by admin | May 13, 2021 | Criminal Procedure, Montana
A court may allow a complaint to be amended under the same circumstances and in the same manner as an information as provided in 46-11-205.§ 46-11-111, MCAEn. Sec. 97, Ch. 800, L. 1991; amd. Sec. 52, Ch. 18, L. 1995.
by admin | May 13, 2021 | Criminal Procedure, Montana
When a complaint is presented to a court charging a person with the commission of an offense, the court shall examine the sworn complaint or any affidavits, if filed, to determine whether probable cause exists to allow the filing of a charge.§ 46-11-110, MCAEn. Sec....
by admin | May 13, 2021 | Criminal Procedure, Montana
§ 46-11-103 through 46-11-109, MCA
by admin | May 13, 2021 | Criminal Procedure, Montana
(1) All prosecutions of offenses charged in a district court must be by indictment or information.(2) All other prosecutions of offenses must be by complaint.§ 46-11-102, MCAEn. 95-1502 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 18, Ch. 184, L. 1977; R.C.M. 1947, 95-1502;...
by admin | May 13, 2021 | Criminal Procedure, Montana
A prosecution may be commenced by:(1) a complaint;(2) an information following a preliminary examination or waiver of a preliminary examination;(3) an information after leave of court has been granted; or(4) an indictment upon a finding by a grand jury.§ 46-11-101,...
by admin | May 13, 2021 | Criminal Procedure, Montana
(1) The testimony of each witness must be taken by a court-appointed stenographer upon demand by the county attorney, the defendant, or the defendant’s counsel.(2) After concluding the proceeding, if the judge holds the defendant to answer a charge, the judge...
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