§ 46-7-102 — Duty Of Court

Montana § 46-7-102

• Jurisdiction: Montana
• Title 46: CRIMINAL PROCEDURE
• Ch. 7: INITIAL APPEARANCE OF ARRESTED PERSON
• Part 1: General Provisions

Text

46-7-102 . Duty of court. (1) The judge shall inform the defendant:
(a) of the charge or charges against the defendant;
(b) of the defendant's right to counsel;
(c) of the defendant's right to have counsel assigned by a court of record in accordance with the provisions of 46-8-101 ;
(d) of the general circumstances under which the defendant may obtain pretrial release;
(e) of the defendant's right to refuse to make a statement and the fact that any statement made by the defendant may be offered in evidence at the defendant's trial;
(f) that conviction may result in the loss of various rights regarding firearms under state and federal law; and
(g) of the defendant's right to a judicial determination of whether probable cause exists if the charge is made by a complaint alleging the commission of a felony.
(2) The judge shall admit the defendant to bail as provided by law.

Legislative History

En. 95-902 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-902(part); amd. Sec. 88, Ch. 800, L. 1991; amd. Sec. 1, Ch. 129, L. 1997; amd. Sec. 1, Ch. 346, L. 1999; amd. Sec. 2, Ch. 309, L. 2003.