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?
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.
Re: Can a Court File Charges Outside Court Hours in Montana
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Ron El
an information filed against him at 4:33 am.
What does that even mean?
What is "an information"?
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.
Re: Can a Court File Charges Outside Court Hours in Montana
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Ron El
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.
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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.
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adjusterjack
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.
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indybail
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. ;))
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.
Re: Can a Court File Charges Outside Court Hours in Montana
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Quoting
adjusterjack
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.