Liberty County Jail Criminal Court Process

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Criminal Court Process for Liberty County Montana

Chester is the county seat of Liberty County, and nearly every criminal case in this Hi-Line county is handled in a few rooms there. Misdemeanors, DUI charges and first appearances on felonies go before the Liberty County Justice of the Peace, who is also Chester's city judge. Felony charges move up to the Twelfth Judicial District Court, a three-county district (Liberty, Hill, Chouteau) whose judge keeps chambers in Havre. The elected Liberty County Attorney handles prosecutions, and anyone not released is held by the Liberty County Sheriff's Office in Chester.

  • Liberty County Justice Court / Chester City Court (one judge for both), P.O. Box 161, Chester, MT 59522, (406) 759-5213
  • Liberty County Clerk of District Court (12th District), 111 1st St. E., P.O. Box 549, Chester, MT 59522, (406) 759-5615
  • Liberty County Attorney, P.O. Box 683, Chester, MT 59522, (406) 759-5174
  • State Public Defender (OPD), Havre (handles Liberty County appointments), 109 2nd St. W. (NW entrance), Havre, MT 59501, (406) 265-2199
  • Liberty County Sheriff's Office and jail, 30 Main St., P.O. Box 170, Chester, MT 59522, (406) 759-5171

Which court hears your case. One judge holds both the Liberty County Justice Court and Chester City Court, so a misdemeanor or first-offense DUI lands in front of the same bench whether the stop happened on a Chester street, near Joplin or out on U.S. Highway 2; only the case caption and, for a city ordinance charge, the prosecutor change. Felony cases usually open in that same courtroom too, for a first appearance and bail. They shift to the Twelfth Judicial District Court after the Liberty County Attorney gets a district judge's go-ahead to file an Information. A grand jury indictment would be highly unusual here.

Where pretrial detainees are held. Adults arrested in Liberty County by deputies or state troopers are booked at the Sheriff's Office in Chester. A person who cannot make bail may stay in the small county jail in Chester or be moved by the Sheriff to another county's facility under a boarding arrangement, so relatives should phone the Sheriff's Office at (406) 759-5171 to learn exactly where someone is and how to post bail.

Misdemeanor (for example, theft, a first DUI, partner or family member assault, criminal trespass)

Plenty of Liberty County misdemeanors begin with a ticket that names a court date, not a ride to Chester. When there is an arrest, the jailer can usually accept the amount listed on the court's bail schedule, and the person walks out within hours. Partner or family member assault is the main exception: the Chester judge normally sets that bail in person and adds a no-contact order.

Seeing the Chester judge

Montana law requires that a jailed person be brought to court without unnecessary delay, which generally works out to 48 hours or less. At that hearing the Chester judge goes over the accusation and the maximum sentence, covers the right to a lawyer, and chooses between release on recognizance, release with conditions, or a bail amount. A bail bond company can be used in Montana. DUI defendants are often ordered into twice-daily breath testing under the 24/7 Sobriety Program while their case is pending.

A public defender in Liberty County

When a jail sentence is possible and hiring a lawyer is out of reach, fill out the indigency application the court provides. Once the Liberty County judge approves it, OPD assigns counsel, most often from Havre, (406) 265-2199. A conviction can carry a small fee toward the cost of that defense.

What sentences look like in Chester

  • Theft ($1,500 or less): a ceiling of six months behind bars, with fines as high as $1,500.
  • DUI, first offense: one day minimum and six months maximum in jail, though much of that can be suspended; a fine between $600 and $1,000; the ACT alcohol class; and a six-month loss of driving privileges that can sometimes be eased with a probationary license. A test at .16 or higher is treated as aggravated DUI, with stiffer terms.
  • Partner or family member assault (PFMA), first conviction: one day to twelve months in jail, a fine from $100 up to $1,000, and court-ordered counseling. By the third PFMA conviction the charge becomes a felony.
  • Criminal trespass: generally ends with a fine, a suspended term, or a mix.

Many Liberty County cases close through a plea bargain, a deferred sentence that is later dismissed after the conditions are met, or a suspended jail term. A defendant who wants a trial has a six-member jury. The Chester court does not make a formal record, so an appeal starts over with a fresh trial in District Court. A Chester misdemeanor usually wraps up in one to four months.

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Felony (for example, burglary, felony theft, drug distribution, aggravated assault)

A felony arrest in Liberty County runs from the Chester justice court to the Twelfth Judicial District Court. The district judge divides time among Havre, Fort Benton and Chester, which means hearings in a Liberty file are sometimes set weeks apart.

  1. Booking, then the Justice of the Peace. The first hearing settles bail or conditions and gets the public defender paperwork started.
  2. Leave to file an Information. The Liberty County Attorney submits a motion and a sworn statement of the facts to a Twelfth District judge, who decides whether probable cause exists. That approval is how nearly all Montana felonies are formally charged.
  3. District Court arraignment. The defendant pleads, almost always not guilty at first, and can ask again about bail.
  4. Omnibus hearing. Lawyers tell the judge where discovery stands, what motions and defenses are coming, and when trial might happen.
  5. Resolution. Plea agreements end most felony files. A felony trial in the Twelfth District requires twelve jurors and a unanimous verdict.

Montana judges decide speedy-trial complaints by balancing several factors, and once 200 days or more have passed the court looks harder at the reasons. Sentencing ranges for these common charges:

  • Theft above $1,500: as much as ten years and a $50,000 fine.
  • Burglary: as much as twenty years and $50,000; aggravated burglary, up to forty years.
  • Aggravated assault: no less than two and no more than twenty years, plus as much as $50,000 in fines.
  • Dangerous drug distribution: can bring a lengthy prison sentence, depending on the substance and quantity.

First-time felony defendants from Liberty County sometimes get a deferred imposition of sentence; finish probation and the charge can be wiped out. Other outcomes include a suspended sentence, commitment to the Department of Corrections (which then picks a community program, prerelease center or prison, as DOC decides), or a direct sentence to Montana State Prison at Deer Lodge or, for women, Montana Women's Prison in Billings. Montana generally lets a prisoner seek parole after roughly a quarter of the term. Havre's public defenders stay on eligible cases from start to finish, and most Liberty County felonies wrap up in six to twelve months.

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Violent felony (for example, deliberate homicide, sexual intercourse without consent, robbery)

Liberty County sees few violent felonies, but any such case runs along the Twelfth District path above with much larger bail and stricter release terms. In a county this small, the County Attorney may bring in the state Justice Department's prosecution specialists to help try the case.

  • Deliberate homicide: the possible punishments are death, life, or a term from ten to one hundred years. The death penalty remains legal in Montana, though the state has carried out no execution since 2006. Mitigated deliberate homicide ranges from two to forty years.
  • Sexual intercourse without consent: this is Montana's term for rape. Depending on the circumstances, the range runs from two to one hundred years or life, with minimum terms required in certain situations.
  • Robbery: a two-year minimum, a forty-year maximum, and fines reaching $50,000.
  • Weapon enhancement: two to ten more years when a dangerous weapon was used.

Montana statutes give Liberty County crime victims notice of the major hearings and an opportunity to address the judge before sentence is pronounced. A violent felony case here can easily last a year or two, and sometimes longer. A defendant without money for counsel may request appointment of a Havre public defender, (406) 265-2199.

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Juveniles (under 18) arrested in Liberty County

A Liberty County youth accused of an offense comes before Youth Court, which in Liberty County means the Twelfth District judge sitting under Montana's Youth Court Act. A juvenile probation officer for the three-county district, (406) 265-5481, ext. 243, usually handles intake and can settle many first or minor incidents informally with conditions such as restitution, an apology letter or community service. When a formal case is needed, the Liberty County Attorney files a petition.

Youths who need secure custody are not held with adults in Chester. Liberty County is one of the north-central counties served by the Cascade County Juvenile Detention Center, 1600 26th St. S., Great Falls, MT 59405, (406) 454-6930. A detained Liberty County youth is owed a detention hearing within 24 hours, and weekends and legal holidays do not count toward that window. Youths in Liberty County cases are entitled to a public defender.

For a boy the court commits to the state, the usual destination is Pine Hills Youth Correctional Facility, located in Miles City. In the gravest cases, Liberty County's prosecutor can seek a Twelfth District judge's leave to bring charges in adult District Court; Montana allows that from age 12 for the most serious crimes (deliberate homicide is one), and, for 16- and 17-year-olds, a broader set of violent felonies. Youth Court files are generally confidential.

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Federal cases (U.S. District Court) from Liberty County

Liberty County touches the Canadian border, and now and then a case from its wheat country or the Whitlash crossing goes to federal court instead of Chester. Under Local Rule 1.2(c), Liberty County cases belong to the federal court's Great Falls Division (U.S. District Court, District of Montana). That division sits in the Missouri River Courthouse (125 Central Ave. W., Great Falls 59404), phone (406) 727-1922.

Why a Liberty County case might be federal

Federal agencies such as Customs and Border Protection, Homeland Security Investigations, the DEA, the FBI and the ATF bring these cases. Border smuggling and immigration charges, a felon caught with a gun, drug trafficking and fraud are typical. A case that began with a Liberty County deputy can be adopted by the U.S. Attorney, and the same conduct may be prosecuted by both Montana and the federal government.

Who is involved

  • Prosecution: U.S. Attorney's Office, Great Falls branch, 119 1st Ave. N., Ste. 300, (406) 761-7715.
  • Defense: Federal Defenders of Montana, whose main office is in Great Falls; if that office has a conflict, a private CJA panel attorney is appointed instead.
  • Custody and transport: U.S. Marshals Service, Great Falls, (406) 770-6360.

The federal timeline for a Liberty County defendant

The first stop is a U.S. magistrate judge. When prosecutors ask that the defendant be kept in custody, the magistrate typically takes up custody at a hearing no more than three court days later, and the Bail Reform Act lets the magistrate either detain the person or release them under conditions enforced by U.S. Probation and Pretrial Services; there are no bondsmen in federal court. For a case charged first by complaint, an indictment is due no more than 30 days after arrest, and arraignment follows. The Speedy Trial Act sets a 70-day target for trial, a clock that is often paused. Plea agreements resolve most cases; a trial is decided by twelve jurors who must all agree. A probation officer prepares a presentence report, and the judge sentences using the advisory guidelines and any mandatory minimum. Without federal parole, a prisoner typically serves at least 85% of the sentence with good-conduct credit, then a term of supervised release. Appeals are heard by the Ninth Circuit.

Locating someone held federally

Before trial, the Marshals board federal prisoners in contracting county jails across Montana, which can put a Liberty County defendant hundreds of miles from Chester; relatives can get the current location from the Marshals in Great Falls. Following sentencing, a person's federal prison assignment can be looked up through the Bureau of Prisons inmate locator. Juveniles are seldom charged in federal court.

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The information here outlines how criminal matters generally proceed in Liberty County and should not be relied on as legal advice. Call the State Public Defender's Havre staff at (406) 265-2199 about appointed counsel, or reach the Liberty County Clerk of District Court in Chester at (406) 759-5615 about a felony file.

Criminal Court Process for Liberty County Montana

Liberty 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, Liberty 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 Liberty 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, Liberty 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 Liberty County court on a certain date. In cases involving more serious crimes, the person is usually placed in Liberty 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, Liberty 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 Liberty 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 Liberty 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 Liberty 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.

Search for an Inmate or Active Arrest Warrant in Liberty County

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Every detail on this page is checked by hand, not scraped. This unofficial directory helps friends and family of incarcerated individuals find critical information — inmate lists, locations, bail resources, visitation hours, rules, and text, phone, email, and mail services — for jails, detention centers, and prisons across the United States.