Court Process

Misdemeanor:  A crime that may be punishable by imprisonment in a county jail for up to 1 year and/or a fine of $1,000. 

Prosecutor:  The County or City Attorney.  They represent the State of Montana on behalf of the victim. 

Complaint:  A sworn, written document that formally charges someone with committing a crime. 

Warrant (arrest):  A court order signed by a judge allowing for arrest of the accused. 

Summons:  A court order telling the accused to appear at a court hearing on his/her own at a specified date and time. 

Arraignment:  Judge reads the charges and informs the accused of the maximum sentence.  If an attorney is asked for, bails is set and a time for the accused to return with their attorney and make a plea. 

Plea:  The defendant's formal response to the charges. 

Bail:  A dollar amount given as security that the defendant will appear in court. Guaranteeing this amount allows for release from jail.

Restitution:  Payment by a defendant for costs associated with the crime.  These can be paid to the victim and/or to government agencies. 

Victims Rights: 

-  Consultation with the prosecutor, or representative of their office, regarding the nature of the case.

-  Notification of proceedings relating to the person's case.