by admin | May 13, 2021 | Criminal Procedure, Montana
§ 46-14-201, MCA46-14-214, Code Commissioner, 1991.
by admin | May 13, 2021 | Criminal Procedure, Montana
A person who, as a result of mental disease or disorder or developmental disability, is unable to understand the proceedings against the person or to assist in the person’s own defense may not be tried, convicted, or sentenced for the commission of an offense so...
by admin | May 13, 2021 | Criminal Procedure, Montana
Evidence that the defendant suffered from a mental disease or disorder or developmental disability is admissible to prove that the defendant did or did not have a state of mind that is an element of the offense.§ 46-14-102, MCAAmended by Laws 2015, Ch. 161, Sec. 11,...
by admin | May 13, 2021 | Criminal Procedure, Montana
(1) The purpose of this section is to provide a legal standard of mental disease or disorder under which the information gained from examination of the defendant, pursuant to part 2 of this chapter, regarding a defendant’s mental condition is applied. The court...
by admin | May 13, 2021 | Criminal Procedure, Montana
If the court directs the action to be dismissed, the defendant must, if in custody, be discharged and, if admitted to bail, have bail exonerated or money deposited instead of bail refunded to the defendant.§ 46-13-402, MCAEn. 95-1706 by Sec. 1, Ch. 196, L. 1967; amd....
by admin | May 13, 2021 | Criminal Procedure, Montana
(1) The court may, either on its own motion or upon the application of the prosecuting attorney and in furtherance of justice, order a complaint, information, or indictment to be dismissed. However, the court may not order a dismissal of a complaint, information, or...
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