Yellowstone County Detention Facility Criminal Court Process
Criminal Court Process for Yellowstone County Montana
Billings, Montana's largest city, is the county seat of Yellowstone County, and it carries the heaviest criminal caseload in the state. Misdemeanors committed inside Billings city limits go to Billings Municipal Court at City Hall, offenses inside Laurel go to Laurel City Court, and misdemeanors from Lockwood, Shepherd, Huntley, Worden and the rest of the county go to Yellowstone County Justice Court in the downtown courthouse. Felonies are prosecuted in the Yellowstone County District Court, which by itself makes up Montana's Thirteenth Judicial District and has several district judges. The Yellowstone County Attorney prosecutes felonies and county misdemeanors, the Billings City Attorney prosecutes Municipal Court cases, and the Yellowstone County Detention Facility on King Avenue East holds adults awaiting trial.
- Yellowstone County Justice Court, Yellowstone County Courthouse, 217 North 27th Street, Billings, MT 59101 (mail: P.O. Box 35032, Billings, MT 59107), (406) 256-2998
- Billings Municipal Court, Billings City Hall, 2nd floor, 316 North 26th Street, Billings, MT 59101; cases prosecuted by the Billings City Attorney's Office, (406) 657-8205
- Clerk of District Court, Yellowstone County (Thirteenth Judicial District), 217 North 27th Street, Billings, MT 59101 (mail: P.O. Box 35030, Billings, MT 59107), (406) 256-2851
- Yellowstone County Attorney's Office, 217 North 27th Street, Billings, MT 59101 (mail: P.O. Box 35025, Billings, MT 59107), (406) 256-2870
- Public defender (OPD) for Yellowstone County, Suite 201 at 207 N. Broadway, downtown Billings, (406) 256-6861
- Yellowstone County Detention Facility (Yellowstone County Sheriff's Office), 3165 King Avenue East, Billings, MT 59101, 24-hour booking and bond information (406) 256-6881, administration (406) 256-6900
Which court hears your case. Location decides the misdemeanor court. A DUI, shoplifting or partner assault charge from a Billings police officer inside the city is heard in Billings Municipal Court; the same charge from a deputy in Lockwood or a trooper on I-90 outside city limits goes to Yellowstone County Justice Court; and a Laurel police case goes to Laurel City Court. Felonies follow one path no matter where they occur. The first appearance and bail hearing are usually held in Justice Court, often by video from the detention facility. After that, a Thirteenth Judicial District judge reviews the County Attorney's request to charge by Information; a probable-cause finding converts the matter into a District Court felony. Grand juries are seldom used.
Where pretrial detainees are held. Whether the arresting officer works for Billings, Laurel, the Sheriff, the Highway Patrol or MSU Billings, an adult taken into custody in this county is booked into the Yellowstone County Detention Facility, 3165 King Avenue East, which the Sheriff's Office runs. It is the busiest jail in Montana; a 2022 state survey listed it at 434 beds with an average daily population above that number. People who cannot post bail stay there until their case is resolved or a judge orders release. The booking desk at (406) 256-6881 answers questions about charges and bond around the clock.
- The courthouses in Billings and Laurel
- What happens after an arrest in Yellowstone County
- The Yellowstone County Detention Facility
- Public defenders in Billings
- The County Attorney, the City Attorney and diversion
- Treatment courts in Yellowstone 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 Yellowstone County
- Federal cases (U.S. District Court) from Yellowstone County
The courthouses in Billings and Laurel
Most criminal hearings in Yellowstone County take place within a few blocks of each other downtown.
- Yellowstone County Courthouse, 217 North 27th Street. Home to the District Court (the Thirteenth Judicial District's judges and the Clerk of District Court), the Justice Court, and the County Attorney's Office. Felony arraignments, omnibus hearings, trials and sentencings happen here, as do county misdemeanor cases and felony first appearances.
- Billings City Hall, 316 North 26th Street. Billings Municipal Court sits on the second floor of the newer City Hall building, the former Stillwater Building, a block from the courthouse. It hears state misdemeanors and city ordinance violations from inside Billings, and it has its own jury panels. Hourly parking is available in the Park 3 garage on 2nd Avenue North.
- Laurel City Court. Laurel, about 15 miles west, runs its own city court for misdemeanors and ordinance violations cited inside city limits.
- James F. Battin U.S. Courthouse, 2601 2nd Avenue North. Federal criminal cases are heard here; see the federal section below.
Expect security screening at each courthouse, and arrive early for crowded morning dockets. Bring the citation or paperwork that lists your case number.
What happens after an arrest in Yellowstone County
- Booking at King Avenue East. The arrested person is photographed, fingerprinted, searched and screened medically. Property is inventoried. On many misdemeanors the scheduled bail can be paid at booking, and the person walks out holding a court date.
- Bail options. Montana permits commercial bail bonds, and several bondsmen operate in Billings; paying the full amount in cash is the other route. Bond information is available from detention booking at (406) 256-6881.
- Initial appearance. Montana law requires that a jailed defendant be taken in front of a judge promptly; in Billings that normally happens on the next weekday court calendar, and almost always inside two days. In Yellowstone County this is usually a video hearing from the jail to Justice Court or Municipal Court. The judge confirms the charge, advises the person of rights, and sets bail or releases them on their own recognizance.
- Release conditions. Judges commonly order no contact with alleged victims, no alcohol or drugs, and enrollment in monitoring. In Yellowstone County, monitoring for people on bond can include 24/7 breath testing, a SCRAM alcohol bracelet or GPS tracking, often at the defendant's own cost.
- Counsel. An application for appointed counsel can be filed at that first hearing. The Billings public defender office has run an early intake program aimed at getting lawyers to clients sooner after arrest.
Once released, the most important step is appearing at every hearing. A missed date usually produces a warrant and can lead to bail being revoked.
The Yellowstone County Detention Facility
The Yellowstone County Detention Facility at 3165 King Avenue East, Billings, MT 59101, is the county's adult jail and is operated by the Yellowstone County Sheriff's Office (main sheriff's office: 2323 2nd Avenue North, (406) 256-2929). The population mixes pretrial detainees, people doing short county sentences and holds for other agencies, including federal detainees under contract with the U.S. Marshals.
- Booking and bond questions, 24 hours: (406) 256-6881
- Administration (weekdays, 8 a.m. to 5 p.m.): (406) 256-6900
- Mailing address for the facility: P.O. Box 35019, Billings, MT 59107
The facility posts an inmate roster, has scheduled visitation rules, and contracts for a mental health fitness evaluation process inside the jail when a defendant's competency is in question. Crowding has been a long-running issue, which is one reason judges in Billings rely on pretrial monitoring for many defendants rather than keeping them in custody.
Public defenders in Billings
Montana's public defender agency (OPD) takes appointed cases in Yellowstone County Justice Court, Billings Municipal Court, Laurel City Court, District Court and Youth Court. The Billings regional office sits on North Broadway (No. 207, Suite 201), (406) 256-6861.
To get a public defender, ask the judge at the first appearance and fill out the application describing income, assets and expenses. If the court finds the applicant eligible, it orders the agency to assign counsel, and a lawyer is assigned from the Billings office or from an attorney under contract. When that office has a conflict, for example when it already represents a co-defendant or witness, the case goes to the state's Conflict Defender Division, which has a Billings office at 208 North Broadway, Suite 414, (406) 247-4857. A judge may assess a fee at the end of the case to help pay for the representation.
The County Attorney, the City Attorney and diversion
The elected Yellowstone County Attorney leads one of Montana's largest prosecution offices, handling every felony in the county, misdemeanors filed in Justice Court, and Youth Court petitions. The office also has a victim-witness unit that notifies crime victims of hearings and helps them be heard at sentencing. Misdemeanors filed in Billings Municipal Court are prosecuted instead by the Billings City Attorney's Office, (406) 657-8205; Laurel's city prosecutor handles Laurel City Court.
Not every case ends in a conviction. Montana law lets prosecutors enter deferred prosecution agreements, under which the case is dropped once the defendant satisfies terms like restitution, treatment or staying out of trouble for a set period. Courts can also grant deferred sentences, which lead to dismissal after successful completion. Whether either option is offered depends on the charge, the defendant's history and the victim's input, so a defense lawyer should raise it early.
Treatment courts in Yellowstone County
Billings has one of the most developed treatment court systems in Montana. Each one combines close supervision, random testing for drugs and alcohol, and standing appointments before the same judge with treatment for addiction or mental illness, in exchange for a reduced or dismissed sentence. Programs that have operated in Yellowstone County include:
- an adult felony drug treatment court in District Court;
- a DUI court for repeat impaired drivers;
- a veterans treatment court, with mentors who are veterans themselves;
- a misdemeanor treatment court;
- a mental health court in Billings Municipal Court;
- a youth drug court and a family treatment court in the Youth Court and child-welfare system.
Admission is selective and generally requires a screening, the County Attorney's or City Attorney's agreement, and a willingness to participate for a year or more. Defendants interested in a treatment court should ask their lawyer whether they qualify, because referrals usually come through counsel.
Misdemeanor (for example, theft, a first DUI, partner or family member assault, criminal trespass)
Billings Municipal Court and Yellowstone County Justice Court handle tens of thousands of cases a year between them. The steps are the same in either court: ticket or arrest first, then the initial appearance, then one or more pretrial conferences, and finally a plea or a trial.
What to expect in court
At the first hearing, the Billings judge reads the accusation, states the most severe sentence it allows, asks whether the defendant wants a lawyer, and enters a not-guilty plea if the defendant is not ready to resolve the case. Many cases are settled at a pretrial conference with the prosecutor. If not, the defendant can ask for a jury trial, heard by six jurors, or a trial before the judge. Appeals go to the Yellowstone County District Court.
Penalties for common misdemeanors
- Theft, $1,500 or under: the Municipal or Justice Court judge can impose as much as six months and $1,500. First-time shoplifting at a Billings store frequently ends with repayment, a fine and a deferred sentence.
- First DUI: a mandatory 24 hours behind bars, up to six months total with suspension of part common; a fine from $600 through $1,000; ACT, the alcohol class Montana requires; and six months without full driving privileges, usually softened by a probationary license. A Billings driver who tests at .16 or above, or who refuses testing with an earlier DUI on record, faces aggravated DUI and higher minimums. Repeat offenders may be steered toward the DUI court.
- Partner or family member assault, first offense: a jail sentence between one day and one year, a fine that the Billings judge sets between $100 and $1,000, and a mandatory partner-violence intervention program. A no-contact order is usually in place from the first appearance. A third PFMA is a felony.
- Criminal trespass and other misdemeanors without a listed penalty: up to six months and $500.
Typical outcomes include a deferred sentence, a suspended sentence with probation and conditions, fines and costs, or dismissal. Most misdemeanors in Billings are completed in one to four months, although contested DUI and PFMA cases can take longer.
Felony (for example, burglary, felony theft, drug distribution, aggravated assault)
Yellowstone County files more felonies than any other Montana county, and drug offenses make up a large share. The process:
From Justice Court to District Court
Day one of a Billings felony is a video appearance from King Avenue East into a Justice Court courtroom on 27th Street; the justice of the peace fixes bail and, for those who qualify, appoints OPD. Usually within days or a few weeks, a deputy county attorney submits the affidavit and motion for leave to one of the Thirteenth District judges. With leave granted, the Information is filed, and the felony lands on a particular district judge's docket.
District Court hearings
At arraignment, the defendant enters a plea. The omnibus hearing then sets the framework for the case: discovery, notice of defenses, motions to suppress or dismiss, and the trial date. Plea negotiations run throughout. A large majority of Yellowstone County felonies are settled by plea. Cases that are tried go to a jury of twelve Yellowstone County residents, and a conviction must be unanimous. Yellowstone County judges analyze speedy-trial motions by balancing factors; once roughly 200 days pass, the prosecution carries a heavier burden to justify the wait.
Sentencing
- Felony theft (over $1,500): up to 10 years and $50,000.
- Burglary: a 20-year maximum for an ordinary burglary and 40 for an aggravated one, each with a possible $50,000 fine.
- Aggravated assault: a sentencing range from 2 up to 20 years; Billings judges may also fine up to $50,000.
- Criminal distribution of dangerous drugs: fentanyl and methamphetamine dealing in Billings is prosecuted aggressively, and repeat distributors can face many years in prison.
A Thirteenth District judge can either hand the person to DOC, the state corrections department, which decides among prison, a prerelease center (Billings has more than one) and community placement, or sentence directly to prison: Deer Lodge for men, or Montana Women's Prison right here in Billings. For first offenders, a deferred imposition of sentence is often on the table; a clean probation leads to the charge being dismissed. A Montana prisoner usually reaches parole eligibility after serving about 25 percent of the term. A felony in Yellowstone County usually takes six to twelve months to resolve, and longer if it goes to trial.
Violent felony (for example, deliberate homicide, sexual intercourse without consent, robbery)
Violent felony cases in Yellowstone County follow the District Court process above, but bail is typically very high, defendants often remain in the detention facility for the entire case, and preparation involves forensic evidence, expert witnesses and many pretrial motions.
- Deliberate homicide: ten to one hundred years, life, or a death sentence; the state's most recent execution dates to 2006.
- Mitigated deliberate homicide: 2 to 40 years.
- Sexual intercourse without consent: as much as life; short of that, a sentence anywhere from 2 to 100 years tied to the facts, and some versions carry mandatory minimums.
- Robbery: a two-year floor, forty-year ceiling, and up to $50,000 in fines.
- Weapon enhancement: 2 to 10 additional years.
The County Attorney's victim-witness staff notify victims of hearings, and victims have a statutory right to be heard at sentencing. Public defenders with major-crimes experience usually handle these cases for eligible defendants. A violent felony case in Billings often takes one to two years or more.
Juveniles (under 18) arrested in Yellowstone County
Charges against Billings-area minors are handled by the Thirteenth District's Youth Court. Montana's Youth Court Act shapes everything there, from the confidentiality of files to the stress on rehabilitation over punishment.
When a youth is arrested, juvenile probation officers conduct intake and decide whether the matter can be resolved informally, through an agreement involving restitution, counseling or community service, or whether to refer it to the County Attorney. The County Attorney files formal petitions in Youth Court. Youths have a right to counsel, provided through the public defender if the family qualifies.
Detained youths go to the county's own juvenile facility, the Youth Services Center on South 26th Street (No. 410), (406) 256-6825; it also takes young people from smaller counties across south-central and eastern Montana by contract. Youth Court judges in Billings must hold the detention hearing within a single day, excluding Saturdays, Sundays and legal holidays. State commitment of a Billings youth may mean Pine Hills in Miles City, Montana's correctional campus for young offenders, or a community program instead.
Adult prosecution of a Yellowstone County minor requires District Court approval. For 16- and 17-year-olds it is available on a list of serious felonies; for children from 12 up, only the most extreme charges, deliberate homicide among them, qualify.
Federal cases (U.S. District Court) from Yellowstone County
Billings is the headquarters for the federal Billings Division, so federal cases from Yellowstone County stay in town. The District of Montana's Billings courthouse, named for Judge James F. Battin, stands at 2601 2nd Avenue North, a short walk from the county courthouse. The federal clerk answers at (406) 247-7000.
Common federal cases from Billings
Federal agencies active in Yellowstone County include the FBI, DEA, ATF, HSI and the U.S. Postal Inspection Service, often working with Billings police and sheriff's detectives in joint task forces. Large drug trafficking cases, especially fentanyl and methamphetamine, felon-in-possession firearm cases, bank robbery, fraud and child exploitation are frequently charged federally. A case can be prosecuted federally, by the state, or by both.
Indian country
The Crow Reservation lies mostly in neighboring Big Horn County, but part of it extends into southern Yellowstone County. Within reservation boundaries, a serious crime involving a Native American suspect or victim generally goes to federal court, and the Crow Tribe's own court takes many lesser cases involving tribal members.
The federal offices
- Federal prosecutors: the U.S. Attorney's Billings office, upstairs in the Battin building (Suite 3200), (406) 657-6101
- Defense for people without funds: Federal Defenders of Montana's Billings office, or a private CJA panel lawyer if Federal Defenders has a conflict
- U.S. Marshals Service, District of Montana headquarters, Billings: (406) 200-6004
The federal process
A person arrested on a federal charge in Billings is brought first to a U.S. magistrate judge in the Battin Courthouse. When prosecutors ask to keep the defendant locked up, the magistrate generally takes up detention inside three court days. The Bail Reform Act then leaves two outcomes: detention, or release on conditions that U.S. Probation and Pretrial Services monitors. Bondsmen cannot post federal bail. If agents started with a complaint, the grand jury has to return an indictment inside 30 days, and arraignment follows. Seventy days is the Speedy Trial Act's trial deadline, and continuances regularly push past it. Plea agreements close most federal cases; a trial verdict needs all twelve jurors. Sentencing follows a presentence report and is based on the advisory U.S. Sentencing Guidelines and any mandatory minimum. Federal sentences are not parole-eligible, and good-time credit can shave off only about 15 percent; supervised release follows the prison term. Appeals go to the Ninth Circuit. The Billings federal court has also operated a drug treatment court for some defendants on supervision.
Where federal detainees are held
Marshals place pretrial federal defendants wherever they have contract beds; some from Yellowstone County stay at King Avenue East, while others are moved to jails elsewhere in Montana. Call the Marshals in Billings to find out where someone is held. Once a Billings federal sentence is imposed, the BOP's online inmate locator shows where the person was sent. Federal prosecution of juveniles is rare.
This guide describes how criminal cases generally move through the courts in Billings and Yellowstone County. It is not legal advice. If you are charged in Billings, Laurel or anywhere else in the county, get advice from a defense attorney; the judge will take a request for appointed counsel, and OPD's Billings staff can be reached at (406) 256-6861. Reach the district court clerk at (406) 256-2851 and the Justice Court at (406) 256-2998.
Criminal Court Process for Yellowstone County Montana
Yellowstone 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, Yellowstone 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 Yellowstone 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, Yellowstone 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 Yellowstone County court on a certain date. In cases involving more serious crimes, the person is usually placed in Yellowstone 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, Yellowstone 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 Yellowstone 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 Yellowstone 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 Yellowstone 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.
