Montana Criminal Defense Attorneys

A criminal charge in Montana plays out differently than almost anywhere else.

Free to use — fees quoted upfront, before you commit
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30,000+ plaintiffs served nationwide

Free Montana criminal defense case review

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How we match your Montana criminal defense case

When you submit a Montana criminal defense matter, we route it through a national network of independent partner firms and put it in front of the one that fits best — based on the kind of case it is, what it is likely to involve, where it has to be handled, and who has capacity to take it on now.

Case type

A criminal defense matter needs someone who handles criminal defense work day to day, not a generalist. Practice area is the first filter.

Size and complexity

Some firms are built for catastrophic injury and multi-party litigation; others resolve straightforward claims quickly. We weigh what your matter is likely to involve against how each firm actually works.

Jurisdiction and licensing

Your matter is decided under Montana law, so it goes to an attorney licensed in Montana who regularly appears where your case would be heard.

Capacity and fit

Availability, conflicts of interest and language all matter. If the best-fit firm cannot take your case, we route it to the next one that can — or tell you plainly when no one in the network is the right answer.

Every partner reviews your case for free. Injury and workers’ compensation matters are handled on contingency — no fee unless you win. Other matters are quoted upfront, before you commit to anything.

Get started How DearLegal works

DearLegal provides marketing and matching services and is not a law firm. Submitting a case does not create an attorney-client relationship. Matches depend on case type, jurisdiction and firm availability.

Exhibit A

What happens with a criminal defense claim in Montana

Day 0
Arrest or charge.
Say nothing beyond identifying yourself and ask for a lawyer. Do not consent to searches. Everything after this is built on what you did not say.
Within 24 hours
Tell us what happened.
Two minutes on this page. A Montana criminal defense attorney reviews it for free and, if it’s a fit, you’re matched within 24 hours.
Days 1–14
First appearance and bail.
Your attorney addresses release conditions and gets the charging documents. In Montana, this is where the tone of the case is set.
Weeks to months
Discovery and motions.
Police reports, video, lab work, witness statements. Motions to suppress or dismiss are filed where the evidence was obtained improperly.
Before trial
Negotiation or trial.
Most cases resolve by dismissal or plea; some go to trial. Your attorney advises on the risk of each with the actual evidence in hand.
Resolution
Outcome and record.
Fees are quoted before you commit — hourly or a retainer, spelled out in writing at the free consultation.

Felony Statute of Limitations: No limit
No limit for deliberate homicide; 10 years for sexual intercourse without consent and certain sex offenses involving children; 5 years for most other felonies (MCA § 45-1-205)
Misdemeanor Statute of Limitations: 1 year
1 year for most misdemeanors (MCA § 45-1-205(2))
Sentencing Structure: 3 years
Statute-specific maximums rather than uniform classes; Persistent Felony Offender enhancements (MCA § 46-18-501); deferred imposition of sentence (§ 46-18-201) up to 3 years; mandatory minimums for certain firearm and sex offenses
Expungement / Record Sealing: 5 years
MCA § 46-18-1101 et seq. — misdemeanor expungement after 5 years (expanded in 2017); completing a deferred imposition means dismissal and expungement; felony expungement remains narrow
Bail / Pretrial Release: Governed by MCA § 46-9-101
Governed by MCA § 46-9-101 et seq.; constitutional right to bail with exceptions (Mont. Const. Art. II, § 21); pretrial risk assessment encouraged
Typical attorney fee: Hourly
Hourly / Flat Fee

Montana doesn't use a simple felony-class ladder. Crimes are graded under MCA § 45-2-101 et seq., and most felonies carry statute-specific maximums — commonly 5, 10, 20, or 100 years, with life for the most serious offenses. Deliberate Homicide (MCA § 45-5-102) carries 10-100 years, life imprisonment, or death; Montana retains the death penalty even though it has not been actively imposed in many years. Repeat offenders face the Persistent Felony Offender designation under MCA § 46-18-501 — a defendant with one prior felony in 5 years faces 5-100 year exposure, and the recidivist provisions are layered on top of each other. On the other side of the ledger, Montana offers real off-ramps. Deferred imposition of sentence (MCA § 46-18-201) is uniquely valuable: the court can defer imposition for up to 3 years on a felony, and successful completion brings eligibility for dismissal and expungement. The expungement statute, MCA § 46-18-1101 et seq., was broadened in 2017 and now allows misdemeanor expungement after 5 years, plus expungement of deferred sentences upon dismissal. Marijuana is legal too — voters passed Initiative 190 in 2020 (effective January 2022), letting adults 21+ possess up to 1 oz of cannabis flower, on top of medical marijuana dating to 2004. County Attorneys plea-bargain extensively, and many counties run drug courts, mental health courts, and veterans treatment courts. A defense lawyer who knows which doors to push is the difference between a record and a clean slate.

Exhibit B

When to call a criminal defense attorney in Montana

Does any of this sound like you? Tap what applies.

Exhibit C

Criminal Defense cases we take in Montana

Which one is closest to yours?

DUI

Charged under MCA § 61-8-401 (.08 BAC). A first offense brings 24 hours to 6 months in jail, a $600-$1,000 fine, and a 6-month suspension. A second within 5 years means at least 7 days and a 1-year suspension; a third is a misdemeanor with a 30-day minimum. A fourth or subsequent DUI is a felony carrying 13 months-5 years.

Sound like yours? A Montana attorney reviews it free — fees are quoted upfront, before you commit.

Start my free review

Exhibit D

How much do Montana criminal defense attorneys cost?

Typical fee schedule

Montana · Criminal Defense

Fee modelHourly / Flat Fee

Feequoted per petition or matter

Filing costsitemized upfront

Case reviewFree

Illustrative only. Your fee terms are set in a written agreement with your attorney and may include costs and expenses regardless of outcome.

Criminal Defense matters in Montana are usually a flat fee per filing — quoted before you commit, not billed by the hour.

You won't find contingency arrangements in Montana criminal cases — they're barred by Mont. R. Prof. Conduct 1.5(d) and ABA Model Rule 1.5(d). Instead, expect a flat fee for misdemeanors and most felonies, with hourly billing reserved for complex matters. Defendants who can't afford counsel are represented statewide by the Montana Office of State Public Defender.

A good attorney walks through every number at your free consultation — before you sign anything.

Get startedTakes about two minutes. No obligation.

Exhibit E

What your Montana criminal defense compensation can include

A Montana criminal defense recovery is built from several parts. Tap one to see what it covers.

Charge Dismissal

Won through suppression motions, motions to dismiss for insufficient evidence, the speedy trial guarantee of Mont. Const. Art. II, § 24 (which the Montana Supreme Court enforces robustly), or a County Attorney's own motion to dismiss.

DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Exhibit F

Montana criminal defense questions, answered

Still unsure? Tell us what happened and a Montana attorney will review it for free.

Start free review

Don't. Be polite, decline, and ask for a lawyer. Montana Highway Patrol, the Division of Criminal Investigation, sheriffs, and city police are all trained interrogators, and everything you say can be used against you. You hold both a Fifth Amendment right to silence and a separate protection against self-incrimination under Mont. Const. Art. II, § 25 — invoke them.

Almost always. Depending on the offense, a Montana misdemeanor can mean up to 6 months or 1 year in county jail plus fines — and DUI or domestic violence convictions carry collateral consequences that follow you for years. A lawyer can also pursue deferred imposition of sentence under MCA § 46-18-201, which for many misdemeanors ends in dismissal and expungement.

State felonies run through Montana District Court, with misdemeanors in Justice Court or City Court. Federal cases land in the U.S. District Court for the District of Montana — courthouses in Billings, Great Falls, Missoula, Helena, and Butte — where the U.S. Sentencing Guidelines apply. Federal prosecutions here often involve drug trafficking, offenses on federal land (Glacier National Park, Yellowstone, the federal forests), Indian Country cases under the Major Crimes Act on the reservations, and § 922(g) firearm charges.

Your attorney negotiates directly with the County Attorney, and the agreement is governed by MCA § 46-12-211. Deals can include reduced charges, stipulated sentence recommendations, entry into drug court or mental health court, and — often the best outcome available — deferred imposition of sentence under MCA § 46-18-201, where completing the deferral means dismissal and expungement.

Often, yes. Montana broadened expungement in 2017 through MCA § 46-18-1101 et seq. Misdemeanors become eligible 5 years after you complete your sentence, and a finished deferred imposition results in dismissal and automatic expungement. Felony expungement is still narrow — limited to certain non-violent first-time offenses through specific procedures.

Montanans under 18 go through Youth Court under MCA § 41-5-101 et seq., where records are confidential. Most juvenile records are automatically sealed when the court's jurisdiction ends — typically at age 18 — under MCA § 41-5-216. The serious risk is transfer: juveniles 12 and older charged with serious offenses can be moved to adult District Court under § 41-5-206 et seq.

Tough and escalating. The limit under MCA § 61-8-401 is .08 BAC (.04 for commercial drivers, .02 if you're under 21). Implied consent under § 61-8-402 means refusing a test triggers an automatic 6-month license suspension the first time. Repeat offenders and high-BAC first offenders face mandatory ignition interlocks under § 61-8-1006, and a fourth DUI is a felony.