Montana Criminal Defense Guide — Charges & Process

Montana divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

• Class Default (no penalty specified) felony: 0–10 years, up to $50,000 fine

Misdemeanor classifications

• Class Default (no penalty specified) misdemeanor: up to 6 months, $500 fine

Every person accused of a crime in Montana has constitutional protections:

• Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
• Right to an attorney — If you cannot afford one, one will be appointed §46-8-101 et seq.. Eligible defendants receive assigned counsel through the Montana Office of the State Public Defender, which provides defense through local offices statewide. The agency has both a Public Defender Division (trial) and an Appellate Defender Division.
• Right to a speedy trial — Montana does not set a fixed number of days for speedy trial §46-13-401. Mont. Code Ann. § 46-13-401 requires that after a plea is entered on a misdemeanor charge, the prosecution be dismissed with prejudice, unless good cause to the contrary is shown, if a defendant whose trial has not been postponed on the defendant's own motion is not brought to trial within 6 months. The court may also, on its own motion or on the prosecutor's application in furtherance of justice, dismiss a complaint, information, or indictment; dismissal of a felony charge requires good cause set forth in an order.
• Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
• Right to confront witnesses — You may cross-examine every witness the state calls against you

Probation in Montana: Deferred imposition: misdemeanor up to 1 year, felony up to 3 years (2 and 6 years if a financial obligation is imposed); suspended sentence: DOC probation supervision generally capped at 5 years for felonies, but up to 10, 15, or 20 years for specified drug, violent, homicide, and sexual offenses §46-18-201.

Montana does allow certain criminal records to be sealed or expunged §46-18-1104 et seq.. Waiting periods: Misdemeanors only: expungement is presumed if the person has no new conviction for 5 years since completing the sentencing terms (including payment of financial obligations and court-ordered treatment), or if a prior conviction is holding back a military academy applicant, enlistee, or service member. Montana's misdemeanor expungement law (Ch. 384, L. 2019) lets a person convicted of one or more misdemeanors petition a district court to expunge related arrest, investigation, detention, and court records. A person may petition only once in their lifetime and must be fingerprinted. The presumption also requires that the person not be currently detained, charged, or facing pending charges. Expungement is not presumed for convictions such as assault, partner or family member assault, stalking, sexual assault, protective-order violations, or DUI. The court may still grant it after considering the petitioner's age at the offense, the time elapsed, rehabilitation, likelihood of reoffending, and other relevant factors.