Kalispell Municipal Court does not have the power to expunge a conviction. The legislature has granted that authority exclusively to District Courts.
If your sentence was deferred at the time it was pronounced AND you have successfully completed all conditions of the sentence, the Court can dismiss the charge and seal your cause number. What that means is that the public does not have access to the details of the conviction and your criminal record will state that the charge has been dismissed.
If you believe you meet both of these conditions, then you should file a Motion to Dismiss with the court.
This request will be denied if the Court finds that you (1) did not complete all conditions of your sentence on time; (2) if you had a new charge during the time the deferred sentence was running or (3) if the time for deferment has not expired.
If you did not receive a deferred sentence and believe your conviction should be taken off your record, you may be best served by consulting an attorney.
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Refer to your Citation, Court Document or view the court schedule online.If you have been appointment a Public Defender you may call them at 406-751-6080.
Bond refunds are mailed within two to four weeks after ordered returned by the Judge after the case has been disposed.
If you have a warrant you must appear in front of a Judge. You should report to the Court immediately. If there is a warrant out for your arrest and you have contact with law enforcement, you may be arrested and taken to jail.
You will need to go to Flathead County Justice Court which is located at 920 South Main Street, Kalispell Mt.
No, there are certain charges you must appear for. Most minor traffic tickets are able to be paid for at the window or on-line rather than appearing in front of the Judge.
The Montana Department of Motor Vehicles (DMV) assigns points to convictions for traffic offenses. Municipal Court is required to report all convictions to the DMV. On receipt of notice that an individual has a conviction, the DMV will place points on your record. If you accumulate too many points on your record, you could lose your driving privileges.
Each insurance company has different methods of determining your insurance rates. Many base some rate changes on the points the DMV places on your driving record.
You can check your driver’s license status with the DMV to find out how many points you have with the DMV [https://dojmt.gov/driving/driving-records/].
Some of the more common points include:DUI = 10 pointsDriving While Suspended = 6 pointsReckless Driving = 5 pointsNo Insurance = 4 pointsSpeeding = 3 pointsCareless Driving = 2 pointsMoving Violations = 2 points
A ticket can be dismissed at trial, by motion of the City Attorney’s Office or by motion supported by legal authority which has been properly served on the City Attorney.
The Court will not dismiss your ticket based on your explanation about what happened without allowing the City Attorney’s Office to be heard and present witnesses.
Many people represent themselves and many people do so successfully. Please visit our Self Help section for information on hearings and trials as well as some forms you may find helpful. However, if you are charged with something that may involve a jail sentence, you should consider this option carefully. There can be risks associated with self-representation and you should be aware that some offenses in Municipal Court can have unexpected long term consequences on gun rights or driving privileges. The Court will try to answer any procedural questions you have during the process, but the Court cannot tell you how to proceed nor can it give you any legal advice. You will be expected to conduct yourself appropriately and understand the basic rules of evidence and procedure.
Yes. You must appear when required. Failure to appear will result in a warrant for your arrest. The failure to appear could also affect any future sentence.
The court mails payments as it collects the money from the person ordered to pay restitution. An order of restitution does not guarantee that the court will be able to collect on your behalf.
Surcharges are set by the Legislature or City Council and are used to purchase court technology, police academy training, and the crime victim compensation fund.
Defendants who are represented by attorney should request their counsel file a motion to continue on their behalf.If you represent yourself (Pro Se) you may motion the court in writing to continue a scheduled hearing. Clerks can provide you with a form to complete, and there is one on-line, which should be brought to the City Attorneys so their office can indicate on the motion whether the continuance is opposed by the prosecution or not. Your motion should indicate how much time in weeks you are asking for and why. The motion should be signed and dated by the defendant and filed with the court.
If the citation issued to a defendant does not already indicate that the court must address restitution, victims may contact the City Attorneys (406) 758-7714 to request a Notice of Restitution Request be filed with the court.
Please be prepared to show photo ID at the counter. Defendants under the age of 18 must appear with a parent or guardian.
If the judge ordered a Deferred Imposition of Sentence on a traffic violation you will need to contact the court on/after the deferral period. A clerk will be able to grant the deferral if the balance was paid as ordered and there have been no new violations. Within a few business days the state will remove the points associated with the conviction from your driving record. Deferred criminal charges require the defendant or their attorney to request in writing that the deferral be granted. Certain government agencies will still be able to see record of charges but not the general public. The court is of limited jurisdiction and cannot expunge a record but defendants may petition in a District Court to have the physical and electronic record of a conviction destroyed.