by admin | May 13, 2021 | Criminal Procedure, Montana
The plea of not guilty puts in issue every material allegation of the indictment, information, or complaint.§ 46-16-104, MCAEn. 95-1901 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 4, L. 1973; R.C.M. 1947, 95-1901(e).
by admin | May 13, 2021 | Criminal Procedure, Montana
(1) All prosecutions deciding issues of fact must be tried by the court and jury, except on a plea of guilty or nolo contendere.(2) Questions of law must be decided by the court and questions of fact by the jury, except that on a trial for criminal defamation, the...
by admin | May 13, 2021 | Criminal Procedure, Montana
§ 46-16-102, MCA46-16-110, Code Commissioner, 1991.
by admin | May 13, 2021 | Criminal Procedure, Montana
Prosecutions against defendants held in custody must be disposed of in advance of prosecutions against defendants on bail unless for good cause the court shall direct an action to be tried out of its order.§ 46-16-101, MCAEn. 95-1906 by Sec. 1, Ch. 196, L. 1967;...
by admin | May 13, 2021 | Criminal Procedure, Montana
Except for a sexual assault evidence kit that is submitted to the department of justice as provided in 46-15-411(2)(a), a local law enforcement agency shall submit all other kits to the division of forensic science within 30 days after the local law enforcement agency...
by admin | May 13, 2021 | Criminal Procedure, Montana
(1) The local law enforcement agency within whose jurisdiction an alleged incident of sexual intercourse without consent, sexual assault, or incest occurs shall pay for the sexual assault medical forensic examination of a victim of the alleged offense when the...
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