Wibaux County Jail

Somewhere outside the county. In a 2022 state count of jail beds, the Sheriff's Office reported zero, so every booked adult ends up in a neighbor's facility. Which one is a question for the Sheriff's Office.

Call dispatch at 406-778-7101, give the person's full name and birthday, and ask staff to check with the Sheriff's Office on where the person sits. The nearest jails it could turn out to be:

• Fallon County Detention Center, 10 W. Fallon Ave., Baker, MT 59313, 406-778-2879
• Dawson County jail, 440 Colorado Blvd, Glendive, MT 59330, 406-377-7600
• Custer County Detention Center, 1010 Main St, Miles City, MT 59301, 406-874-3301

Hold off on the drive until the Sheriff's Office names the place. Bail steps, visits and deposits all run by that jail's house rules.

A judge. The law gives officers a duty. They must bring the arrested person to a nearby judge "without unnecessary delay" (MCA 46-7-101). Release gets settled on the spot at that opening hearing (MCA 46-9-109).

In most local cases the judge is the justice of the peace, who doubles as the town's judge. That court is at 203 Wibaux St., Wibaux, MT 59353, 406-796-7671. Because your loved one is being held miles away, the hearing may happen over a video link from the jail (MCA 46-9-206).

Felony bail does not reset when the case climbs to District Court. It stays as it was, though the district judge is free to adjust the amount or the form (MCA 46-9-201).

Judges are told to use the mildest rules that will still get the defendant to court (MCA 46-9-108). Options include:

• Own recognizance. A signed pledge, and no payment at all (MCA 46-9-111).
• Conditions only. Home again, but with limits. Think curfews, sobriety, handing over guns or keeping away from the other person in the case.
• Cash. Every dollar is paid in. The court banks it until the final ruling comes.
• Commercial bond. A licensed agent charges a fee and vouches for the full sum.
• Real estate. Montana land with enough free equity can be pledged (MCA 46-9-401).
• Co-signers. The accused and two others who could cover the amount put their names on a written undertaking.
• The license itself. For a handful of driving offenses, an officer can hang onto the license as security.

Electronic monitoring is the default for felony stalking and for a second partner assault, when the county can arrange it.

Montana's top court issues a statewide Recommended Bond Schedule for the lower courts. Judges may depart from it either way, and each figure already folds in state surcharges. Samples from the 2026 edition:

• Misdemeanor assault that causes bodily injury: $585, with a required court appearance
• Supplying alcohol to a person under 21: $535, court appearance required
• Running a boat while drunk: $335
• A second gambling violation inside 5 years: $750
• Insurance fraud up to $1,500: $285, court appearance required
• Felonies: left blank on purpose, for the judge to decide

Some charges skip the list entirely. Family violence, choking a partner, stalking, and breaking a protective or no-contact order all keep the person in custody until a judge hears the case (MCA 46-9-302). For the figure in your own case, ring the Justice Court at 406-796-7671 Monday through Friday.

You follow the house rules of the jail that has your loved one. A deputy or jailer is allowed to collect bail for the judge if the dollar figure appears in the judge's posted schedule or right on the warrant. A signed receipt must be handed to you (MCA 46-9-302). Work through it in order:

1. Reach dispatch at 406-778-7101 and find out the jail.
2. Call that jail with the legal name and date of birth. Ask how much bail is set and for which charge.
3. Ask which kinds of payment staff take today, and whose name belongs on a money order.
4. Check whether a judge must see the person first, which is the rule in family violence cases.
5. Show up with ID and the precise sum. Guard the receipt.

Should the jail be the one in Baker, note that the Fallon County Sheriff's Office lets people post bonds for out-of-county cases there around the clock.

Usually. A statewide rule for lower courts says schedule bail can be brought to the clerk's counter during working hours on court days. The judge's schedule must be posted there for anyone to read.

• Justice Court and Town Court (a single combined court): 203 Wibaux St., Wibaux, MT 59353, 406-796-7671. Questions about bail this court set go here.
• Clerk of District Court (felonies): PO Box 292, Wibaux, MT 59353, 406-796-2484. Same courthouse.

Phone ahead to confirm the hours, the sum, what the window accepts and how quickly word reaches the jail after you pay.

Plan on a money order or the exact amount in cash. Before you lean on a personal check, call and ask.

Montana's court website links a card service named CitePay. It is built for traffic tickets and fines. It isn't a way to bail someone out, so use only the payment routes the jail or the court tells you about by phone.

• Cash never goes in the mail.
• A stranger who phones and wants bail by gift card, payment app or crypto is likely a scammer. Hang up and call the court yourself.
• Jot down who you spoke to and when.

State law has a long name for an agent: "surety bail bond insurance producer." To work, each one needs a license. The license comes from a state office in Helena, the Commissioner of Securities and Insurance (MCA 33-17-1601).

• The agent's fee is yours to lose. That money pays the agent to promise the court the full bail.
• Agents may want collateral, like a pickup title or a deed. Get the return terms on paper.
• When a client skips court, the agent may arrest and surrender that client. Local police usually must hear about it first (MCA 46-6-508).
• These bonds cover court attendance only. Fines and restitution are outside them (MCA 46-9-503).
• Confirm the license is active with the national licensee lookup before any papers get signed.

A bail payment frees a person from one case only. Have the jail list each hold before any money changes hands. Common ones:

• An outside warrant. A 2025 change bars judges here from setting bail when the warrant came from somewhere else (MCA 46-9-201).
• Extradition. After a return from another state, bail waits for the judge who issued that warrant, or a fill-in from the same court (MCA 46-9-105).
• Supervision. Being on probation or parole is a factor (MCA 46-9-109). The closest state probation and parole office is at 606 N Merrill, Glendive, MT 59330, 406-377-4086.
• A second file. Two cases mean two bails.
• Federal or ICE. Each gets its own question further down.

Rarely outright. The state constitution guarantees bail in every case but one: a charge that can carry death, where "the proof is evident or the presumption great" (Mont. Const. art. II, sec. 21). Excessive bail is banned as well (Mont. Const. art. II, sec. 22).

Even so, pretrial custody is allowed when the judge finds probable cause that the person would not come back under any workable rules (MCA 46-9-106). The judge weighs the offense, past convictions, any earlier flight, danger to others and how settled the person is locally. A validated risk score may also play a part (MCA 46-9-109).

The County Attorney's Office, 406-796-2431, is the side that pushes for higher bail or a hold.

Either lawyer may file to cut, boost, swap or reshape bail and its terms (MCA 46-9-311). The opposing side must be told ahead of time.

1. The defense lawyer drafts a motion and files it with whichever court has the case.
2. Collect paperwork showing a job, a place to live, nearby kin and an honest count of the money the family has. The law bars oppressive bail and says it must weigh the defendant's means (MCA 46-9-301).
3. Suggest limits that answer what worries the judge, for example alcohol tests, a curfew or a no-contact order.

Call 406-796-7671 for a Justice Court case, or the felony clerk at 406-796-2484, to find out how motions get put on the calendar.

Before anything else at that first hearing, the person learns they may have a lawyer (MCA 46-7-102). State public defenders handle felonies, youth court matters, and any misdemeanor that might mean time in a cell.

To qualify, a family's gross pay can't top 133% of the poverty guideline. A second path is a situation where hiring counsel would cause real hardship. Holding a job or posting bail alone can't sink the application (MCA 47-1-111). The applicant signs a sworn financial statement, which the judge then reviews.

• Glendive office of the Office of State Public Defender: 100 1/2 S. Merrill, Suite 3, Glendive, MT 59330, 406-987-6010
• Apply on the public defender's website. Recent pay stubs and bank records are needed

Both local courts work out of the county courthouse. Office hours can shift, so call before the trip.

• Justice Court, which also acts as the Town Court: 203 Wibaux St., Wibaux, MT 59353 (mailing address PO Box 445, Wibaux, MT 59353), 406-796-7671. Misdemeanors and opening felony hearings happen here.
• Seventh Judicial District Court (felonies), with the Clerk of District Court down the hall, mailing address PO Box 292, Wibaux, MT 59353, 406-796-2484. The district spans five counties, also taking in Dawson, McCone, Prairie and Richland. Its judges have chambers in Glendive and Sidney.
• Federal court in Billings, clerk's line 406-247-7000: 2601 2nd Avenue North, Suite 1200, Billings, MT 59101, inside the James F. Battin Federal Courthouse.

Once the case closes with every hearing attended, the court gives the deposit back (MCA 46-9-502). Refunds are issued only to whoever put the money up, so save that receipt and carry ID.

A no-show can cost the deposit. Forfeiture can follow, though the court must send written notice to the defendant and sureties within 10 working days. If that mailing comes late, the bond no longer binds anyone (MCA 46-9-503).

• The defendant gets 90 days to turn up or give a good excuse. A judge can then erase the forfeiture.
• Misdemeanor money that is lost goes to the city or county treasury that received it. A lost felony deposit is sent to the state (MCA 46-9-511).
• The judge may steer forfeited money to a crime victim (MCA 46-9-512).

Refund requests go to the court that got the payment. For Justice Court, dial 406-796-7671.

Wallets, phones, clothes and any balance on the jail account stay at whatever jail did the booking. That jail is out of the county, so phone it before release day. Ask how the leftover balance is refunded and when you can collect the items.

Carry photo ID. Picking up for someone else may take a signed okay from them, so ask. Not sure which jail it is? Dispatch at 406-778-7101 can help. For the money side, see our inmate account guide.

Federal prosecutions from Montana's far eastern edge are assigned to the Billings Division, part of the U.S. District Court for the District of Montana. Clerk staff are in the James F. Battin Federal Courthouse, open weekdays 8:00 a.m. to 5:00 p.m. Find it at 2601 2nd Avenue North, Suite 1200, Billings, MT 59101, or call 406-247-7000.

• At the first federal appearance, a magistrate or judge decides on release or detention. Only a short postponement is allowed, and the person stays held during it (18 U.S.C. 3142).
• Federal detainees awaiting trial stay under U.S. Marshals Service control. Its office is at 2601 2nd Avenue North, Suite 2300, Billings, MT 59101, 406-200-6004, and can say which jail is used.
• U.S. Probation and Pretrial Services prepares a report for the judge. Billings line: 406-657-6287.
• For someone already serving a federal term, try the Federal Bureau of Prisons inmate locator.

Federal dockets are on PACER for a per-page fee.

No. Settling the state bail leaves any immigration hold in place. The usual chain of events:

1. Immigration and Customs Enforcement (ICE) lodges Form I-247A, its detainer, with the jail.
2. The jail can hold the person for up to 48 hours after they would otherwise be released (8 CFR 287.7(d)).
3. State law makes officers follow the detainer, and they have to tell the person it exists. Credible papers showing citizenship or lawful status end that duty (MCA 27-16-801).
4. This county is served by an ICE check-in office in Billings. Its address is 2900 4th Avenue, Suite 205, Billings, MT 59101, 406-247-4083. Above it sits ICE's regional office in Salt Lake City, 801-736-1200.
5. Look the person up on the ICE Online Detainee Locator, using their legal name and birth country.

Felony terms over a year fall to the Montana Department of Corrections. Most people stay put in a county jail after sentencing while the state screens them. Placement comes next: maybe a prison, maybe treatment, maybe a prerelease center.

• The state's offender search shows location and status. Try a name, or the DOC number if you have it.
• Parole hearings: Board of Pardons and Parole, 1002 Hollenbeck Road, Deer Lodge, MT 59722, 406-846-1404.
• For rules at each state lockup, see the Montana state prisons guide.

Under Montana law, a person is a youth until the 18th birthday, and Youth Court, run by the District Court, hears almost all of their cases (MCA 41-5-203). Booking alone can't justify an overnight stay in an adult jail. A rural jail can keep a teen one day at most, with weekends and holidays not counted, while a hearing is pending, with walls and distance between the teen and every adult inmate (MCA 41-5-349).

• The Yellowstone County Youth Services Center, 410 South 26th Street, Billings, MT 59101, 406-256-6825, lists this county among those it serves and takes youths from around the region as needed.
• Once a youth is detained, a judge has to check for probable cause within 24 hours, though a Saturday, Sunday or holiday stops the clock (MCA 41-5-332).
• A teen may be released on bail, and what the parents can afford counts when the judge sets it (MCA 41-5-323).
• For the teen's location and hearing time, call juvenile probation at 406-377-4675.

That depends on the most serious charge and the punishment it could bring.

• Justice Court sees countywide misdemeanors: DUI, petty theft, hunting and fishing violations, and traffic crimes. On its own it can hear crimes worth up to half a year in jail or a $500 fine. Bigger misdemeanors may go to either court (MCA 3-10-303).
• Town Court takes town ordinance cases (MCA 3-11-103). Here the same judge holds both jobs.
• District Court takes every felony, which means any crime carrying possible death or more than 12 months in state prison (MCA 45-2-101).
• Youth Court is part of District Court. It hears offenses committed by minors.

Most felonies start out in Justice Court anyway. That judge holds the opening hearing and deals with bail, and then the file moves up.

Nearly everything happens in one courthouse. Call ahead to check office hours before the drive.

• Justice Court and Town Court, 203 Wibaux St., Wibaux, MT 59353. Mail goes to PO Box 445, Wibaux, MT 59353. Phone 406-796-7671.
• Clerk of District Court, Seventh Judicial District, in the same building. Mail goes to PO Box 292, Wibaux, MT 59353. Phone 406-796-2484. A Self-Help Law Station is set up in the clerk's office.

Federal cases are the exception. They go to Billings, which is covered further down.

Yes. In practice, though, the Town Court and the Justice Court are one office with one judge. On the state's court directory, one listing reads "Justice of the Peace / City Judge", so one number, 406-796-7671, covers both.

The town has no police department. Deputies cover the whole county, inside town limits too, and the Montana Highway Patrol works the interstate. A ticket for breaking a town ordinance goes to the Town Court side. A state misdemeanor can go to either side, since the two share that power (MCA 3-11-102).

Smaller places like Carlyle and St. Phillip are unincorporated. Charges from there land in Justice Court.

The Seventh District covers five counties: Dawson, McCone, Prairie, Richland and this one. Its district judges keep chambers in two other towns.

• Glendive chambers: 207 W. Bell St., Glendive, MT 59330, 406-377-2666
• Sidney chambers: 300 12th Ave NW, Suite 2, Sidney, MT 59270, 406-433-5939

For a local felony, the paperwork, hearing dates and case records are kept by the clerk at 406-796-2484. Ask which days a district judge is set to hear cases here, and whether a hearing will be held by video.

Montana law sets the pace. An arrest leads to a judge, the nearest available one, "without unnecessary delay" (MCA 46-7-101). With the jail sitting in another county, a video screen often takes the place of a courtroom. The judge must cover these points (MCA 46-7-102):

• what the charges are
• that a lawyer may help, at state cost for people with little money
• how pretrial release usually works
• that silence is allowed, and any statement can be used later as evidence
• that a conviction may affect the right to own guns
• in a felony case started by complaint, that a judge can rule on probable cause

Release gets decided at this same hearing (MCA 46-9-109).

The County Attorney's Office brings misdemeanor cases in Justice Court. Next comes the plea. If it is not guilty, the court picks a trial date, and each side has a right to six jurors (MCA 46-17-201).

Then a 6-month clock starts. Without a trial by then, the charge must be dismissed, unless the defense itself sought the delay, or the judge accepts a good reason (MCA 46-13-401). Typical penalties:

• DUI, first time: a day minimum, half a year maximum, and $600 to $1,000 (MCA 61-8-1007)
• Stealing $1,500 worth or less: half a year at most, and a fine capped at $1,500 (MCA 45-6-301)
• Partner or relative assault, first conviction: anywhere from a day to a year, and $100 to $1,000 (MCA 45-5-206)
• Misdemeanors whose statute is silent on penalty: half a year, $500, or both (MCA 46-18-212)

Judges can also defer a misdemeanor sentence as long as 12 months. A clean record through that period can end with the charge dismissed (MCA 46-18-204).

Expect the case to move through these stages:

1. Opening hearing in front of the local justice of the peace, who also handles bail.
2. Formal charge. Local judges sometimes hold a preliminary hearing to weigh the evidence. The other skips Justice Court: the County Attorney goes straight to a district judge with a sworn statement, and that judge decides whether the felony charge, called an information, may be filed (MCA 46-11-201).
3. Arraignment. District Court, open courtroom, plea entered (MCA 46-12-201).
4. Trial in front of 12 jurors, and all 12 have to agree. Both sides may consent in writing to a judge-only trial (MCA 46-16-110).
5. Sentencing, held once guilt is settled.

If a statute sets no other range, a felony is punished by no more than 10 years and $50,000 (MCA 46-18-213). Felony theft, meaning over $1,500, also reaches 10 years. For drug possession the ceiling is 5 years. First-time possession is presumed to earn a deferred sentence (MCA 45-9-102).

The stakes go up at each step:

• Bail. Outright denial is limited to charges that could bring death. Even so, a person can be held before trial when no rules would protect the public (MCA 46-9-106).
• Partner and family cases. Bail from a schedule is off limits when someone is accused of harming or choking a spouse, dating partner or relative. A judge has to see them first. Three partner assault convictions make the third one a felony. The sentence on that one may run as long as 5 years (MCA 45-5-206).
• Monitors. A judge should order an ankle monitor for felony stalking. The same goes for felony partner assault. This applies when a monitor is on hand (MCA 46-9-108).
• Help for small counties. The state Attorney General's prosecution bureau assists with complex cases, especially homicides, and steps in when a county attorney has a conflict. Its line is 406-444-2026.
• Past felonies. With a prior felony on the record, a new felony sentence can't be deferred (MCA 46-18-201).

The Wibaux County Attorney's Office brings the state's charges, both felonies and Justice Court misdemeanors. Call 406-796-2431.

Defendants short on money may apply to the Office of State Public Defender. Its lawyers take felonies, juvenile matters and jailable misdemeanors. The office that covers this area is in Glendive at 100 1/2 S. Merrill, Suite 3, Glendive, MT 59330, 406-987-6010.

Applications can be filed on the state public defender site. The judge has the last word on whether a person qualifies (MCA 47-1-111). For civil legal problems, Montana Legal Services Association takes calls at 800-666-6899.

Montana has two free public court portals. Each one searches by party name or file number:

• Lower courts portal, which covers Justice Court and Town Court
• District Court portal, for felonies

Cases involving minors and sealed matters stay hidden on both sites, and some courts are still being added. For a misdemeanor date, phone the Justice Court at 406-796-7671. Felony calendars are handled by the district clerk, 406-796-2484. Before calling, jot down the legal name and birthday.

Deputies serve warrants everywhere in the county, since the town has no police of its own. To ask about one, call dispatch at 406-778-7101 and ask for the Sheriff's Office. Pending cases can be searched on two state sites, the lower courts portal and the District Court portal. People who ran from state supervision are marked absconders on the Montana offender search. A lawyer's guidance should come first. Next, call the court that signed it and ask about a new date or a planned surrender. That is the Justice Court at 406-796-7671 or the Clerk of District Court at 406-796-2484.

It can be appealed. Unless the local court records its trials as a court of record, the appeal starts everything over in District Court, with a six-member jury if wanted (MCA 46-17-311).

• The deadline is short: 10 days from the judgment that follows the trial.
• File it with the court that decided the case, at 406-796-7671, and ask whether the court keeps a formal record.
• A District Court conviction goes up to the Montana Supreme Court. A lawyer should handle that step.

A federal case from this county is filed in Billings, with the Billings Division. Clerk staff keep weekday hours, 8:00 a.m. to 5:00 p.m., at the James F. Battin Federal Courthouse. The address is 2601 2nd Avenue North, Suite 1200, Billings, MT 59101, and the phone is 406-247-7000.

• Jail or home before trial gets argued at the very first federal hearing (18 U.S.C. 3142).
• Custody and trips to court fall to the U.S. Marshals Service, found in Suite 2300, 406-200-6004.
• The judge also gets a report from pretrial services, part of U.S. Probation in the same courthouse. Call 406-657-6287.
• Docket entries can be read on PACER. For a person already sent to federal prison, use the Federal Bureau of Prisons inmate locator.

The state charge keeps going, but a detainer changes what release looks like. The detainer form, I-247A, tells the jail to keep the person for up to 48 hours after they would otherwise be released, so ICE has time to pick them up (8 CFR 287.7(d)).

1. Montana makes the jail act on the detainer, and the person in custody must be told about it (MCA 27-16-801).
2. Good evidence of U.S. citizenship or legal status ends the hold.
3. Under a 2025 law, an officer who stops someone lawfully may try to find out their status. Anyone found here unlawfully gets reported to federal agents (MCA 46-5-401).
4. This county falls under the ICE check-in office at 2900 4th Avenue, Suite 205, Billings, MT 59101, 406-247-4083.
5. Find a detained person on the ICE Online Detainee Locator.

A prison term from a district judge puts the person under the Montana Department of Corrections. While state staff complete an intake review, the person most often stays put in a county jail. The state then places them in a prison, a treatment setting or a prerelease home.

• Check custody and status on the state offender search.
• Visiting, mail and contact details for each site sit in our Montana state prisons guide.
• Local supervision after release runs through the probation and parole office at 606 N Merrill, Glendive, MT 59330, 406-377-4086.

A charge against someone under 18 belongs in Youth Court, with a district judge presiding (MCA 41-5-203). The public portals never show youth files.

• A detained teen must get a quick probable cause review. The law allows 24 hours for it, setting aside weekends and legal holidays (MCA 41-5-332).
• A Billings facility, the Yellowstone County Youth Services Center, counts this county in its service area and accepts youths from the region as needed. Its number is 406-256-6825.
• For homicide, rape and similar charges, the County Attorney may seek leave to file in adult court. For a few charges that can happen from age 12 (MCA 41-5-206).
• State prison is closed to anyone under 16.

Parents can reach juvenile probation at 406-377-4675 for the teen's location and the next hearing.

Start with the County Attorney's Office at 406-796-2431. In a felony, or a misdemeanor involving injury or a threat of it, victims get a say. The prosecutor must talk with them before a dismissal, a plea agreement, a pretrial release or a diversion (MCA 46-24-104).

• The Dawson County Domestic Violence Program, 122 W. Bell St., Glendive, MT 59330, keeps a 24-hour crisis line at 406-989-1318. Its office line is 406-377-6477.
• Montana's crime victim compensation fund may pay as much as $25,000 toward costs from a crime. Call 800-498-6455.
• Victims of people under state supervision can sign up for VINE alerts on VINELink or at 800-456-3076.