Step By Step Through the MT Court Process

Court appearances can be stressful, so it may be helpful for crime victims to talk to a victim advocate, attorney, or prosecuting attorney (city/county attorney) about what to expect before court hearings. These people can help prepare you for the different steps in the court process. 

Throughout the court process, victims of crime have a right to prompt notification, meaning that they should be informed of what is happening in their case including related arrests, the defendant(s) release, the charges, whether a plea deal is entered, and the dates of trials and sentencing hearings.

Crime Victim Compensation might help you cover expenses related to the crime such as medical costs, mental health costs, lost wages, or funeral expenses. Generally, to get Crime Victim Compensation you must report the crime within 72 hours or have a good reason for taking longer to report. You must cooperate with law enforcement. You must apply for this program within one year of the crime happening or have a good reason for taking longer to apply.  

  After you’ve reported the crime to law enforcement, the police may investigate it. To do this, they may need to get more information from you throughout the investigation process. 

Sometimes investigations take a long time and require repeated contact with the officers looking into the matter. You have a right to have an advocate present during these meetings. For crimes such as sexual assault, you may be able to request an officer of your gender. 

During the investigation, law enforcement officers may ask you to provide as much information about the crime and people involved as possible. It can be a difficult process, so take the time and space you need.

Law enforcement officers are the information gatherers in this process. The investigation may determine that there is not enough evidence to pursue the matter which means that no arrest will be made at that time. Sometimes law enforcement has enough evidence to conclude a crime occurred and they can identify a subject and arrest them. More often, law enforcement will present their investigation results to a prosecuting attorney to decide if the case should be prosecuted. 

  The prosecutor makes the decision to file charges. There are lots of reasons why a prosecutor may choose not to file charges even if the victim wants them to. A prosecutor can also file charges even when the victim does not want the offender charged. This can be frustrating. A victim advocate or an attorney may help you voice your concerns to the prosecutor.

Depending on the crime, charges may be filed in Justice Court, City Court, Municipal Court, or District Court. The prosecuting attorney may file charges through a Written Complaint or Notice to Appear in Justice Court. It’s not uncommon for a case to change courts during the course of the criminal process. For instance, the initial court appearance may take place in Justice Court, while the trial and sentencing hearing happen in District Court. A victim has the right to be told which court is handling the case. In some cases, the prosecutor or judge will recommend that a suspect’s case go through a diversion program like Drug Treatment Court or Veteran’s Court. A prosecutor should consult with a victim before referring a case to a diversion program. 

After charges have been filed, your point of contact may shift from the law enforcement officers to the prosecuting attorney and/or a victim’s witness coordinator. Many county and city attorneys in Montana have victim witness coordinators within their offices to help support victims of crime through the criminal legal process.

For crime victims, the court process officially starts when the prosecutor decides there’s enough evidence to move forward and files charges against an offender. It’s important to remember that prosecutors file charges on behalf of the government, not victims. At this point the suspect or offender becomes “the defendant.”

Victims of crime have a right to attend these hearings, unless the court determines that the victim’s presence interferes with the defendant’s right to a fair trial. Throughout the court process, a victim may be asked by the prosecuting attorney to provide information to the court as a witness.

At an initial court appearance the defendant is told what the charges are against them, the maximum penalty for the crime, and what their rights are. The court may allow the defendant to appear physically in court or through audio or video communication (Zoom). The court may consider bail at this hearing, which means the defendant pays for release from jail while their criminal case moves forward. The prosecuting attorney may suggest a bail amount or request that the judge deny bail, but ultimately the judge decides whether a defendant is subject to bail and the amount the defendant must pay. It is very common for the court to grant a bail request, in which case the judge can make conditions of bail.  The judge may release the defendant on their own recognizance without requiring payment from the offender. In this case, the offender will still have rules, or conditions to follow. The defendant must follow the conditions of bail and conditions of release to stay out of jail while their case moves forward. In most cases the judge will put a criminal No Contact Order* in place to prevent the defendant from having contact with a victim. Some courts include the No Contact Order in the conditions of release, and others include it as a separate filing. If the defendant violates the conditions or the Criminal No Contact Order by contacting you, then you should notify law enforcement and the County Attorney immediately. 

*Note: A criminal No Contact Order is different from a civil Order of Protection. Read more about the difference. 

If the defendant is charged with a felony, there may be a preliminary hearing where the prosecuting attorney must show the court that they have enough evidence to proceed with trial. Sometimes, victims of crime are asked to testify, or provide information to the court as a witness.

 If the prosecutor is successful in a preliminary hearing or if the hearing was waived, the case moves forward to arraignment. At the arraignment the defendant tells the court how they plead to the charges (no contest, guilty, not guilty,). If the defendant pleads guilty, then a sentencing hearing is set. If the defendant pleads not guilty, then the case may be set for trial.

Throughout the case there may be hearings on issues related to the final trial. For example, there may be a hearing to keep certain pieces of evidence out of the case or determine if a certain expert can testify. Typically victims are not asked to be present during these hearings.

The prosecuting attorney will most likely review the questions they plan to ask you at trial to help you prepare. They may also try to anticipate questions the defense will ask you. The defense attorney may ask to interview you. You have a right to refuse this interview. If you chose to do the interview, you have a right to have a crime victim advocate present for the interview. Defense attorneys are not allowed to interview child victims of sexual offenses.

Plea bargains are a major component of the criminal legal system. A plea bargain allows the prosecutor to resolve the case without a trial. Victims have a right to talk to the prosecutor before a plea agreement if offered. If a plea agreement is reached, the case moves on to sentencing. If the prosecutor and the defendant enter into a plea agreement that you don’t agree with, you have a right to tell the court why you disagree at the sentencing. If the prosecutor and defendant don’t come to a plea agreement, then the case moves forward to trial. 

  During trial, the prosecuting attorney has to show the judge/jury that they have enough evidence to prove the defendant’s guilt beyond a reasonable doubt. Then, the defendant has the opportunity to present evidence to counter the prosecutor’s case.  Victims may be subpoenaed or ordered to testify. This allows the prosecuting attorney and the defendant’s attorney to question a victim as a witness. It is common for the Court to exclude witnesses (including victims) from the courtroom during a trial before they testify. If you are a victim and are being excluded from the courtroom, you may want to speak with a victims’ rights attorney. At the end of trial, the judge or jury decides whether the defendant is guilty or not guilty, this decision is the verdict. 

If the defendant is found not guilty at trial, the case is over. The defendant will be released if they were in custody during the trial and the criminal No Contact Order is no longer in place. If the defendant is found guilty, the case will move onto sentencing. 

Before sentencing or at the sentencing hearing, victims may submit a Victim Impact Statement to the court. Victim Impact Statements allow crime victims to write or speak about how a crime happened, how it has affected them, and what their opinion is on sentencing. These statements are voluntary. Victims can also submit restitution requests. Restitution is money meant to restore something that was lost or damaged because of the crime.  Victims can get restitution from the defendant for many things such as lost or broken property, lost wages, travel expenses, medical bills, mental health bills, future medical bills, future mental health bills, and funeral expenses. It is best to compile evidence to support your restitution request and get it to the prosecuting attorney well before a sentencing hearing. You can ask for help putting together a restitution claim from a Crime Victim Coordinator. You can also use our free Restitution Calculator to record your existing and future expenses that incurred because of the crime.

Depending on the crime the offender was convicted of, you may have the right to post-conviction notification. If the offender was convicted of a felony offense, you have the right to be provided information from the department of corrections about the convicted person’s incarceration.You can sign up for notification through VINE.

If you are the victim of a sexual offense, you have a right to request a sentencing order or condition of release (probation or parole) that prevents the convicted person from having any contact with you. If the offender violates a sentencing order or release conditions, the prosecutor may file more criminal charges. Again, the prosecutor decides if these charges will be filed and pursued.

You have the right to make a statement to the Parole Board. You can present statements in person or by letter. You can also give a statement live, through video conferencing. Your statement can describe the impact of the crime on your life, what happened, how the crime happened, and whether or not you think the offender should be paroled. The Parole Board must consider your statement in making their decision. You may ask for your statement to be kept confidential.

Montana maintains a registry for violent and sexual offenders. You can search the registry.

Note: A victim may apply for a civil protection order at any point. You do not have to wait for the criminal case to be over, though you may want to consult with an attorney about what makes sense in your situation.

• Montana Legal Services Association (MLSA) provides free civil, non-criminal legal help to eligible clients. Apply for free legal help by calling 1-800-666-6899 or applying online.
• Contact your nearest Self Help Law Center. They can't give legal advice, but they can explain the court process and check your forms. They have offices across Montana.

• File a claim online for the Crime Victim Compensation Program.
• For those in need of interpretation services to assist them in court proceedings, apply at MontanaLawHelp.org.
• More information and forms for victims are available through the Montana Department of Justice.