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Answer: Some offenses are mandatory appearances before the Judge. The Judge will ask you for a Guilty or Not Guilty plea. If you decide to plead Guilty, the Judge will sentence you then.
You may explain to the judge the circumstances of why you are guilty, but you cannot plead guilty and explain to the judge why you are not guilty.It is also your right to a trial. Upon entry of a Not Guilty plea, the Judge will ask you for the trial type, Non-Jury or Jury, and a trial will be set. Non-Jury trials are set about 6-8 weeks from your appearance. Jury trials take much longer to set and require a pre-trial hearing.Question: What is the difference between a Jury and Non Jury trial? Answer: A jury trial in Justice Court is a trial where 6 citizens have been randomly selected to hear the case and will make a decision of your guilt or innocence. You may be required to pay for the cost of the trial depending upon the outcome, including the jury costs and witness fees.
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A jury trial may be set as far out as 4 or 5 months from the time of your initial appearance in front of the Judge.A Judge Trial (or Bench Trial) in Justice Court is a trial where the judge alone will make a decision of your guilt or innocence based on evidence presented at the trial.Question: What is an Omnibus hearing? Answer: If the charge you are faced with meets certain criteria, you may be appointed a Public Defender by the court. When you appear in front of the Judge and either enter a not guilty plea or simply say you would like to speak to an attorney, the judge will ask if you can afford an attorney. If you are unable to afford an attorney, the judge may appoint one for you.When you leave the courtroom, you will be directed to the Public Defender’s office. They will have you fill out paperwork to determine if you qualify for their services. You cannot get a Public Defender without first seeing the judge. You may be required to pay for your representation by the Public Defender’s office.Question: Can I get my ticket deferred?
Answer: A first DUI or Per Se offender must have the approval of the Court, be enrolled in ACT, have a valid Montana drivers license and pay a $200 reinstatement fee to be paid to Records and Driver Control Bureau.A person with two or more DUI offenses must wait 90 days and apply directly to the Driver Control Bureau. In addition to other strict conditions, the person is required to be in compliance with the Court order and complete alcohol and drug treatment.You may also need to satisfy other conditions as well.Contact Records and Driver Control Bureau for more information.Records and Driver Control Bureau303 North RobertsHelena, MT 59601(406) 444-3275Question: My license is suspended. Can I get a work permit?