Montana § 46-8-101 Right To Counsel

Montana Statutes

§ 46-8-101 — Right To Counsel

Montana § 46-8-101

Title 46CRIMINAL PROCEDURE

Ch. 8RIGHT TO COUNSEL

Part 1Extent of Right -- Indigency Repayment of Costs

This text of Montana § 46-8-101 (Right To Counsel) 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. § 46-8-101 (2026).

Text

46-8-101 . Right to counsel.

(1)During the initial appearance before the court, every defendant must be informed of the right to have counsel and must be asked if the aid of counsel is desired.

(2)Except as provided in subsection (3), if the defendant desires assigned counsel because of financial inability to retain private counsel and the offense charged is a felony or the offense is a misdemeanor and incarceration is a sentencing option if the defendant is convicted, the court shall order the office of state public defender, provided for in 2-15-1029 , to assign counsel to represent the defendant without unnecessary delay pending a determination of eligibility under the provisions of 47-1-111 .

(3)If the defendant desires assigned counsel because of financial inability to retain priva

Free access — add to your briefcase to read the full text and ask questions with AI

46-8-101 . Right to counsel. (1) During the initial appearance before the court, every defendant must be informed of the right to have counsel and must be asked if the aid of counsel is desired.
(2) Except as provided in subsection (3), if the defendant desires assigned counsel because of financial inability to retain private counsel and the offense charged is a felony or the offense is a misdemeanor and incarceration is a sentencing option if the defendant is convicted, the court shall order the office of state public defender, provided for in 2-15-1029 , to assign counsel to represent the defendant without unnecessary delay pending a determination of eligibility under the provisions of 47-1-111 .
(3) If the defendant desires assigned counsel because of financial inability to retain private counsel and the offense charged is a misdemeanor and incarceration is a sentencing option if the defendant is convicted, during the initial appearance the court may order that incarceration not be exercised as a sentencing option if the defendant is convicted. If the court so orders, the court shall inform the defendant that the assistance of counsel at public expense through the office of state public defender is not available and that time will be given to consult with an attorney before a plea is entered. If incarceration is waived as a sentencing option, a public defender may not be assigned.

Legislative History

En. 95-1001 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1001; amd. Sec. 1, Ch. 415, L. 1981; amd. Sec. 63, Ch. 800, L. 1991; amd. Sec. 40, Ch. 449, L. 2005; amd. Sec. 2, Ch. 344, L. 2011; amd. Sec. 14, Ch. 358, L. 2017.