Sweet Grass County Jail Criminal Court Process
Criminal Court Process for Sweet Grass County Montana
Big Timber is the county seat of Sweet Grass County, and every local criminal case is heard in one building there, the Law and Justice Center on West First Avenue. Misdemeanors, traffic tickets and DUIs go to the Sweet Grass County Justice Court, which also acts as Big Timber's city court. Felonies belong to the Sweet Grass County District Court, part of Montana's Sixth Judicial District, which this county shares with neighboring Park County. The elected Sweet Grass County Attorney prosecutes adult and youth cases, and the Sheriff runs only a short-term holding facility in Big Timber, so people who stay in custody are usually lodged in another county's jail.
- Sweet Grass County Justice Court (also serves as Big Timber City Court), 200 West 1st Avenue, Big Timber, MT 59011, (406) 932-5150
- Clerk of District Court, Sweet Grass County (Sixth Judicial District), 200 West 1st Avenue, P.O. Box 698, Big Timber, MT 59011, (406) 932-5154
- Sweet Grass County Attorney, P.O. Box 1188, Big Timber, MT 59011, (406) 932-4376
- Public defender for Sweet Grass County: OPD's Bozeman office, which has historically covered the county, on Discovery Drive (No. 77, ZIP 59718), (406) 582-2450
- Sweet Grass County Sheriff's Office and holding facility, Law and Justice Center, 200 West First Avenue, Big Timber, MT 59011, (406) 932-5143
Which court hears your case. A misdemeanor or first DUI from anywhere in Sweet Grass County, whether on Interstate 90, in Melville or on McLeod Street in Big Timber, is filed in the Justice Court on West First Avenue; because that court doubles as the city court, there is no separate municipal bench to sort out. Felony arrests also pass through this court first: the Big Timber justice of the peace holds the initial appearance and decides bail. The case moves up to the Sweet Grass County District Court once the County Attorney asks a Sixth Judicial District judge for permission to file an Information and the judge finds probable cause.
Where pretrial detainees are held. Sweet Grass County's lockup at the Law and Justice Center is a small holding facility licensed for stays of about 72 hours, which covers booking, an overnight wait and the first court appearance. Someone who cannot post bail after that is moved to a full county jail under a boarding agreement; the Wheatland County Jail in Harlowton has been among the facilities holding Sweet Grass County prisoners, but placements change with bed space. Families should call the Sweet Grass County Sheriff's Office at (406) 932-5143 to learn which jail is holding a relative and how to post bond.
- 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 Sweet Grass County
- Federal cases (U.S. District Court) from Sweet Grass County
Misdemeanor (for example, theft, a first DUI, partner or family member assault, criminal trespass)
The justice of the peace in Big Timber decides nearly every misdemeanor filed in Sweet Grass County. Most of these cases never involve a night in jail: a deputy or Montana Highway Patrol trooper writes a notice to appear, and the person shows up on the date printed on it.
From arrest to the first hearing
When a person is taken into custody instead, booking happens at the Law and Justice Center. For many misdemeanors the bail schedule lists a fixed figure, and the defendant can pay that amount directly or hire a commercial bondsman, which Montana permits, and walk out. Montana law says a person in custody must be taken to a judge with no unnecessary delay; around Big Timber that is ordinarily the next court day, and seldom more than two days out. At that initial appearance the Big Timber judge goes over the complaint, the worst-case sentence and the defendant's rights, and either sets bail or releases the person on their own recognizance with conditions. Release orders for DUI defendants often require twice-a-day breath tests under the 24/7 program, and partner assault defendants are told to stay away from the alleged victim.
Getting a lawyer
A defendant who faces possible jail but lacks money for a lawyer can request appointed counsel from the justice of the peace. Fill out the court's application for appointed counsel; if the judge finds you qualify, the Office of the State Public Defender is ordered to assign a lawyer, typically from its Bozeman office at (406) 582-2450. The judge may order a small payment toward the cost of that lawyer when the Sweet Grass case wraps up.
What the penalties look like
- Theft in Sweet Grass County, $1,500 or less: shoplifting or another theft at this level carries up to six months, and the fine can be as much as $1,500.
- First DUI before the Big Timber court: a jail sentence of at least 24 hours and at most 6 months, some of which the judge can suspend; $600 to $1,000 in fines; ACT classes; and six months without a regular license, though a probationary license is often possible. Blowing .16 or above, or refusing a test with an earlier DUI on record, makes the charge aggravated DUI and raises the penalties.
- Partner or family member assault (PFMA), first offense: 24 hours to one year behind bars, a $100–$1,000 fine, and a mandatory counseling program. A third PFMA conviction is a felony.
- Criminal trespass and most other misdemeanors: unless the statute sets something different, a Big Timber judge can impose at most half a year in jail plus $500.
How cases end
Many Sweet Grass County misdemeanors end with a guilty plea and a deferred or suspended sentence carrying conditions; some are dismissed outright. Misdemeanor juries in Big Timber have six members. An appeal from the Big Timber justice court is normally heard as a fresh trial in District Court, since no transcript is kept below. Expect most of these cases to close within one to four months.
Felony (for example, burglary, felony theft, drug distribution, aggravated assault)
A felony is any offense punishable by more than a year in state custody. In Big Timber, a felony arrest typically produces a quick hearing in the Justice Court, followed weeks later by the formal charge in the District Court in the same building.
- Initial appearance. The justice of the peace advises the person of the felony allegation, appoints a public defender if needed, and sets bail.
- Leave to file an Information. The Sweet Grass County Attorney's office files a motion for leave, backed by an affidavit laying out the evidence, with a Sixth Judicial District judge. Once the district judge agrees there is probable cause, the County Attorney files the Information, which replaces the justice court complaint. This is the usual route for Montana felonies.
- Arraignment in District Court. The defendant enters a plea, normally not guilty at this stage, and the court sets a schedule.
- Omnibus hearing. Here the lawyers announce planned motions and defenses and trade evidence, and the Sixth District judge fixes a schedule through trial.
- Plea or trial. Most Sweet Grass County felonies resolve through a plea agreement. Twelve Big Timber-area jurors hear a felony trial, and their verdict has to be unanimous. If a Sweet Grass County case drags, Montana judges apply a constitutional balancing test to any speedy-trial claim, and once the delay reaches about 200 days the state must justify it more carefully.
Possible sentences
- Felony theft (over $1,500): up to 10 years and $50,000.
- Burglary: as long as 20 years plus a fine reaching $50,000, and as long as 40 years if the burglary is aggravated.
- Aggravated assault: a prison range of two to twenty years, and the fine may go to $50,000.
- Criminal distribution of dangerous drugs: the sentence turns on the substance and the person's history, and lengthy prison terms are possible.
Judges in the Sixth District have two main options at sentencing: sending the defendant to DOC custody and letting the corrections department pick prison, prerelease or community supervision, or a direct prison sentence, served by men at the state prison in Deer Lodge and by women at the Billings women's prison. For a first offense, a deferred imposition of sentence is common; finish probation successfully and the felony charge is dismissed. Montana's parole board typically first considers a prisoner after about 25 percent of the term. A felony in Sweet Grass County commonly takes six to twelve months.
Violent felony (for example, deliberate homicide, sexual intercourse without consent, robbery)
The most serious crimes go through the same Sixth Judicial District steps described above, but almost everything is slower and higher-stakes. Bail is commonly set very high, and a defendant who cannot meet it stays in the jail that holds Sweet Grass County prisoners for the life of the case.
- Deliberate homicide: a sentence of death, of life, or of 10 to 100 years in prison. Capital punishment remains legal in Montana; 2006 was the year of the most recent execution. The lesser charge of mitigated deliberate homicide is punished by two to forty years.
- Sexual intercourse without consent (Montana's rape statute): life in prison, or a term of 2 to 100 years that depends on the circumstances; certain cases, for instance those involving young children, carry mandatory minimums.
- Robbery: two to forty years, with a fine that can reach $50,000.
- Using a weapon: committing the offense with a weapon tacks on an added 2 to 10 years.
Under Montana statutes, crime victims are entitled to notice of major court dates and a chance to speak before sentence is imposed, and a victim-witness advocate in the County Attorney's office in Big Timber keeps them informed. OPD, Montana's public defender, usually staffs a Sweet Grass homicide or sex-offense case with its most seasoned trial lawyers when the defendant qualifies. Expect a contested violent felony out of Sweet Grass County to run a year or two, and longer when expert testing is involved.
Juveniles (under 18) arrested in Sweet Grass County
Anyone under 18 charged with an offense in Sweet Grass County goes before the Youth Court, a branch of the Sixth Judicial District Court that applies the Montana Youth Court Act. Its records stay far more private than adult files.
After an arrest, a juvenile probation officer handles intake. For a first or minor offense the officer can often resolve the matter informally, through an agreement that might involve restitution, community service or counseling, without a petition ever being filed. Cases that need formal handling begin when the Sweet Grass County Attorney files a youth court petition; the young person then has a right to counsel, at public expense when the family's income qualifies.
Usually the young person goes home with a parent the same day. Big Timber has no juvenile lockup. When a youth must be detained, the Sheriff's Office generally arranges a bed at a contracted regional center; for this part of the state that typically means the youth facility Yellowstone County operates in Billings. The law calls for a detention hearing within 24 hours of the youth being held, excluding weekends and legal holidays. Should the Youth Court commit a youth to the Department of Corrections, placement can include the state's secure facility for youth, Pine Hills in Miles City.
For the gravest charges, Montana law allows a case to move to adult District Court. The County Attorney can ask the court for leave to file directly against a youth 16 or older accused of certain serious felonies, and a narrow list of the most serious offenses can reach adult court from age 12.
Federal cases (U.S. District Court) from Sweet Grass County
Federal charges arising in Sweet Grass County are filed in the U.S. District Court for the District of Montana, Billings Division, which sits roughly 80 miles east of Big Timber on I-90. Its home is the James F. Battin U.S. Courthouse (2601 2nd Avenue North, Billings 59101), and the clerk's number is (406) 247-7000.
How a Sweet Grass County case becomes federal
Federal court gets a Sweet Grass case when the conduct violates U.S. law and a federal agency takes it on. Examples around Big Timber include methamphetamine or fentanyl trafficking along the interstate (DEA or FBI), a person with a felony record found with a firearm (ATF), fraud using the mail or internet, and crimes on the Custer Gallatin National Forest lands in the Crazy Mountains and Boulder River country (U.S. Forest Service officers). Montana and the United States are separate sovereigns, so one act can lead to both a state and a federal charge.
The federal offices involved
- Prosecutor: the U.S. Attorney's Billings branch, Suite 3200 of 2601 2nd Ave N.; phone (406) 657-6101.
- Defense: Federal Defenders of Montana takes cases for people without money for a lawyer, through its Billings branch; when it has a conflict, the court appoints a private attorney from the CJA panel.
- Custody: U.S. Marshals Service, Billings headquarters, (406) 200-6004.
Inside the process
Someone arrested or summoned on a federal charge from Sweet Grass County first meets a U.S. magistrate judge in Billings. Should the government want the person held, it gets a detention hearing, ordinarily within three court days. Under the Bail Reform Act the magistrate chooses between detention and release on conditions that U.S. Probation and Pretrial Services oversees; bail bondsmen have no role in this system. Where agents start with a complaint instead of an indictment, the government gets 30 days after the arrest to win a grand jury indictment, and an arraignment comes next. On paper the Speedy Trial Act wants trial within 70 days; continuances routinely push that back. The great majority of federal defendants plead guilty under a plea agreement; the rest face a unanimous 12-person jury.
Sentencing waits for a presentence report from federal probation; the judge then consults the advisory U.S. Sentencing Guidelines and any mandatory minimum that applies. Nobody leaves a federal sentence on parole; good-conduct credit trims at most roughly 15 percent, the time is spent in a Bureau of Prisons facility, and a term of supervised release begins on the way out. Appeals go to the Ninth Circuit.
Where federal defendants are held
Pretrial federal detainees from Sweet Grass County are boarded wherever the Marshals have a contract bed, which may be a county jail hundreds of miles from Big Timber. To learn where a relative is being held, phone the Marshals in Billings. Once a sentence is imposed, use the Bureau of Prisons inmate locator to find the assigned prison. Youths are only rarely charged in federal court.
Treat this Big Timber court overview as background reading. Nothing here is legal advice, and Sixth District practice can shift over time. A person facing a Sweet Grass County charge is best served by a defense lawyer of their own; appointed counsel can be requested from the judge at the first hearing, or through the public defender's Bozeman office at (406) 582-2450. For filing questions, the Clerk of District Court in Big Timber answers at (406) 932-5154.
Criminal Court Process for Sweet Grass County Montana
Sweet Grass 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, Sweet Grass 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 Sweet Grass 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, Sweet Grass 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 Sweet Grass County court on a certain date. In cases involving more serious crimes, the person is usually placed in Sweet Grass 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, Sweet Grass 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 Sweet Grass 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 Sweet Grass 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 Sweet Grass 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.
