by admin | May 13, 2021 | Criminal Procedure, Montana
§ 46-13-102, MCASec. 263, Ch. 800, L. 1991. En. 95-1702 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1702.
by admin | May 13, 2021 | Criminal Procedure, Montana
(1) Except for good cause shown, any defense, objection, or request that is capable of determination without trial of the general issue must be raised at or before the omnibus hearing unless otherwise provided by Title 46.(2) Failure of a party to raise defenses or...
by admin | May 13, 2021 | Criminal Procedure, Montana
Any variance from the procedure required by 46-12-211 that does not affect the substantial rights of the defendant must be disregarded.§ 46-12-213, MCAEn. 95-1608 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1608; amd. Sec. 136, Ch. 800, L. 1991; Sec. 46-12-206, MCA...
by admin | May 13, 2021 | Criminal Procedure, Montana
(1) The court may not accept a guilty plea without determining that there is a factual basis for the plea in charges of felonies or misdemeanors resulting in incarceration.(2) A defendant who is unwilling to admit to any element of the offense that would provide a...
by admin | May 13, 2021 | Criminal Procedure, Montana
(1) The prosecutor and the attorney for the defendant, or the defendant when acting pro se, may engage in discussions with a view toward reaching an agreement that, upon the entering of a plea of guilty or nolo contendere to a charged offense or to a lesser or related...
by admin | May 13, 2021 | Criminal Procedure, Montana
(1) Before accepting a plea of guilty or nolo contendere, the court shall determine that the defendant understands the following: (a)(i) the nature of the charge for which the plea is offered;(ii) the mandatory minimum penalty provided by law, if any;(iii) the maximum...
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