Juveniles Tried as Adults in Montana

Montana uses prosecutor direct filing in adult (district) court with leave of the court. The county attorney may seek to file in district court if the youth was 12 or older and is charged with sexual intercourse without consent, deliberate or mitigated deliberate homicide, certain assaults on a peace officer or judge, or an attempt; or if the youth was 16 or older and is charged with listed offenses such as aggravated assault, robbery, arson, kidnapping, drug distribution or manufacturing, or sex trafficking. For a youth who was 17, the county attorney must seek district court filing for those offenses. The court grants leave on probable cause, and then must hold a hearing within 30 days on sending the case back to youth court, which it can do only on specific findings.

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.