Criminal Law
Criminal Defense Attorney in Montana
Gibson Perryman will vigorously defend your constitutional rights. Our attorneys fight for justice at the municipal, state, and federal levels daily. From everyday traffic citations to capital offenses, the attorneys at Gibson Perryman are here for you.
Facing a Criminal Charge in Montana?
We understand that dealing with serious crime charges can be a difficult and draining process. Our trusted criminal defense attorney in Montana will negotiate on your behalf with the required knowledge, experience, and skill set necessary to give the results you need most.
What Happens if You Have Been Arrested in Montana?
You have been arrested in Montana for a criminal offense, and have either seen a Justice or Municipal Court Judge. One might ask themselves the question of what happens next. If you have seen a judge, you very likely have already bonded out either by putting up cash or by going through a bail bondsman. If you have seen a Montana Justice Court judge or a Municipal Court judge, you very likely have been charged with a misdemeanor offense. If you have been charged with a misdemeanor offense ranging from Driving on a Suspended License, to Partner Family Member Assault, to Driving Under the Influence, your case is going to be conducted in either a Montana municipal court or justice court.
If you hire a lawyer, your next court setting will be what’s called an Omnibus Hearing. The purpose of an Omnibus Hearing is to set pre-trial hearing dates, deadlines for motions for lawyers to file, and to set a trial date. Prior to attending an Omnibus hearing, typically, the lawyer for the police, depending on the county or municipality you are charged, could be either a County Attorney, Deputy County Attorney, or City Attorney. If you have been arrested by a county sheriff’s department, your lawyer will be working with either a County Attorney or Deputy County Attorney.
If you have been arrested by a city police officer, then your lawyer will be working with prosecutor working as a City Attorney. In that case, the prosecuting attorney must produce any evidence that either the City or County has against you. Typically, there will be police narratives, reports, governmental rap sheets containing your entire criminal record, and any body camera footage or police cruiser footage of the incident in question. Typically, all this information is exchanged prior to an Omnibus hearing. If it is not, your lawyer cannot competently or ethically evaluate your case to determine whether your case is fit for trial. Also, your lawyer will need this information to either determine whether there are triable issues for trial, or whether it would be in one’s best interest to achieve resolution of your case through the negotiated plea process.
If your case makes it to an Omnibus hearing, that means that there is very likely a triable issue. At that point, the judge will set a jury selection hearing date, a final date to file pre-trial motions, and a trial date. Most cases do not proceed to trial, and most cases are resolved through the negotiated plea process. If you have been charged with a misdemeanor offense in the State of Montana, I, Joseph A. Crone, have had experience working cases in the State of Montana from Plentywood, Montana on the North Dakota border to Plains, Montana on the western side of the State of Montana, and all places in between. I would be honored to take on representation in whichever Court and in whichever place you have been accused.
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