FREQUENTLY ASKED QUESTIONS

A)  If you are the Defendant in a criminal case, once you have appeared in Municipal Court and entered a plea of Not Guilty, you should send a letter to the Bozeman City Attorney's Office requesting discovery.  The letter should include your name, your case number (it is included in your paperwork from Municipal Court and generally starts with "TK"), your mailing address, and state that you are requesting discovery in your case.  The request will be processed and a letter will be sent letting you know when discovery is available for you to pick up.  There is generally a small charge for copying if the number of pages exceeds 6.  If a digital media is available in your case, you will be advised as to how you may obtain this media.  It takes roughly 2-3 weeks after we have received your citation from the Municipal Court for our office to receive the record information, so we ask you to make your request early.  We do not send information to a 3rd party, such as a parent, unless the Defendant is a juvenile.  If you have an attorney, your attorney may request the information after filing a Notice of Appearance with our office and the Court.

2)  How can I negotiate a plea agreement with the Prosecutor?

A)  If you have entered a Not Guilty plea in Municipal Court, you are welcome to discuss the case with a Prosecutor.  However, Prosecutors are frequently in Court, so it is recommended you send a written request for your case to be reviewed and an offer made.  If there are facts you want the Prosecutor to know, you may include them.  You should know that any information you include could be used against you if you are unable to come to an agreement and the case goes to trial.  With the number of cases being handled by the City Attorney's Office, any attempts at negotiating an agreement should occur well in advance of your trial date.  Waiting until two weeks before trial to initiate a discussion may not result in a satisfactory resolution or in the matter going to trial because the Prosecutor is unable to respond to you in a timely manner.  Negotiations may not occur with a parent unless the Defendant is under 18.

3)  Can I get a deferred imposition of sentence?

A)  There are certain cases where a defendant, if they have never had a particular charge before, is statutorily eligible for a deferred imposition recommendation.  The Deferred Imposition requires a person to plead guilty and be sentenced, and must request, at the end of the term imposed, the Court dismiss the charge if they have complied with the sentence imposed.  It is important to remember the Court will not carry out the final part of a deferred without an affirmative request by the Defendant at the conclusion of the sentence.  This Office will consider a deferred imposition for those who have no prior criminal record depending upon the facts of the specific case.  However, because alcohol offenses are serious, the recommendation for a deferred imposition of sentence is not generally made in Minor in Possession cases, and is not available, by statute, in DUI cases.  This does not mean you cannot ask for this treatment in court, it just means this Office is not likely to make the recommendation.

4)  Can I get a Pre-Trial Diversion Agreement?

A)  A Pre-Trial Diversion Agreement, or Deferred Prosecution Agreement, is an agreement with the City Attorney's Office.  The City agrees not to pursue prosecution for a period of time, typically 1 year, in exchange for certain agreements from the Defendant.  These agreements generally involve some kind of counseling or medical treatment, attendance at classes, or some form of community service.  These agreements are rare in the City Attorney's Office.  All agreements follow a standard format, and are supervised by the Court Services Office to insure compliance during the term.  There is a standard administrative fee of $85.  The Agreement must also be approved by the Court before it becomes effective.

5)  What if I need a continuance of my trial date?

A)  If you have a trial date and need to have it continued, you need to contact this Office to insure there is no objection.  Then, you need to file a Motion to Continue with the Municipal Court.  This Motion can be a simple piece of paper stating the reason for the continuance.  It needs to have the name of the case [ State v. "Defendant's Name" ] and the cause number [ TK 08-XXXXX ].  It also must state whether you have contacted this Office and whether we agree or disagree.  Be sure to include your name, address and phone number, and an e-mail address if you have one so the Court can reach you to advise you about whether the Court grants or denies your request.  The original should go to the Court, and a copy should be sent to our office.  You should file this request as soon as possible.  Late requests may not be honored by the Court and the City Attorney's Office may object if witnesses are coming from out of town and/or there is insufficient time to cancel the witnesses. 

6)  What happens if I don't appear for my trial?

A)  If you do not appear for your trial, the State (The City Attorney's Office) will typically ask to have the trial go forward in absentia.  This means without you being present.  The Court may go forward with a trial if you appear to be voluntarily absent from the trial and the date is one which you, as the Defendant, knew about.  The State will call its witnesses and the Court will hear the evidence and make a decision.  The State has a standing request for costs of prosecution, including witness and officer overtime costs, and the Court will consider those at the conclusion of the trial, assuming a guilty verdict is entered.  Officer overtime costs can run $120 per officer based on the current contract.  At the conclusion of the trial, the Court will determine whether to issue a summons for your appearance or an arrest warrant.

7)  What happens if I don't appear at Pre-Trial Services as required by my bond or release conditions?

A)  If you are ordered, as a condition of bond or release, to supervision by Pre-Trial Services, you must appear as required at their office.  If you do not, they will prepare and submit a notice to the Court and to the City Attorney's Office indicating you are in violation. The City Attorney's Office may then prepare a Motion/Petition to Revoke your release.  Upon review by the Court, an order may be issued for a summons or an arrest warrant requiring you to appear to enter a position regarding this Motion/Petition.  If you admit you failed to comply, the Court will review the bond issue and may impose a different bond, increase your level of supervision, or may order your bond/release revoked and remand you to the Detention Center.  If you do not admit you failed to comply, then the Court will schedule a hearing to determine whether you are in violation.  At that time, the Court, if it determines you are in violation, will determine whether to increase the bond, increase your level of supervision, or order you remanded to the Detention Center.

8)  What happens if I don't appear for an Omnibus Hearing or Calendar Call when I've requested a jury trial?

A)  If you request a Jury trial, the Court will schedule an Omnibus Hearing and Court rules require you to appear at Calendar Call the two Mondays immediately before your trial date unless you have settled your case before that time.  The Omnibus Hearing is a time when the two parties complete a form which advises the Court as to whether discovery has been exchanged, whether there are any pre-trial motions, whether the Defendant intends to rely on certain defenses (known as affirmative defenses, which require notice by the Defendant and a list of supporting witnesses or exhibits be produced by the Defendant), whether the State intends to rely upon prior acts, and whether the case may be settled.  The State has this form and generally sends the form to the attorney representing the Defendant the week before the Omnibus Hearing.  If the Defendant is not represented, a copy of the form is sent and the Defendant must either come to the City Attorney's Office to complete the Defendant's portion of the form, or must appear at the Omnibus Hearing to complete the form.  If you fail to appear, the Court may review the form and issue it without the Defendant's input, which may result in the Defendant losing the ability to file motions.  Or, the Court may vacate the jury trial and issue a summons for the Defendant.  Or, the Court may issue a summons for the Defendant and, if the Defendant fails to appear on the summons, the Court may vacate the jury trial and set the matter for a bench trial, finding the Defendant's failure to appear is a waiver of the jury trial right.  Failing to appear at the Omnibus Hearing and Calendar Call may result in the trial date being vacated, with all time for the delay assessed to the Defendant, and a summons or arrest warrant issued.

9)  What rights do I have?

A)  Every Defendant has the right to a trial, and to a jury trial by a group of 6 citizens in Municipal Court; the right to remain silent; the right to confront witnesses and to cross-examine witnesses; and to appeal any decision.  If you are charged with an offense which carries the possibility of jail time, and if the State or the Court wants to reserve the option of a jail sentence, then the Defendant has the right to court-appointed counsel from the Public Defender's Office if the Defendant cannot afford counsel.  A referral by the Court must be made, so the request for a Public Defender should be made at the initial appearance to insure the attorney can begin working on the case as soon as possible.  It is the Defendant's responsibility to stay in contact with the Public Defender.  Loss of contact may result in the attorney being unable to prepare properly for trial and the Court may have to allow the attorney to withdraw.  A Defendant who is assigned an attorney has a competent attorney, and may not request a specific attorney.  A Defendant may always obtain private counsel at their own expense.