What to Expect After Being Arrested in Montana: From Booking to Court
When you are arrested in Montana, you move through several key stages before your case reaches trial. Each stage matters, and how you handle these moments can have a significant impact on the outcome. Whether the charge is a misdemeanor or a felony, the process that follows—from booking to court—unfolds according to Montana law.
As an experienced criminal defense attorney, I, Attorney Carl Jensen Jr., understand the importance of comprehending each step and its implications for your case. I often speak with people who are scared, uncertain, and overwhelmed after being arrested in Great Falls, Montana.
That first encounter with law enforcement can feel like your world has been turned upside down, but understanding what happens next can help you prepare and protect your rights.
My goal is to explain what you can expect, outline your rights, and demonstrate how proper representation under criminal defense law can protect your future.
The Arrest and Initial Detention
An arrest in Montana begins when law enforcement has probable cause to believe you committed a crime. That means they must have evidence strong enough to justify taking you into custody.
Once arrested, you will typically be read your Miranda rights, which include your right to remain silent and your right to an attorney. Exercising those rights is one of the most important steps you can take. In criminal defense, silence is often your best protection until you have legal counsel present.
After the arrest, you will likely be transported to a local jail or detention facility. During this time, it’s natural to feel pressure to explain yourself, but remember—anything you say can and will be used against you in court. My advice is simple: remain calm, be respectful, and wait to speak with your attorney before answering questions.
The Booking Process
Once you arrive at the jail, you will go through the booking process. Under Montana law, booking involves several procedures: your personal information is recorded, your fingerprints and photographs are taken, and your personal belongings are inventoried and stored for later retrieval. The purpose of booking is to create a formal record of your arrest.
Depending on the nature of the offense, you may be asked to submit to testing, such as a breath or blood test, if the charge involves driving under the influence.
In my experience, small details during the booking process—such as how evidence is collected or handled—often become important later in court. Every action taken by law enforcement at this stage must adhere to Montana’s procedural standards.
After booking, you will be placed in a holding cell. Some individuals are released quickly on bail, while others may have to wait for a bond hearing. The time you spend in custody depends on the seriousness of the charge and whether you are considered a flight risk or a danger to the community.
Bail and Bond Hearings
Bail is a financial guarantee that you will appear in court for future proceedings. Under Montana law, judges have discretion to set bail amounts or deny bail altogether in certain serious cases. During a bond hearing, the court reviews factors such as your criminal history, community ties, employment, and the nature of the alleged crime.
I often argue for my clients to be released on their own recognizance, meaning they do not have to post bail if they promise to return to court. This can make a huge difference, especially for those who cannot afford to pay a large sum of money upfront.
If bail is set, you may post it directly or work through a bondsman who charges a fee to secure your release. Once you are out, it’s critical to comply with all court orders and appear at every scheduled hearing. Missing a court date can result in a warrant for your arrest and additional charges.
The Arraignment
The next step after your release—or while you are still in custody—is the arraignment. This is your first formal court appearance, where you will be informed of the charges against you. The judge will ask how you wish to plead: guilty, not guilty, or no contest.
This is a critical moment in criminal defense. Pleading not guilty gives you and your attorney time to review the evidence, investigate the case, and prepare your defense. The prosecution must prove every element of the charge beyond a reasonable doubt, and entering a not guilty plea preserves your right to challenge that evidence.
During the arraignment, the judge may also revisit bail conditions and schedule future court dates. It is essential to thoroughly understand your rights before making any statements or decisions at this stage.
Pretrial Proceedings and Discovery
Once the arraignment is complete, the case enters the pretrial phase. This is where criminal defense work becomes highly active. Discovery begins, meaning both sides exchange information and evidence related to the case.
The prosecution must provide police reports, witness statements, laboratory results, and any other relevant material that may be used in court.
This stage allows the defense to identify weaknesses in the prosecution’s case. For instance, was the evidence obtained legally? Were your constitutional rights violated? Did officers follow proper procedure during the arrest or interrogation?
Under Montana law, evidence gathered unlawfully can be suppressed, meaning it cannot be used against you in court.
During this stage, pretrial motions are frequently filed. I may submit a motion to dismiss charges due to insufficient evidence or a motion to suppress if critical evidence was improperly obtained. The pretrial phase is all about preparation and strategy—laying the groundwork to position your defense for the best possible outcome.
Plea Bargains and Negotiation
Not every case goes to trial. In fact, many criminal cases in Montana are resolved through plea agreements. A plea bargain involves the defendant agreeing to plead guilty to a lesser charge or accepting a reduced sentence in exchange for avoiding trial.
This decision requires careful consideration. Accepting a plea bargain can be advantageous if the prosecution’s evidence is strong and the deal significantly reduces potential penalties. However, pleading guilty forfeits your right to a trial, making it a choice that should only be made after thorough evaluation.
When advising clients about plea agreements, I thoroughly review the evidence, assess the likelihood of success at trial, and consider the long-term consequences of each option. Sometimes it’s better to proceed to trial and fight the charges; other times, accepting a reasonable offer makes sense. Every decision depends on the specific facts of the case.
Preparing for Trial
If your case proceeds to trial, preparation becomes critical. Under Montana law, a trial can be heard by a judge (bench trial) or by a jury. Most defendants opt for a jury trial, where peers from the community determine guilt or innocence based on the evidence presented.
In criminal defense, trial preparation involves reviewing witness testimony, examining evidence, and crafting arguments that challenge the prosecution’s case. The defense has the opportunity to present its own witnesses, cross-examine the state’s witnesses, and make closing arguments to the jury.
A trial begins with jury selection, followed by opening statements, witness examinations, and closing statements. The prosecution presents its case first, and the defense responds afterward.
The burden of proof lies entirely with the prosecution—they must convince the jury beyond a reasonable doubt. If they fail to meet that standard, the jury must return a verdict of not guilty.
Sentencing and Appeals
If a defendant is found guilty, the next step is sentencing. Under Montana law, sentencing varies depending on the severity of the crime and whether it is a misdemeanor or a felony. Sentences may include fines, probation, community service, jail time, or prison.
At this stage, criminal defense advocacy focuses on minimizing the penalties. I often present mitigating factors, such as the defendant’s background, lack of prior offenses, or positive contributions to the community, to argue for leniency.
Judges in Montana have discretion to tailor sentences within the statutory range, so strong advocacy can make a real difference.
If there are legal errors or violations of constitutional rights during the trial, you have the right to appeal. Appeals in Montana are heard by higher courts that review the record for mistakes. While appeals do not retry the case, they can lead to reversals, new trials, or modified sentences.
Protecting Your Rights at Every Step
Being arrested can feel like your future is out of your hands, but under criminal defense law, you still have powerful rights that must be protected. You have the right to remain silent, the right to an attorney, the right to a fair trial, and the right to challenge evidence presented against you.
These rights are more than formalities—they are the foundation of justice. In my law practice, I focus on defending those rights from the moment of arrest through every court appearance.
I remind my clients that what happens in the first few hours or days after an arrest can have lasting consequences. Knowing when to speak, when to remain silent, and how to approach each stage of the process is central to effective criminal defense.
Common Mistakes After an Arrest
In my experience, many people unintentionally make their situations worse because they don’t understand the process. Here are some of the most common mistakes I see people make after being arrested in Montana:
Talking to the police without an attorney present
Posting about the arrest or charges on social media
Ignoring court dates or legal notices
Violating bail conditions
Assuming guilt or pleading too quickly without reviewing the evidence
Avoiding these mistakes can significantly strengthen your criminal defense and improve your chances of achieving a favorable outcome.
Reach Out Today
An arrest in Montana marks the beginning of a legal process that can be intimidating, but understanding what to expect from booking to court can help you regain control of your situation. Each phase—from the initial arrest to trial—is governed by criminal law that protects your rights and outlines the responsibilities of law enforcement and prosecutors.
Every person deserves fair treatment and a strong defense. My work in criminal defense is centered on providing guidance, protection, and advocacy for those facing some of the most challenging moments in their lives.
If you or someone you know has been arrested in Montana, know that your future is not defined by that moment alone.
With proper representation, clear understanding, and an assertive defense, you can move forward with confidence and pursue the best possible outcome under Montana’s criminal defense system. I’m proud to serve the Great Falls, Montana, area and its surrounding communities. Call today to protect your future.
