Sanders County Criminal Court

Sanders County Criminal Court hears all criminal cases in Sanders County. Below you will find specific information about criminal cases and how they are handled in Sanders County.

Burden of Proof

The burden of proof is always on the prosecution in a criminal trial. In other words, the prosecution has to prove beyond a reasonable doubt that the defendant committed the crime. The defense must only prove that there is a reasonable possibility that the defendant did NOT commit the crime. If the prosecution cannot prove that the defendant committed the crime beyond a reasonable doubt, the jury will be instructed to find the defendant not-guilty.

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.

Sanders County Criminal Court

Sanders County Criminal Court

The Right to Trial by Jury

The Sixth Amendment of the United States Constitution guarantees the right to a trial by a jury. This is applicable for when the crime can carry a sentence of 6 months in jail OR a $500 fine, these are known as “Serious Crimes”. The defendant can also waive their right to a speedy and public trial.

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.

Sanders County Prosecutor

For criminal cases in Sanders County, the prosecutor will be a representative of Sanders County. The Sanders 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.

Jury Deliberations in Sanders County

In Sanders 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.

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 Sanders 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.

Mandatory Appearances in Sanders County Criminal Court

At a mandatory or required court appearance in Sanders 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.

Sanders County Arraignments

An arraignment is a court hearing. In Sanders County this is the first thing that will happen in a criminal case. The defendant will be brought before a judge in Sanders 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 Sanders 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.

The Right to Counsel

The Fifth and Sixth Amendments to the U.s. Constitution give defendants in criminal cases the right to counsel/attorney. If you cannot afford an attorney one will be appointed to represent you. Like other rights a defendant has, this one can be waived as well and alternatively you can choose to represent yourself.

Sanders County Criminal Court hearings

Criminal hearings in Sanders County will take place at the Sanders County Criminal Courts. Please see here for a list of the Sanders County Criminal Court Locations.

I need help for my Sanders 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 Sanders 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 Sanders 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.

Sanders County Criminal Court Locations

  • Sanders County District Court – 20th Judicial District

    Address: 1111 Main Street, PO Box 519, Thompson Falls, MT 59873
    Phone: 406-827-6962 Fax: 406-827-6973

  • Sanders County Justice Court

    Address: 1111 Main Street, PO Box 519, Thompson Falls, MT 59873
    Phone: 406-827-6941 Fax: 406-827-6987

  • Hot Springs City Court

    Address: PO Box 669, Hot Springs, MT 59845
    Phone: 406-741-2353 Fax: 406-741-2354

  • Plains City Court

    Address: 101 West Lynch, PO Box 567, Plains, MT 59859
    Phone: 406-826-3515 Fax: 406-826-3082

  • Thompson Falls City Court

    Address: 108 Fulton Street, PO Box 99, Thompson Falls, MT 59873
    Phone: 406-827-3557 Fax: 406-827-3090

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