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Can Charges be Filed Outside of Court Hours

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  • 05-26-2013, 12:56 PM
    Ron El
    Can Charges be Filed Outside of Court Hours
    My question involves criminal law for the state of: Montana

    There is a public post on Craigslist about someone who had an information filed against him at 4:33 am. This seems really broken to me, but can't find any kind of legal precedent one way or the other. I mean, aside from prioritized needs like search warrant requests by law enforcement, I was under the impression that courts could only operate within the hours they post so that they would be subject to public scrutiny. Does anyone have some caselaw that discusses this?
  • 05-26-2013, 01:02 PM
    cbg
    Re: Can a Court File Charges Outside Court Hours in Montana
    The possibility exists that there is a typographical error and it was actually filed at 4:33 pm.
  • 05-26-2013, 02:10 PM
    adjusterjack
    Re: Can a Court File Charges Outside Court Hours in Montana
    Quote:

    Quoting Ron El
    View Post
    an information filed against him at 4:33 am.

    What does that even mean?

    What is "an information"?
  • 05-27-2013, 06:39 AM
    indybail
    Re: Can a Court File Charges Outside Court Hours in Montana
    The vast majority of judicial decision making does not occur while court is in session. Consider the Supreme Court. All of their deliberations are made in private and then the decisions are put in writing and published. They do no make their pronouncements from the bench.
  • 05-27-2013, 08:01 AM
    Mr. Knowitall
    Re: Can a Court File Charges Outside Court Hours in Montana
    Quote:

    Quoting Ron El
    View Post
    There is a public post on Craigslist about someone who had an information filed against him at 4:33 am.

    So... we're not exactly looking at the original source.
    Quote:

    Quoting Ron El
    I was under the impression that courts could only operate within the hours they post so that they would be subject to public scrutiny.

    As the indictment is prepared by a prosecutor, the act of accepting a filed document does not involve much action by a court. Given that many courts how provide for around-the-clock electronic filing, the fact that a particular document is filed outside of regular court hours could simply mean that's when the party who prepared the document hit a "submit" button on their computer.
    Quote:

    Quoting adjusterjack
    View Post
    What is "an information"?

    An "information" is a document prepared by a prosecutor that presents the essence of a charge against a defendant. It can be contrasted with an indictment, which is essentially the same thing but issued by a grand jury.
    Quote:

    Quoting indybail
    View Post
    The vast majority of judicial decision making does not occur while court is in session.

    The filing of an information is not an act of judicial decision-making. (And the Supreme Court doesn't put in a night shift. ;))
  • 05-27-2013, 08:17 AM
    flyingron
    Re: Can a Court File Charges Outside Court Hours in Montana
    Can't vouch for Montana, but around here the lowest level of the judiciary works 24 hours. They take turns having the duty and there's typically only ONE judge on duty at night, but it's possible to have charges accepted by the court at any hour.

    However the "information" in Montana and federally is actually the statement of charges by the prosecutor. It doesn't even need a judge to be "filed," just transmitted to the court somehow.

    What makes you think that the legal process is obligated to work during business hours? There's no constitutional or other precedent that would imply this.
  • 05-27-2013, 10:51 AM
    davidmcbeth3
    Re: Can a Court File Charges Outside Court Hours in Montana
    Quote:

    Quoting adjusterjack
    View Post
    What does that even mean?

    What is "an information"?

    An information is a charging document, more formal than a ticket - less formal than an indictment (generally). One can consider it a complaint basically.
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