Montana § 46-10-203 Disposition Of Defendant

Montana Statutes

§ 46-10-203 — Disposition Of Defendant

Montana § 46-10-203

Title 46CRIMINAL PROCEDURE

Ch. 10PRELIMINARY EXAMINATION

Part 2Procedure at Preliminary Examination

This text of Montana § 46-10-203 (Disposition Of Defendant) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 46-10-203 (2026).

Text

46-10-203 . Disposition of defendant.

(1)If from the evidence it appears that there is probable cause to believe that an offense has been committed and that the defendant committed it, the judge shall hold the defendant to answer to the court having jurisdiction of the offense.

(2)If it appears from the evidence that there is insufficient probable cause to believe that an offense has been committed or that the defendant committed it, the judge shall dismiss the complaint and discharge the defendant. The discharge of the defendant may not preclude the state from instituting a subsequent prosecution for the same offense.

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46-10-203 . Disposition of defendant. (1) If from the evidence it appears that there is probable cause to believe that an offense has been committed and that the defendant committed it, the judge shall hold the defendant to answer to the court having jurisdiction of the offense.
(2) If it appears from the evidence that there is insufficient probable cause to believe that an offense has been committed or that the defendant committed it, the judge shall dismiss the complaint and discharge the defendant. The discharge of the defendant may not preclude the state from instituting a subsequent prosecution for the same offense.