Gambling Laws in Montana

'Except as specifically authorized by statute, all forms of public gambling, lotteries, and gift enterprises are prohibited' (§ 23-5-151). Authorized forms include the state lottery and sports wagering run by the Montana state lottery, which may be done in person or on mobile devices only within the physical confines of an approved licensed sports wagering facility (§ 23-7-103); licensed video gambling machines (bingo, poker, keno, video line and multigame) at licensed operators (§ 23-5-603); live card game tables under permit (§ 23-5-306); and raffles, bingo, Calcutta pools and sports pools under Title 23, chapter 5. Internet gambling, including online casinos using any currency, is defined as an illegal gambling enterprise, and tribal class II and III gaming on Indian lands is excluded from that definition (§ 23-5-112). Possessing an illegal gambling device or operating an illegal gambling enterprise is a misdemeanor: up to $500 for a first offense, rising to up to $1,000 and 6 months in jail, then up to $10,000 and 1 year for repeat convictions within 5 years (§§ 23-5-152, 23-5-161); cheating or using an illegal gambling device to obtain more than $750 is a felony (§ 23-5-156).

Montana's rule on court-appointed lawyers: The Office of State Public Defender assigns counsel to eligible applicants; eligibility determinations are subject to the review and approval of the court. An applicant is indigent if 'the applicant's gross household income is at or less than 133% of the poverty level' (federal poverty guidelines) or if disposable income and assets are 'insufficient to retain competent private counsel without substantial hardship to the applicant.' The applicant must provide a detailed financial statement and sign an affidavit on a prescribed form; false statements may be prosecuted. The section does not set an application fee. MCA § 47-1-111

Lawyers set their own fees, and Montana has rules on how they may charge. See hiring a criminal defense lawyer in Montana for fee rules, how to check a lawyer's license and free help.

How release before trial works in Montana: Before a verdict, the court must either authorize release 'upon reasonable conditions that ensure the appearance of the defendant' and protect the safety of the community or any person, or detain the defendant when there is probable cause to believe the defendant committed an offense for which death is a possible punishment and adequate safeguards are unavailable (§ 46-9-106). The amount of bail must be sufficient to ensure the defendant's presence and compliance with bail conditions and to protect any person from bodily injury; 'not oppressive'; commensurate with the nature of the offense; and considerate of the financial ability of the accused, prior record, history of abscondence, length of residence and community ties, family ties, mental health status and treatment, and employment status (§ 46-9-301). MCA §§ 46-9-106, 46-9-301 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Montana expungement and record sealing rules.