Petroleum County Criminal Court handles all criminal cases that are filed in Petroleum County. See below for more information about criminal cases in Petroleum County.
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.
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.
Petroleum County Criminal Court
What happens in Petroleum County at an arraignment?
In Petroleum 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.
Petroleum County Criminal Court hearings
Criminal hearings in Petroleum County will take place at the Petroleum County Criminal Courts. Please see here for a list of the Petroleum County Criminal Court Locations.
Can I request a Plea Agreement?
In Petroleum County you may be able to enter into a plea agreement depending upon the severity of the charges. It is also dependant upon the prosecution willing to accept a plea agreement. You can ask your attorney to attempt to negotiate a plea agreement with the prosecution to avoid having a jury trial along with the potential for a more serious sentence. Approximately 9 out of 10 criminal cases usually end in a plea agreement.
Prosecutor in Petroleum County
In Petroleum County, the prosecutor is an attorney representing Petroleum County. In some cases, the prosecutor may actually represent Montana. For the most part, the prosecutor in Petroleum County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Where can I get help for my Petroleum 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 Petroleum 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 an attorney
The US Constitution’s Sixth Amendment ensures the right to an attorney regardless of whether or not you can afford one. In Petroleum County a public defender will be appointed by the judge if you cannot afford private representation.
Mandatory Appearances in Petroleum County Criminal Court
At a mandatory or required court appearance in Petroleum 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.
What is the Burden of Proof?
The term “Burden of Proof” means that the prosecutor is required to prove the guilt of the defendant beyond a reasonable doubt. If the prosecutor cannot provide proof of the defendants guilt, then the judge or jury in a trial must find the defendant not guilty. In the United States the principle innocent until proven guilty derives from this that the defendant is assumed innocent and the prosecution has the burden of proving beyond a reasonable doubt that the defendant is guilty.
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.
If guilty, who sentences the defendant?
If the defendant is found guilty after the trial, the defendent will be sentenced. In some cases, this can occur at the same hearing the defendant is found guilty in court, in other cases a separate hearing will be required. Often the prosecution will request a particular sentence for the defendant and the judge will determine whether to enforce this sentence or impose a different sentence for the defendant.
Petroleum County Criminal Court Locations
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Petroleum County District Court – 10th Judicial District
Address: 302 East Main, PO Box 226, Winnett, MT 59087
Phone: 406-429-5311 Fax: 406-429-6328 -
Petroleum County Justice Court
Address: 302 East Main, PO Box 226, Winnett, MT 59087
Phone: 406-429-5311 Fax: 406-429-6328 -
Winnett City Court
Address: 302 East Main, PO Box 226, Winnett, MT 59087
Phone: 406-429-5311 Fax: 406-429-6328