Judith Basin County Jail Criminal Court Process
Criminal Court Process for Judith Basin County Montana
In Judith Basin County, all criminal courts are under one roof: the county courthouse at 91 Third Street North in Stanford, the county seat. A single judge serves as both justice of the peace and city judge, hearing misdemeanors, DUI cases and the first stage of felony cases. The District Court of the Tenth Judicial District handles felonies; that district also covers Fergus and Petroleum counties. The Judith Basin County Attorney files state charges, and because the county does not operate a jail, the Sheriff arranges for detainees to be housed elsewhere.
- Justice Court for Judith Basin County (one judge handles both justice and city cases), 91 North 3rd Street, P.O. Box 339, Stanford, MT 59479, (406) 566-2277, ext. 120
- Clerk of District Court, Judith Basin County (Tenth Judicial District), 91 North 3rd Street, ground floor, P.O. Box 427, Stanford, MT 59479, (406) 566-2277, option 6
- Judith Basin County Attorney, P.O. Box 427, Stanford, MT 59479, (406) 566-2277, ext. 115
- State Public Defender (OPD), Lewistown regional office (covers the Tenth Judicial District), 505 W. Main St., Lewistown, MT 59457, phone (406) 535-3703
- Judith Basin County Sheriff's Office (places detainees at the jail that serves the county), 91 Third Street North, Stanford, MT 59479, dispatch (406) 566-2212
Which court hears your case. Whether the offense happened in Stanford, Hobson, Geyser or out on U.S. Highway 87, a misdemeanor in Judith Basin County goes before the Stanford courthouse's justice of the peace, who also acts as city judge. That includes a first DUI, petty shoplifting, a first family assault charge and criminal trespass. A felony is first addressed by that same judge at an initial appearance, then charged in the Tenth Judicial District Court after a district judge accepts the County Attorney's Information. Montana rarely uses grand juries.
Where pretrial detainees are held. Judith Basin County has no detention center of its own. Anyone arrested here who stays in custody is transported to the jail that serves Judith Basin County under the Sheriff's housing arrangements, typically a detention center in a nearby larger county, which can mean a trip of an hour or more from Stanford. Families can call the Sheriff's dispatch at (406) 566-2212 or the Sheriff's Office at (406) 566-2277, ext. 210, to learn where someone is held and how to post bail.
- 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 Judith Basin County
- Federal cases (U.S. District Court) from Judith Basin County
1. Misdemeanor (for example, theft, a first DUI, partner or family member assault, criminal trespass)
Because Judith Basin County has no jail, deputies frequently resolve minor offenses with a citation and a court date rather than an arrest. A person who is taken into custody, most often for DUI or a family assault, is booked and may post bail under the schedule. If not released, the person is held at the jail serving the county until seeing the Stanford judge, which must happen without unnecessary delay and is generally within about 48 hours.
The Stanford judge's first job is to explain the charge, its possible punishment and the right to counsel, then decide on release. Release may come on recognizance or on bail, which can be paid in cash or by a commercial bondsman, and the Stanford judge can attach conditions like abstaining from alcohol, enrolling in 24/7 sobriety testing, or staying away from the alleged victim.
To get a public defender, a defendant facing possible jail completes an application showing that he or she cannot afford a lawyer. The judge decides eligibility, and an attorney is assigned out of OPD's Lewistown office, (406) 535-3703. A fee for that service may be imposed at sentencing.
Sentencing ranges in Stanford's justice court
- Misdemeanor theft ($1,500 or less in value): no more than 6 months in jail, with a fine of up to $1,500.
- Partner or family member assault, first offense: between 24 hours and 12 months of jail, fines ranging from $100 up to $1,000, and counseling ordered by the judge. The third conviction is a felony.
- First DUI: a jail sentence of 24 hours to 6 months, some of which may be suspended, $600 to $1,000 in fines, and the ACT program; the license is suspended for half a year, though a probationary license is sometimes allowed. An aggravated DUI, for example a .16 or higher test result, increases the penalties.
- Criminal trespass: generally treated as a standard misdemeanor, with a ceiling of half a year in jail and $500.
Trials in the Judith Basin County Justice Court use six jurors. Stanford cases commonly finish with a plea and either a fine, probation under a suspended sentence, or a deferred sentence that later leads to dismissal. Since no formal record is kept in Stanford's justice court, appealing a misdemeanor means a new trial in the Tenth Judicial District Court. Misdemeanors usually take one to four months.
2. Felony (for example, burglary, felony theft, drug distribution, aggravated assault)
Felony cases in Judith Basin County are relatively few, and they follow Montana's standard sequence.
From Stanford justice court to the Tenth Judicial District
The initial appearance usually happens before the justice of the peace, who reads the felony complaint, sets bail and conditions, and accepts the public defender application. No plea is entered. Next, the Judith Basin County Attorney seeks a Tenth District judge's leave to file an Information, supported by a sworn affidavit. A probable-cause finding by the judge clears the way to file, and the case then moves to district court.
District court hearings
Arraignment, where the plea is entered, is followed by an omnibus hearing that sorts out discovery, defenses, witness disclosures and motion deadlines. Many felony cases settle with a plea agreement at or after this point. A trial requires 12 jurors and a unanimous verdict. Speedy trial objections are resolved with a balancing test; once the delay passes about 200 days, courts look harder at the reasons. The Lewistown public defender office continues representing eligible clients through sentencing.
What a conviction can mean
Felony theft (above $1,500) is punishable by as long as 10 years and as much as $50,000. Burglary has a 20-year maximum and the same fine ceiling, and aggravated burglary can reach 40 years. Aggravated assault calls for a prison term of 2 to 20 years and permits a $50,000 fine. Convictions for distributing dangerous drugs can result in long prison sentences. After a presentence investigation, the judge may place the defendant in Department of Corrections custody, order time at one of the state prisons, or place the person on probation under a suspended or deferred sentence. For many first-time offenders, a deferred imposition of sentence is the result, and the charge is dismissed when probation ends successfully. A prisoner usually becomes eligible to seek parole after a fourth of the term. Felonies from Judith Basin County commonly take six to twelve months.
3. Violent felony (for example, deliberate homicide, sexual intercourse without consent, robbery)
When a violent felony is charged in Judith Basin County, the Tenth Judicial District Court handles it through the same Information, arraignment and omnibus steps as any felony. A small county attorney's office may call on the Montana Attorney General's prosecutors for help with a homicide. Bail is usually substantial, and many defendants are held at the jail serving the county for the duration of the case.
- Deliberate homicide carries a range of 10 to 100 years, life, or the death penalty. Montana's last execution took place in 2006.
- Mitigated deliberate homicide brings a range of 2 to 40 years.
- Sexual intercourse without consent is punished more severely when the victim is young or injured, with terms running from 2 to 100 years or up to life, and some versions have mandatory minimum terms.
- Robbery is subject to 2 to 40 years plus fines that can reach $50,000.
- Weapon use during a crime can add 2 to 10 years.
By statute, victims are entitled to be kept informed of court dates and to be heard before sentence is imposed. Eligible defendants receive counsel from the State Public Defender or a conflict lawyer. Violent felony cases often take one to two years, and longer when expert testimony or forensic analysis is involved.
4. Juveniles (under 18) arrested in Judith Basin County
When a Judith Basin County youth is accused of breaking the law, the Tenth Judicial District's Youth Court takes the case and applies the Montana Youth Court Act. A juvenile probation officer screens the referral and, for many first or lesser offenses, works out an informal resolution such as restitution, counseling or community service. More serious matters proceed by a petition that the Judith Basin County Attorney files. The State Public Defender's Lewistown office provides lawyers for youths who qualify.
Most young people are released to their parents. With no juvenile facility in the county, a youth who needs secure custody is usually driven to a licensed regional detention center for juveniles in a larger city, such as Great Falls or Billings. A detained youth's hearing must come within a day, setting aside weekends and legal holidays.
The Youth Court may order probation, treatment, an out-of-home placement or state commitment; a committed boy may be sent to the Pine Hills facility in Miles City. Adult court is possible only at the top of the scale: at the County Attorney's request, a youth of 12 or more charged with something like deliberate homicide, or one of 16 or 17 accused of another listed violent felony, can be prosecuted in district court.
5. Federal cases (U.S. District Court) from Judith Basin County
Federal charges arising in Judith Basin County are heard in Great Falls by the federal district court's division there, a little over an hour west of Stanford. The courthouse is the Missouri River Courthouse at 125 Central Ave. W., Great Falls 59404; the clerk's phone is (406) 727-1922. A conviction can be appealed to the Ninth Circuit.
A case from Judith Basin County becomes federal when it violates a federal statute and federal agents or prosecutors take it on. Typical examples are drug distribution investigated by the DEA, firearms offenses handled by the ATF, fraud or threats investigated by the FBI, and offenses in the Little Belt Mountains portion of the national forest investigated by the U.S. Forest Service. State and federal prosecutors may each charge the same act.
Offices you may deal with: the U.S. Attorney's Great Falls office (119 First Avenue North, Suite 300; (406) 761-7715), which prosecutes; the Great Falls headquarters of the Federal Defenders of Montana, which defends those who cannot pay a lawyer (CJA panel attorneys take conflict cases); and the U.S. Marshals Service in Great Falls ((406) 770-6360), which handles custody.
The federal process at a glance:
- First appearance: before a U.S. magistrate judge, soon after arrest or on a summons.
- Detention: if the government seeks it, a hearing usually within three court days; otherwise, U.S. Probation and Pretrial Services supervises release conditions, and no bail bondsmen are involved.
- Indictment: when a complaint started the case, a grand jury has to return charges no later than 30 days after arrest; arraignment comes next.
- Trial timing: the Speedy Trial Act's 70 days, routinely extended; most cases end with a plea agreement, and any jury verdict requires all 12 jurors.
- Sentencing: after a presentence report, under the advisory U.S. Sentencing Guidelines and any applicable mandatory minimum.
- Prison and release: no parole; about 85% of the sentence, at minimum, is served in the Bureau of Prisons with good-conduct credit, and supervised release follows.
Before trial, the Marshals assign Judith Basin County federal detainees to contract jails around Montana, sometimes far from home; family members can call the Great Falls Marshals office to find out where. Sentenced people can be traced with the Bureau of Prisons inmate locator. Prosecutions of juveniles in federal court are uncommon.
Nothing on this page is legal advice; it is a general description of how criminal cases usually move through the courts in Judith Basin County. If you have been charged, talk with a criminal defense lawyer or ask the Stanford court to appoint a lawyer through the public defender agency's Lewistown office, (406) 535-3703. For district court filings, call the Clerk at (406) 566-2277.
Criminal Court Process for Judith Basin County Montana
Judith Basin 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, Judith Basin 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 Judith Basin 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, Judith Basin 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 Judith Basin County court on a certain date. In cases involving more serious crimes, the person is usually placed in Judith Basin 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, Judith Basin 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 Judith Basin 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 Judith Basin 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 Judith Basin 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.
