Montana § 46-9-201 Who May Admit To Bail

Montana Statutes

§ 46-9-201 — Who May Admit To Bail

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 9 BAIL·Part 2 Bail -- General Procedural Provisions

46-9-201 . Who may admit to bail. A judge may admit to bail any defendant properly appearing before the judge in a bail proceeding unless the defendant is on a warrant from another jurisdiction. When bound over to any court or judge having jurisdiction of the offense charged, bail must be continued provided that the court or judge having jurisdiction may increase, reduce, or substitute bail unless the defendant is on a warrant from another jurisdiction. On appeal, a judge before whom the trial was had or a judge having the power to issue a writ of habeas corpus may admit the defendant to bail. For the purposes of this section, a defendant's appearance before a judge may be either by physical appearance before the court or by two-way electronic audio-video communication as provided in 46-9-

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46-9-201 . Who may admit to bail. A judge may admit to bail any defendant properly appearing before the judge in a bail proceeding unless the defendant is on a warrant from another jurisdiction. When bound over to any court or judge having jurisdiction of the offense charged, bail must be continued provided that the court or judge having jurisdiction may increase, reduce, or substitute bail unless the defendant is on a warrant from another jurisdiction. On appeal, a judge before whom the trial was had or a judge having the power to issue a writ of habeas corpus may admit the defendant to bail. For the purposes of this section, a defendant's appearance before a judge may be either by physical appearance before the court or by two-way electronic audio-video communication as provided in 46-9-206 .

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Legislative History

En. 95-1102 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1102(a); amd. Sec. 2, Ch. 710, L. 1991; amd. Sec. 10, Ch. 262, L. 1993; amd. Sec. 1, Ch. 280, L. 2025.