Lewis and Clark County Criminal Court handles all criminal cases that are filed in Lewis and Clark County. See below for more information about criminal cases in Lewis and Clark County.
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 Lewis and Clark County a public defender will be appointed by the judge if you cannot afford private representation.
Lewis and Clark County Criminal Court hearings
Criminal hearings in Lewis and Clark County will take place at the Lewis and Clark County Criminal Courts. Please see here for a list of the Lewis and Clark County Criminal Court Locations.
Lewis and Clark County Criminal Court
Lewis and Clark County Prosecutor
For criminal cases in Lewis and Clark County, the prosecutor will be a representative of Lewis and Clark County. The Lewis and Clark County prosecutor reviews all evidence and ultimately decides whether to file or dismiss charges in the case. Most of the time, the prosecutor has leeway in plea negotiations and determines how the case will be prosecuted.
Mandatory Appearances in Lewis and Clark County Criminal Court
At a mandatory or required court appearance in Lewis and Clark 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.
Where can I get help for my Lewis and Clark County criminal case?
The 6th amendment of the United States Constitution provides a criminal defendant with the right to an attorney. As read in the miranda rights, this means that if a defendant cannot afford to hire a private attorney a legal attorney will be appointed to the defendant to represent him at no cost to the defendant. This is often a public defender. In addition, the court clerk for Lewis and Clark County will also be able to provide general information about a specific criminal case. The clerk can only provide information and is not an attorney so they cannot provide legal advice, only a licensed attorney can provide legal advice about what the best options for are for your particular case.
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.
What happens in Lewis and Clark County at an arraignment?
In Lewis and Clark County the defendant is brought into court and informed by the judge of the charges that have been filed against them along with informing them of their rights. At this time, the defendant can plead guilty, not guilty or no contest. If the defendant pleads guilty or no contest, there will be no trial and the defendant may be sentenced immediately or at a later date. If the defendant pleads not guilty a trial date is set.
Can I appeal a guilty verdict?
If found guilty, a defendant may decide to appeal his case to an appelate court. The appellate court will not retry the case, they will examine the proceedings in the lower court to make sure they were done in a legal manner. The appellate court can either uphold the original conviction, or determine that due to errors made in the original trial, that there must be a retrial, resentencing or a complete dismissal of the charges.
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 Lewis and Clark 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.
Jury Deliberations in Lewis and Clark County
In Lewis and Clark County, jury deliberations will take place in a jury trial after the prosecution and defense have presented their cases and rested. At this point, the judge will provide a list of instructions to the jury about what they are allowed and not allowed to do and what verdict options are available for them to decide. The jury will be sent to a private room to discuss the evidence presented in the case and attempt to reach a unaminous decision. When a unaminous decision is reached, the jury will inform the judge that they have reached a verdict and will return to the courtroom for the verdict to be read allowed. In the event that the jury cannot reach a unanimous verdict, the jury results in a deadlock and a mistrial is declared.
Sentencing in Lewis and Clark County
In Lewis and Clark County if the defendant is found guilty (by trial or plea), the defendant will be sentenced. This sometimes occurrs immediately after being found guilty, but can also take place at a later date. In most instances, a judge will impose the sentence that is requested by the prosecution, but they also have the descretion to impose a different 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.
Lewis and Clark County Criminal Court Locations
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Lewis and Clark County District Court – 1st Judicial District
Address: 228 Broadway, Room 104, Helena, MT 59601
Phone: 406-447-8216 Fax: 406-447-8275 -
Lewis and Clark County Justice Court
Address: Phone: 406-447-8201 (Civil, Small Claims) Fax: 406-447-8269
Phone: 406-447-8202 (Criminal) Fax: 406-447-8269 -
East Helena City Court
Address: 306 East Main, PO Box 1170, East Helena, MT 59635
Phone: 406-227-5321 Fax: 406-227-5456 -
Helena Municipal Court
Address: 228 Broadway, Helena, MT 59601
Phone: 406-447-8466 Fax: 406-447-8265