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Montana

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions to correct a factually erroneous sentence or judgment, to withdraw the plea, to be resentenced, or for a new trial based on legal errors in the proceedings.
  • Victims can receive information about post-trial motions from the County Attorney’s Office where the crime was prosecuted.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-sentencing motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • To receive appeal updates, victims can contact the County Attorney’s Office where the crime was prosecuted and/or the Appellate Services Bureau of the Montana Office of the Attorney General (AG).

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, a reduced sentence, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The Appellate Services Bureau of the Montana Office of the Attorney General (AG) represents the State in post-conviction proceedings. To receive state post-conviction updates, victims can contact the AG’s office by phone at 406-444-2026 or by email or contact the County Attorney’s Office where the crime was prosecuted.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Montana law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The Appellate Services Bureau of the Montana Office of the Attorney General (AG) represents the State in federal habeas corpus proceedings. To receive updates, victims can contact the AG’s office by phone at 406-444-2026 or by email.

Early Release Programs

These can include parole and medical parole.

Clemency

In rare cases, the governor may grant the convicted person relief from their conviction or sentence.
  • The governor can grant clemency to people convicted under Montana law. In this work, the governor is assisted by the Board of Pardons and Parole. In Montana, clemency typically takes one of two forms: a pardon (which forgives a conviction) or a commutation (which shortens a person’s sentence).
  • To ensure clemency notification, victims should contact the County Attorney’s Office where the crime was prosecuted and/or a Department of Corrections Community Victim Liaison.

Victims Rights
Post-Conviction

In Montana, victims have the right to:
  • Be treated with fairness and respect and freedom from intimidation, harassment, and abuse
  • Notification and presence at public proceedings, including appeals and post-conviction hearings*
  • Notification of post-conviction decisions*
  • Notification of the sentence, incarceration status, release, or escape of the convicted individual*
  • Communicate with the prosecutor
  • Express their views on release, sentencing, and parole proceedings
  • Refuse an interview with the convicted individual and their representatives
  • Information and participation in clemency procedures
  • Prompt return of property
  • Request restitution and apply for crime victim’s compensation
  • Prompt return of property that is no longer needed as evidence

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Montana Crime Victim Compensation Program reimburses victims for expenses related to the crime, such as lost wages, medical expenses, and funeral expenses.
  • Victims may request assistance with unpaid restitution through the District Attorney’s Office where the crime was prosecuted. Victims can apply for the Crime Victim Compensation Program by requesting or downloading a claim form. Victims can find additional information through the Montana Department of Justice. Claims must be filed within one year, with limited exceptions.
Click here to learn more about the post-conviction process and victims’ rights in Montana

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