Montana § 46-9-106 Release Or Detention Of Defendant Pending Trial

Montana Statutes

§ 46-9-106 — Release Or Detention Of Defendant Pending Trial

Montana § 46-9-106

Title 46CRIMINAL PROCEDURE

Ch. 9BAIL

Part 1Definition and Availability of Bail

This text of Montana § 46-9-106 (Release Or Detention Of Defendant Pending Trial) 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. § 46-9-106 (2026).

Text

46-9-106 . Release or detention of defendant pending trial. Before a verdict has been rendered, the court shall:

(1)authorize the release of the defendant upon reasonable conditions that ensure the appearance of the defendant and protect the safety of the community or of any person; or

(2)detain the defendant when there is probable cause to believe that the defendant committed an offense for which death is a possible punishment and adequate safeguards are not available to ensure the defendant's appearance and the safety of the community.

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

46-9-106 . Release or detention of defendant pending trial. Before a verdict has been rendered, the court shall:
(1) authorize the release of the defendant upon reasonable conditions that ensure the appearance of the defendant and protect the safety of the community or of any person; or
(2) detain the defendant when there is probable cause to believe that the defendant committed an offense for which death is a possible punishment and adequate safeguards are not available to ensure the defendant's appearance and the safety of the community.