Montana § 46-9-102 Bailable Offenses

Montana Statutes

§ 46-9-102 — Bailable Offenses

Montana § 46-9-102

Title 46CRIMINAL PROCEDURE

Ch. 9BAIL

Part 1Definition and Availability of Bail

This text of Montana § 46-9-102 (Bailable Offenses) 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. § 46-9-102 (2026).

Text

46-9-102 . Bailable offenses.

(1)All persons shall be bailable before conviction, except when death is a possible punishment for the offense charged and the proof is evident or the presumption great that the person is guilty of the offense charged.

(2)On the hearing of an application for admission to bail made before or after indictment or information for a capital offense, the burden of showing that the proof is evident or the presumption great that the defendant is guilty of the offense is on the state.

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46-9-102 . Bailable offenses. (1) All persons shall be bailable before conviction, except when death is a possible punishment for the offense charged and the proof is evident or the presumption great that the person is guilty of the offense charged.
(2) On the hearing of an application for admission to bail made before or after indictment or information for a capital offense, the burden of showing that the proof is evident or the presumption great that the defendant is guilty of the offense is on the state.