Why Most Montana Criminals Never Face a Grand Jury

Montana residents often hear the word "indictment" thrown around in the news, but the term doesn't work the same way here as it does in states that rely heavily on grand juries. Most criminal cases in Montana never involve a grand jury at all. Knowing how charges are actually filed in this state makes it a lot easier to follow local court stories without getting tripped up by the terminology.

How Are Felony Charges Filed in Montana? The Role of an "Information"

In Montana, felony cases can move forward in one of two ways. The first and by far the most common is called an "information." This isn't a general term; it's the actual legal name for a formal charging document. A county attorney reviews the evidence in a case and, if it holds up, files that document with the court. A judge then holds a preliminary hearing to determine whether there's enough evidence to move the case forward. The second and much rarer path is an indictment, which is brought by a grand jury rather than a prosecutor. If a news story mentions someone being charged in Montana, odds are it was based on information rather than an indictment.

What Is a Montana Grand Jury and How Does It Work?

A Montana grand jury is made up of 11 people, and at least 8 of them must agree before charges can move forward. Their job isn't to decide if someone is guilty. They're only deciding whether the evidence is strong enough that a trial jury could reasonably convict based on it. If eight or more agree that it is, they issue an indictment. If not, the case doesn't proceed on those charges.

Information vs. Indictment: The Key Differences in Montana Law

Both an information and an indictment serve the same basic purpose: they officially tell someone what crime they're accused of and allow the case to move toward trial. What changes is who makes that first call. With information, a prosecutor decides to file charges, and then a judge checks that decision at a hearing that the public and the defense can attend. In an indictment, a grand jury makes that decision behind closed doors, with neither the public nor the defense present.

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The Montana Criminal Justice Process: What Happens After Someone Is Charged?

Once someone is charged, whether by information or indictment, they're brought in for an arraignment, where they enter a plea. From there, the case proceeds through pretrial motions and evidence gathering, then heads to trial unless it's resolved earlier through a plea deal or dismissal. For most Montanans following a case in the news, this is the point where the story starts to look like the courtroom coverage we're used to seeing.