by admin | May 13, 2021 | Criminal Procedure, Montana
(1) If from the evidence it appears that there is probable cause to believe that an offense has been committed and that the defendant committed it, the judge shall hold the defendant to answer to the court having jurisdiction of the offense.(2) If it appears from the...
by admin | May 13, 2021 | Criminal Procedure, Montana
(1) The defendant may not enter a plea. The judge shall hear the evidence without unnecessary delay. All witnesses must be examined in the presence of the defendant. The defendant may cross-examine witnesses against the defendant and may introduce evidence in the...
by admin | May 13, 2021 | Criminal Procedure, Montana
§ 46-10-201, MCASec. 49, Ch. 262, L. 1993. En. 95-1202 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1202(c); amd. Sec. 10, Ch. 116, L. 1979; amd. Sec. 260, Ch. 800, L. 1991.
by admin | May 13, 2021 | Criminal Procedure, Montana
If the defendant waives the preliminary examination, the judge shall hold the defendant to answer to the court having jurisdiction of the offense.§ 46-10-106, MCAEn. 95-1202 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1202(b); amd. Sec. 9, Ch. 116, L. 1979; amd. Sec....
by admin | May 13, 2021 | Criminal Procedure, Montana
After the initial appearance, in all cases in which the charge is triable in district court, the justice’s court shall, within a reasonable time, hold a preliminary examination unless:(1) the defendant waives a preliminary examination;(2) the district court has...
by admin | May 13, 2021 | Criminal Procedure, Montana
§ 46-10-103 through 46-10-104, MCA
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