Fraud and Identity Theft in Montana

Theft of identity is purposely or knowingly obtaining another person's identifying information and using it for any unlawful purpose. If no economic benefit or less than $1,500 was gained or attempted, the penalty is a fine up to $1,500, up to 6 months in county jail, or both (up to $3,000 and 1 year if the victim is a minor, incapacitated person or vulnerable adult); if $1,500 or more, it is a felony with up to $10,000 and 10 years in state prison (up to $20,000 and 20 years for those victims) (§ 45-6-332). Credit card fraud (using another's card without consent, or a revoked, counterfeit, fictitious or expired card) is charged as deceptive practices: up to $1,500 and 6 months, or up to $50,000 and 10 years if part of a common scheme or over $1,500 (§ 45-6-317).

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.