Mineral County Criminal Court handles all criminal cases that are filed in Mineral County. See below for more information about criminal cases in Mineral County.
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.
Required Court Appearances in Mineral County
Any required court appearances in Mineral County Criminal Court must be attended by the defendant. Failure to appear in court at your required date and time may result in the judge issuing an arrest warrant.
Mineral County Criminal Court
Sentencing in Mineral County
In Mineral 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.
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 Mineral 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.
Arraignments in Mineral County
During an arraignment in Mineral County, a defendant appears before the court and the judge reads the charges that have been filed against the accused and also informs the defendant of his/her rights. During the arraignment in Mineral County, the defendant can choose to plead one of the following 1) Guilty 2) Not Guilty or 3) No Contest. If the defendant enters a plea of Not Guilty, a date for trial is set. In the event of a Guilty or No Contest Plea in Mineral County the defendant may be sentenced at that time or the sentencing may take place at a later date.
Mineral County Criminal Court hearings
Criminal hearings in Mineral County will take place at the Mineral County Criminal Courts. Please see here for a list of the Mineral County Criminal Court Locations.
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 Mineral County a public defender will be appointed by the judge if you cannot afford private representation.
Prosecutor in Mineral County
In Mineral County, the prosecutor is an attorney representing Mineral County. In some cases, the prosecutor may actually represent Montana. For the most part, the prosecutor in Mineral County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Jury by Trial Right
The US Constitution (Article 3 along with the 6th Amendment) ensures an accused defendant the right to a jury trial. This applies to crimes that have a $500 fine or a potential sentence of six months in jail (aka Serious Crimes). This right to trial by jury can also be waived by a defendant.
Where can I get help for my Mineral 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 Mineral 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.
Appealing a Criminal Conviciton
A defendant may appeal a criminal conviction to an appellate court. In an appeal, the actual trial is not redone, but the appellate court hears arguments that the criminal case was not handled in a legal manner at the original criminal court. The appellate court can either uphold the conviction, or determine that errors were made and may request a retrial, a resentencing of the defendant or that the charges be dismissed.
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.
Mineral County Criminal Court Locations
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Mineral County District Court – 4th Judicial District
Address: 300 River Street, PO Box 129, Superior, MT 59872
Phone: 406-822-3538 Fax: 406-822-3822 -
Mineral County Justice Court
Address: 300 River Street, PO Box 658, Superior, MT 59872
Phone: 406-822-3550 Fax: 406-822-3821 -
Alberton City Court
Address: 300 River Street, PO Box 658, Superior, MT 59872
Phone: 406-822-3550 Fax: 406-822-3821 -
Superior City Court
Address: 300 River Street, PO Box 658, Superior, MT 59872
Phone: 406-822-3550 Fax: 406-822-3821