Difference between Civil and Criminal Cases?
Criminal and civil cases may be heard by a judge or a jury. If a trial is by judge, there is no jury and the judge makes the decision based on the testimony and evidence presented.
Criminal: In a criminal case a person called the defendant is charged with a violation of the law. The attorney representing the state or local government is called the prosecutor or County Attorney. In criminal cases the judge will inform the jury about the law, and the jury must decide if the defendant has broken that law. Criminal verdicts in Montana must be unanimous. In criminal cases, the prosecution must prove beyond a reasonable doubt that the defendant committed the crime. Prior to the criminal trial, the defendant will have appeared before the judge to plead guilty or not guilty to the criminal charges. This hearing before the judge is called an arraignment.
Civil: Civil cases involve disputes (usually about money) which the parties haven't been able to solve between themselves, and have turned to the court system to resolve. The person bringing the complaint in a civil suit is called the plaintiff. The one defending him or herself against the complaint is the defendant. Defendant must reside in Montana. In a civil case, the jury is asked to determine which side is favored by the preponderance of evidence. Civil jury decisions can be made by a two-thirds majority of jurors. A unanimous verdict is not required, as it is in a criminal trial. Justice Court has a monetary limitation of $15,000. If the amount in dispute is more than $15,000 the case must be filed in District Court.
Can Judges or clerks give advice?
Judges and clerks are prohibited from giving legal advice, though the clerks can answer procedural questions and provide copies of forms.
I got a ticket, when can I see the Judge?
The issuing agency will write an "appear by" date on your ticket, usually within 10 days after it was issued. You may appear during Open court on or before that date. If you fail to appear by that date, a warrant for your arrest maybe issued and your drivers license could be suspended.
Open court is held Tuesday and Thursday's with a check in time of 8:30am, court starts at 9:00 am. The Court sees people who received tickets on a first-come, first-served basis.
I got a ticket, what happens when I see the Judge?
In criminal cases, the Judge will advise you of your rights and the charges against you and then ask you to enter either a Guilty or Not Guilty plea. If you plead Guilty, the Judge will impose a sentence then, but you may first make a statement. If you plead not guilty, the Judge will set a scheduling hearing, called an "omnibus" hearing, which will take place approximately six (6) weeks after your not guilty plea.
Can I get my ticket deferred?
After the entry of a guilty plea or verdict, you may request a deferred sentence. You can not condition a guilty plea upon receiving a deferred sentence. The granting of a deferred sentence is in the discretion of the judge. The judge will take into consideration: the offense you are charged with, driving history, whether or not the citation was the result of an accident involving damage to property or injury to person, whether you have received a deferred sentence in the past. If you have a CDL (Commercial Driver License) a deferred sentence may not be granted.
How do I get a Public Defender?
Everyone has the right to be represented by an attorney in Justice Court. If you are charged with an offense that has the possibility of jail time, and you cannot afford an attorney, the Court can appoint an attorney to represent you. If the offense you are charged with qualifies for a public defender, the Judge will ask if you would like one appointed. If you say yes you will get an application form to determine if you financially qualify. You will need to return the application form to the Public Defender's Office, who makes the decision. If you need a Public Defender referral contact the court to make the request.
What is Omnibus hearing?
It is a scheduling hearing and to discuss if discovery of evidence has been provided to both parties. The purpose of the Omnibus hearing process is to ensure that you have attempted to negotiate a resolution to the case with County Attorney's office, and to insure all parties are prepared for trial and to set a trial date.
Why did the judge suspend my driver’s license?
If you fail to appear for a court hearing or fail to comply with a court order (such as to take a class or do community service) one of the tools the Court has to enforce its order is to suspend your driver's license until you comply with the order. The court will send an Order to Show Cause with a date to comply by or appear by, if you do neither then the court may issue a warrant of arrest and your driver's license will be suspended. When your license is suspended it is effective to all 50 states.
If you are suspended, you will need to contact court that requested your driving privileges to be suspended to clear the suspension. You will also be required to pay a $103.00 reinstatement fee to the Records and Driver Control Bureau before reinstatement.
How do I get a probationary driver's license?
A first offense DUI or Per Se offender must have the approval of the Court and a 30 day wait period. You are required to pay a $206 reinstatement fee to Records and Driver Control Bureau. If you refused the reinstatement fee is $515.
A person with two or more DUI offenses must wait 45 / 90 days respectively, have the court’s approval and apply directly to the Records and Driver Control Bureau.
Contact Records and Driver Control Bureau for more information:
Records and Driver Control Bureau
Helena, MT 59601
(406) 444-3933
How will this ticket affect my insurance?
Justice Court does not actively report traffic tickets to insurance companies. Insurance companies have access to your driving record and make their own decisions on how traffic offenses will affect your rates. We have no input or control on what insurance companies will do.
How do I request a record or background check?
Most Justice Court records are public record and can be made available to the general public, however, there is a $25charge, per name, to perform the record search. Audio recordings $25/flash drive. Copies of records are charged at $1.00 per page, certified copies are $2 per document certified. Original records can not be removed from the office. Search fee is waived for government agencies as long as we receive the request on agency letterhead. A request form is available
here.
PLEASE NOTE THAT WHILE WE WILL DO OUR BEST TO PROCESS THIS REQUEST IN A TIMELY MANNER, IT MAY TAKE UP TO TWO WEEKS FOR A RECORD SEARCH TO BE COMPLETED.
THE REQUEST DOES NOT ENSURE THAT ALL RECORDS ARE TO BE PROVIDED OR AVAILBLE
Montanalawhelp.org Information
"LiveHelp" has launched. LiveHelp allows MontanaLawHelp.org visitors to ask for help finding online legal information and resources. Just click on the "LiveHelp" button on the right side of any page on MontanaLawHelp.org to begin. You will be connected with a MontanaLawHelp.org Web site specialist. Type your question into a box and click the Send button. Your question is sent immediately to the Web site specialist, and the Web site specialist quickly sends you the location of the information that answers your question.
MontanaLawHelp.org is a project of the Montana Legal Services Association, the State Bar of Montana, the Montana Supreme Court Equal Justice Task Force, and Montana's Credit Unions. LiveHelp is sponsored by the Montana Legal Services Association under a grant from the Legal Services Corporation
Please feel free to call the clerk's office at 406-222-4170 with any questions.
