Cascade County Criminal Court handles all criminal cases that are filed in Cascade County. See below for more information about criminal cases in Cascade County.
Prosecutor in Cascade County
In Cascade County, the prosecutor is an attorney representing Cascade County. In some cases, the prosecutor may actually represent Montana. For the most part, the prosecutor in Cascade County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Right to an attorney
The US Constitution’s Sixth Amendment ensures the right to an attorney regardless of whether or not you can afford one. In Cascade County a public defender will be appointed by the judge if you cannot afford private representation.
Cascade County Criminal Court
What is Jury Deliberation?
After both the prosecution and defense have presented their cases, the judge in the case will provide instructions to the jury about what they must decide. The jury will be dismissed to the jury room where they will deliberate about the guilt or innocence of the defendant. After reaching a unaminous decision, they return their decision to the court where it is read aloud in the courtroom. If the jury is unable to reach a unaminous decision, the jury is deadlocked, also known as a hung jury, in which a mistrial will be declared.
Mandatory Appearances in Cascade County Criminal Court
At a mandatory or required court appearance in Cascade County, the defendant must appear before the court. In the event of a “Failure to Appear” the judge may issue a warrant for the arrest of the defendant. Note: not all criminal hearings are mandatory, in a non-mandatory hearing an attorney may appear on your behalf without you being in court.
Cascade County Criminal Court locations
Criminal proceedings take place in the Cascade County Criminal Courts. A list of the criminal courts are located here.
Appealing a guilty verdict
A defendant may appeal a guilty verdict to an appellate court. This is not a request to have another trial, but a request for an appellate court to review the case and determine that it was handled in a correct legal manner. There are a number of outcomes in an appeal including an upholding of the conviction, a finding that errors were made resulting in a retrial or resentencing or possibly a complete disimissal of all charges.
Right to Jury Trial
For “Serious Crimes”, those that can have a potential penalty of 6 months in jail OR a minimum $500 penalty, the US Constitution guarantees a right to trial by jury. This is guaranteed by Article III of the Constitution and the 6th Amendment. The accused has the ability to waive their right to trial by jury.
Defendant Sentencing
At a sentence hearing the judge will inform the defendant of the sentence that will be imposed. This sometimes occurs at the same hearing in which the defendant is found guilty (either by trial or plea agreement). In can also occur at a later date, most often this is due to the complexity of the case where more time is needed to determine the appropriate sentence.
Burden of Proof Requirement
In a criminal case in the United States, the burden of proof always requires the prosecutor to prove beyond a reasonable doubt that the defendant is guilty. This is a high threshold that must be met by the prosecution when presenting evidence in a case. If the prosecution fails in it’s burden to prove guilt beyond a reasonable doubt the judge must find the defendant not guilty. In a jury trial, the judge will inform the jury what this burden is and their obligation to find the defendant not guilty if they feel the prosecution did prove the defendant’s guilt beyond a reasonable doubt.
Cascade County Arraignments
An arraignment is a court hearing. In Cascade County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Cascade County Criminal Court and the judge will read the charges that were filed against the defendant. The judge will also read the rights the defendant has and ask the defendant if they understand both the charges filed against them and their rights as a defendant in the case. In Cascade County a plea of Guilty, Not Guilty or No Contest may be entered. In a guilty or no contest plea the sentencing of the defendant may take place at the same arraignment hearing or a later date may be scheduled for sentencing. For a not guilty plea, a date will be set for a trial.
I need help for my Cascade County criminal case
The best place to get information about your criminal case is from an attorney. If you cannot afford an attorney, the court will appoint one to represent you which will assist in your case. For general information about your case the Cascade County court clerk is able to provide general information about your specific case (e.g. date/time hearings, mandatory appearance, what will take place and what you will be required to do). The court clerk for Cascade County will NOT be able to provide legal advice for your case, only an attorney can provide legal advice. The court clerk can provide legal information (like the information found on this website) about your case but cannot provide advice about what you should do in your legal manner.
Plea Agreements
A Plea Agreement, sometimes known as a Plea Bargain is an agreement between the prosecution and the defendant, where the defendant pleads guilty or no contest often in exchange for a lesser charge or lighter recommended sentence. A large majority of criminal cases end in a plea agreement. In Cascade County you can inform your attorney to negotiate with the prosecution to attempt to come to a plea agreement, but this is dependent upon the charge severity and also the prosecutors willingness to accept a plea deal.
Cascade County Criminal Court Locations
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Cascade County District Court – 8th Judicial District
Address: 415 2nd Avenue North, Great Falls, MT 59401
Phone 406-454-6780 Fax: 406-454-6907 -
Cascade County Justice Court
Address: 415 2nd Avenue North, Great Falls, MT 59401
Phone: 406-454-6873 Fax: 406-454-6877 -
Belt City Court
Address: 70 Castner Street, PO Box 453, Belt, MT 59412
Phone: 406-277-3621 Fax: 406-277-3376 -
Cascade City Court
Address: 9 North Front Street, PO Box 314, Cascade, MT 59421
Phone: 406-468-2808 Fax: 406-468-2740 -
Great Falls Municipal Court
Address: 2 Park Drive South, PO Box 5021, Great Falls, MT 59403
Phone: 406-771-1380 Fax: 406-727-8069