Montana Statutes

§ 46-6-310 — Notice To Appear

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 6 ARREST·Part 3 Warrantless Arrest and Notice to Appear

46-6-310 . Notice to appear.

(1)Whenever a peace officer is authorized to arrest a person without a warrant, the officer may instead issue the person a notice to appear.
(2)The notice must:
(a)be in writing;
(b)state the person's name and address, if known;
(c)set forth the nature of the offense;
(d)be signed by the issuing officer;
(e)direct the person to appear before a court at a certain time and place; and
(f)state that failure to appear may result in the suspension of the person's driver's license.
(3)Upon failure of the person to appear, a summons or arrest warrant may be issued.

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Legislative History

En. 95-614 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-614; amd. Sec. 24, Ch. 800, L. 1991; Sec. 46-6-404 , MCA 1989; redes. 46-6-310 by Code Commissioner, 1991; amd. Sec. 1, Ch. 360, L. 2009.

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