• By pledging real estate situated within the state with an unencumbered equity, not exempt, owned by the defendant or sureties at a value double the amount of the required bail.
• By posting a written undertaking executed by the defendant and by two sufficient sureties.
• By posting a commercial surety bond executed by the defendant and by a qualified agent for and on behalf of the surety company.
• By posting an offender's driver's license in lieu of bail if the summons describes a violation of any offense as provided in 61-5-214 and if the offender is the holder of an unexpired driver's license.”
A criminal defense attorney (also called lawyer or counsel) is hired or retained to represent the arrested as early as possible after the arrest.
If there is a chance that the case might go to trial and the defendant cannot afford an attorney, the 6th Amendment of the U.S. Constitution requires that the court provide an attorney. This is called indigent representation and a public defender or assigned attorney would represent the defendant in all proceedings. Indigent representation is only available misdemeanor and felony cases that could result in jail time, juvenile cases and certain appeal cases.
The Montana Office of the State Public Defender manages the indigent cases. Most of Montana is served by contracted attorneys and there are full time public defenders for the more populated areas. There is a $250 fee for misdemeanor cases and an $800 fee for felony cases. That’s if the person decides to plead guilty. If instead they choose to go to trial, they “shall” pay the cost to the state for their public defender’s work throughout trial. Many times, the public defender will make a motion to the court to drop the fees.
For less serious cases or civil cases, there are pro bono volunteers who volunteer legal services for free or for a small fee. They often will hold clinics to teach people how to represent themselves in court or expunge their record which means to legally erase or eliminate a criminal or arrest record from public view. This website provides contact information for pro bono services in Montana.
Many courts will provide forms and help for people who want to represent themselves, called pro se. Here is a link for legal self-help centers.
A district court can refer to the first level of the legal system, or a minor court. District courts are located in the community. A district court can also refer to a U.S. Federal District Court that hears federal cases. There is one U.S. federal district court in Montana, with offices throughout the state. It is important that you check the address of the court you are to appear in rather than to ask someone because that person might give you directions to the wrong “district” court. Being late to court can land you in custody as well.
Pretrial proceeding is the process where both sides (prosecution and defense) gather information, interview witnesses, request records, videos etc. Pretrial proceedings also include communications with the judge assigned to the case and these appearances are either in person or by on-line conferencing. Some pretrial proceedings may not require a defendant’s appearance, allowing an attorney to appear in their place. The information that is gathered is called discovery and both sides must share the information that they have gathered. This information does not include conversations between the arrested and their attorney.
Most cases do not go to trial because both sides reach a plea deal, where both sides try to reach a reasonable punishment based on what was learned in the pretrial proceedings. A plea deal can only happen if the accused person admits they are guilty in exchange for a lighter punishment. The reason they must admit guilt is because it would not be fair to punish someone who claims they are not guilty. There are times in plea bargaining when the prosecution agrees to give a lighter sentence in exchange for information leading to the arrest of more serious criminal related to the crime.
Trial is where both sides share their information in front of a judge or a judge and jury. After listening to all the evidence, the judge or jury decides the verdict which is whether if the person is guilty or not guilty. If a court has only a judge hearing both sides, it is called a bench trial. If a jury is selected, it is called a jury trial. If the defendant is found non-guilty, they are released. If they are found to be guilty, the next step is sentencing.
Sentencing is the punishment that the judge decides the person should get. This could be jail or prison time, fines, community service, probation, or a combination.
Appeal is asking for a higher court to hear the case again at an appellate court. If the accused person thinks something went wrong at trial or has new information that was not available during the trial or that the sentence is too harsh, the defense attorney can ask for an appeal. It is not unusual for an appeal when there is a long jail sentence, but an appeal can be denied if the appellate court feels that the original trial or sentencing was fair.
In Montana, the law doesn’t lay out different classes or levels of misdemeanors. It simply lists the maximum possible sentencing penalty for each crime in the same section of code that defines the crime. In addition, it describes what constitutes criminal mischief and tells you the maximum possible fine and jail time for a conviction.
A felony crime is a more serious crime than a misdemeanor and are divided into different classes which are general guidelines and are based on the crime, prior criminal history and other factors. Examples of felony crimes are murder, rape, theft, aggravated assault, drug trafficking, kidnapping and identity theft. Just like misdemeanors, Montana doesn’t lay out different classes or levels of felonies. It simply lists the maximum possible sentencing penalty for each crime in the same section of code that defines the crime. In addition, it describes what constitutes criminal mischief and tells you the maximum possible fine and jail time for a conviction.
The Gallatin County Clerk of Court is an elected official whose responsibilities for Criminal Court’s administrative issues include receiving criminal warrants, receiving bail, creating the trial schedule, receiving fees, fines and maintaining court records.
A warrant is used to get someone to appear in court or to law enforcement. There must be good reason to believe that the person is involved in a crime. The warrant gives authority to arrest the person and search for evidence for the investigation of the crime.
A criminal summons is issued to request that a person appear in court at a particular time and date. It does not involve an arrest. A traffic ticket, summary citation or lesser misdemeanor could be considered a summons if you are given a court date.
A summary citation, commonly referred to as a ticket, is a criminal summons by a law enforcement officer either in person or via mail accusing the defendant of a minor offense, stating potential fine, listing the court having jurisdiction and instructions for addressing the issue. Defendants may or may not be required to appear in court or handle the matter by entering a plea via mail.
Fines are usually paid to the District Court or clerk of court and payment methods can be found on the District Court or Gallatin County County Clerk of Court website. If you do not pay your fine on time, you can lose your driver’s license, have to pay additional fees or even have a warrant for your arrest. It is important to read the instructions on the ticket issued by the police officer or court at the time of your arrest. For a parking ticket or summary citation, the fine amount and how to send payment should be on the ticket.
Montana Criminal Court System - How it Works
City courts and six Municipal courts handle violations of municipal ordinances (city laws), traffic violations, parking violations and criminal misdemeanor offenses that occur within the city or towns police jurisdiction.
Justice courts handle similar cases as municipal courts in regions that may not have municipal courts. These courts can issue search and arrest warrants for felony crimes.
Yellowstone County has both a municipal court and a justice court.
District courts will hear a misdemeanor only if it is contained within a larger case that also has felony counts. District courts process felony cases from beginning to end. They can hear appeals from the city, municipal and justice courts. Juvenile cases are heard in district court with a special court for Juvenile Justice.
Specialty courts or treatment courts are being adopted in many states as a way to handle cases that involve non-violent and first-time offender cases in a way to where the offender can retain a job or responsibilities while following specific orders of the court as returned court appearances, periodic evaluations or testing for substances. Find out more about Montana Specialty Courts.
There are no Courts of Appeals in Montana. Instead, the Montana Supreme Court can supervise cases from district courts.
The Montana Supreme Court is like our United States’ Supreme Court because it has a panel of judges that rule on matters that have to do with someone’s constitutional rights or policies and laws. The Montana State Supreme Court deals with the state constitution or laws or policies. Sometimes the Supreme Court will hear criminal cases on appeal when there is question on the state laws or procedures that lead to the appeal.
The criminal cases are usually referred from the district courts of appeal.
FEDERAL COURT
Federal Court deals with crimes involving violations of United States laws. Federal crimes include federal drug trafficking, federal tax evasion and fraud that crossed state lines and include crimes that occur on federal property as post offices or federal buildings.
Cases involving crimes that involve the FBI or DEA or Immigration agencies are federal crimes. Terrorism is a federal crime.
There are some differences in the Federal court system as compared to the Montana state court system. For example, the attorneys who work for the courts are called United States Attorneys and Federal judges are called District Court Judges (not to be confused by local state district courts).
Federal Magistrate Judges hear the case early on, but they do not decide on the cases at a trial like the Federal District Court Judges. In a federal case, a grand jury is used for indictments.
There is one U.S. Federal Judicial District in Montana.
