Powell County Detention Facility Criminal Court Process
Criminal Court Process for Powell County Montana
Deer Lodge is the county seat of Powell County, and the courthouse at 409 Missouri Avenue holds the justice court, the district court clerk and the County Attorney's office. Misdemeanor and DUI cases, plus the opening hearing on felonies, are handled by the Powell County Justice Court. Felonies go to the Third Judicial District Court, which Powell County shares with Anaconda-Deer Lodge and Granite counties. The Powell County Attorney prosecutes state charges, and adults who are not released after arrest are held in the detention facility run by the Powell County Sheriff's Office on Fourth Street. Montana State Prison also sits just outside Deer Lodge, which shapes the local caseload.
- Powell County Justice Court, Powell County Courthouse, 409 Missouri Avenue, Deer Lodge, MT 59722, (406) 846-9793
- Clerk of District Court, Powell County (Third Judicial District), 409 Missouri Avenue, Suite 302, Deer Lodge, MT 59722, (406) 846-9787
- Powell County Attorney, 409 Missouri Avenue, Suite 301, Deer Lodge, MT 59722, (406) 846-9790
- Office of the State Public Defender, Region 5 (Butte), which covers Powell County; agency offices at 44 West Park Street, Butte, MT 59701, (406) 496-6080
- Powell County Sheriff's Office and Detention Facility, 313 Fourth Street, Deer Lodge, MT 59722, (406) 846-1650
Which court hears your case. County misdemeanors, including a DUI on Interstate 90, a shoplifting charge in Deer Lodge or a partner assault call in Helmville or Avon, are heard in the Powell County Justice Court and prosecuted by the County Attorney. An offense charged by the City of Deer Lodge under its own ordinances may instead go before the city's judge, with the city attorney prosecuting. Felonies open with an initial appearance in justice court and proceed in the Third Judicial District Court when a Third District judge approves the County Attorney's request to file an Information. The Third District's judges also sit in Anaconda and Philipsburg. Indictment by a grand jury is legally possible but very unusual in Powell County.
Where pretrial detainees are held. People arrested in Powell County by deputies, Deer Lodge police or the Highway Patrol who are not released are booked into the detention facility operated by the Powell County Sheriff's Office at 313 Fourth Street. Video visits take place at the kiosk in the Sheriff's Office lobby on Sundays, and inmates can use a contracted phone, video and messaging service. Mail for commissary purposes goes to the Fourth Street address. To check on a detainee, bail or visiting, call the Sheriff's Office at (406) 846-1650. Prisoners already serving state sentences at Montana State Prison remain in Department of Corrections custody, not the county jail, even when they face new charges in Powell 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 Powell County
- Federal cases (U.S. District Court) from Powell County
Misdemeanor (for example, theft, a first DUI, partner or family member assault, criminal trespass)
In Powell County a misdemeanor is handled from start to finish in the courthouse on Missouri Avenue. Unless a statute specifies otherwise, Montana limits a misdemeanor sentence to six months in jail and a $500 fine.
Release before court. Officers often cite and release for minor violations. When someone is arrested and booked at the Fourth Street jail, a standard bail amount from the court's schedule may let the person leave right away; bail can be posted in cash or through a commercial bondsman, which Montana permits. Certain arrests, such as partner or family member assault, generally wait for a judge to set conditions.
The initial appearance. Anyone held must be brought before a judge without unnecessary delay, generally within 48 hours. The Powell County justice of the peace reviews the charge and the possible penalty, informs the defendant of the right to counsel, takes a plea or sets a later date, and decides on release. Typical conditions include no alcohol, no contact with the alleged victim and, for alcohol-related charges, the 24/7 sobriety program. When a defendant lacks money for a lawyer, the judge may assign the case to Region 5 public defenders; the agency's number is (406) 496-6080.
Sentences on frequent Powell County charges.
- Misdemeanor theft, meaning goods or money valued at no more than $1,500: as long as six months in the Fourth Street jail, as much as $1,500 in fines, and repayment to the victim.
- First DUI in Powell County: a jail range starting at 24 hours and capped at six months, with suspension of part possible, plus $600 to $1,000 in fines, completion of ACT and six months without a regular license (a probationary license may be granted). Testing at .16 or above opens the door to an aggravated DUI charge.
- Partner or family member assault: first-time offenders face a minimum of one day and a maximum of one year in jail, a fine of $100 up to $1,000 and required counseling; the third offense is prosecuted as a felony.
- Criminal trespass: a misdemeanor that often ends with a fine or a suspended sentence.
How cases close. Plea agreements, deferred sentences (which can lead to dismissal) and suspended sentences are typical. A six-person jury trial is available. Because the justice court is generally not a court of record, an appealed case is tried again from scratch in the Third Judicial District Court. Most Powell County misdemeanors are finished in one to four months.
Felony (for example, burglary, felony theft, drug distribution, aggravated assault)
Felony cases in Powell County include ordinary community offenses as well as crimes committed inside Montana State Prison, such as assaults on staff or drug smuggling, which the Powell County Attorney also prosecutes in the Third Judicial District Court.
Opening hearing
In the Deer Lodge justice court, the felony complaint is read, bail or release terms are fixed and a public defender is lined up if needed. No felony plea is entered in the Missouri Avenue justice court.
Charging in district court
The Powell County Attorney files a motion asking a Third District judge for leave to file an Information, together with an affidavit setting out the facts. If the judge concludes the affidavit shows probable cause, the Information is filed and the district court has the case.
The district court schedule
The defendant is arraigned and enters a plea. An omnibus hearing follows, where the parties address discovery, motions, defenses and the likelihood of a negotiated plea. Most felonies are resolved by plea agreement. A trial requires a 12-person jury and a unanimous verdict. Montana uses a balancing test for speedy-trial claims, and delays beyond 200 days get careful examination.
Possible punishment
For a Deer Lodge felony theft involving more than $1,500, the Third District can impose as much as a decade in prison along with a $50,000 fine. A burglary conviction doubles the prison ceiling to 20 years, and aggravated burglary raises it to 40. Aggravated assault calls for at least 2 and at most 20 years. Drug distribution charges, including contraband cases tied to the prison, may bring substantial terms, particularly for people with prior convictions.
The court may commit a defendant to the Department of Corrections, which then decides on prison, prerelease or a community program, or may sentence the defendant directly to Montana State Prison or Montana Women's Prison. A deferred imposition of sentence allows many first offenders to have the felony dismissed after successful probation. Parole eligibility generally begins after one-quarter of a prison term. Expect six to twelve months for a typical Powell County felony.
Violent felony (for example, deliberate homicide, sexual intercourse without consent, robbery)
Violent felonies charged by the Powell County Attorney travel the same Third Judicial District Court path, but with high bail, lengthy investigation and often expert testimony. Defendants commonly remain at the Fourth Street detention facility, or in prison custody if they were already inmates, while the case moves forward.
Under Montana law, deliberate homicide is punishable by 10 to 100 years in prison, life, or death; the state's last execution was in 2006, although the death penalty remains in the statutes. Mitigated deliberate homicide carries a range of 2 to 40 years. Sexual intercourse without consent can result in 2 to 100 years or life based on factors such as the victim's age and injuries, and particular aggravating facts carry mandatory minimums. For robbery, the Third District range is 2 to 40 years, plus a fine that may reach $50,000. A finding that a dangerous weapon was used can add 2 to 10 years.
Powell County crime victims are entitled by statute to updates on the case and to speak at sentencing, and the County Attorney's staff handles that contact. The Office of the State Public Defender, (406) 496-6080, represents defendants who qualify, sometimes assigning lawyers from its major-crimes unit. A violent felony case in Powell County often takes one to two years or longer.
Juveniles (under 18) arrested in Powell County
Cases involving youths under 18 are heard by Youth Court, a division of the Third Judicial District Court operating under the Montana Youth Court Act. A Third District juvenile probation officer conducts intake after police or deputies make a referral and may settle a first or less serious matter informally, through conditions such as restitution, community service, counseling or a class. Formal cases begin with a petition filed in Youth Court by the Powell County Attorney.
Officers frequently release a youth to a parent or guardian. A detained Powell County youth is entitled to a detention hearing within 24 hours (weekends and legal holidays do not count), and the youth may not be kept with adults except for very brief, closely regulated holds. A Powell County youth who needs secure detention is typically sent to a regional juvenile detention center elsewhere in western Montana; juvenile probation can tell the family where. Youths have a right to an attorney, and the public defender represents those who qualify. Boys whom the court commits to the state can be sent to Pine Hills Correctional Facility, across the state in Miles City.
Adult prosecution of a Powell County youth is possible only with a district judge's approval and only for serious charges: for a few grave offenses from age 12, and for a broader list of felonies at ages 16 and 17. Youth Court records are generally sealed from public view.
Federal cases (U.S. District Court) from Powell County
Powell County belongs to the Helena Division of the U.S. District Court for the District of Montana under Local Rule 1.2(c). A federal case from Deer Lodge, Elliston, Ovando or Helmville is heard at the Paul G. Hatfield Courthouse, 901 Front Street, Helena, MT 59626. The clerk can be reached at (406) 441-1355, but because the clerk's Helena office is not open to the public, call before trying to visit.
Typical federal cases from the county
Federal agencies in this area most often investigate drug trafficking (DEA), firearms possession by prohibited people (ATF), fraud and child exploitation (FBI), and cases involving Homeland Security Investigations. Powell County also contains large tracts of national forest land, where U.S. Forest Service officers enforce federal law. A state arrest can be referred for federal prosecution, and both the state and the United States may lawfully charge the same conduct.
Federal offices serving the Helena Division
- U.S. Attorney's Office, Helena: 901 Front St., Suite 1100, Helena, MT 59626, (406) 457-5120.
- Federal Defenders of Montana, Helena branch: represents defendants who cannot afford counsel; CJA panel lawyers are appointed if the office has a conflict.
- U.S. Marshals Service: Helena matters are handled through the district headquarters in Billings, (406) 200-6004.
The federal process, briefly
A Powell County defendant in a federal case first meets a U.S. magistrate judge, after either an arrest or a summons. Should the government push for pretrial custody, a detention hearing generally takes place within three court days, and the magistrate decides between holding the person and releasing him or her under conditions monitored by U.S. Probation and Pretrial Services; a bail bondsman cannot buy anyone out of federal custody. When the charge started as a complaint, the grand jury in Helena must indict within 30 days of the arrest, and arraignment follows. Discovery and motions often push the case past the Speedy Trial Act's 70-day mark. Plea agreements end the large majority of Helena Division cases, and trials go to twelve jurors who must agree unanimously. The sentence rests on a presentence report, the advisory Sentencing Guidelines and any mandatory minimum. Because parole was abolished federally, about 85 percent of a prison term is actually served, even with good-conduct credit, in a Bureau of Prisons facility, after which supervised release begins. Any appeal from Helena goes to the Ninth Circuit.
Custody and locating someone
Pretrial federal prisoners are held by the U.S. Marshals in county jails across Montana that accept federal inmates under contract, so a person arrested in Powell County may not stay in Deer Lodge. Families can call the Marshals at (406) 200-6004, and after sentencing the Bureau of Prisons inmate locator shows the assigned facility. Federal court seldom handles cases against juveniles.
This overview of criminal procedure in Powell County and in the federal court's Helena Division is general information, not legal advice. Anyone charged with a crime should consult a defense attorney, or ask the judge to appoint counsel through the Office of the State Public Defender at (406) 496-6080; the Clerk of District Court in Deer Lodge can be reached at (406) 846-9787.
Criminal Court Process for Powell County Montana
Powell 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, Powell 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 Powell 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, Powell 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 Powell County court on a certain date. In cases involving more serious crimes, the person is usually placed in Powell 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, Powell 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 Powell 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 Powell 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 Powell 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.
