by admin | May 13, 2021 | Criminal Procedure, Montana
§ 46-11-801, MCARepealed by Laws 2019, Ch. 7,Sec. 3, eff. 10/1/2019.Added by Laws 2017, Ch. 401,Sec. 1, eff. 7/1/2017.
by admin | May 13, 2021 | Criminal Procedure, Montana
(1) Except as provided in this section, pretrial proceedings and records of those proceedings are open to the public. If, at the pretrial proceedings, testimony or evidence is presented that is likely to threaten the fairness of a trial, the presiding officer shall...
by admin | May 13, 2021 | Criminal Procedure, Montana
(1) If the defendant is held to answer after a preliminary examination, after the defendant has waived a preliminary examination, after the district court has granted leave to file an information, or after an indictment has been returned, the judge may: (a) require...
by admin | May 13, 2021 | Criminal Procedure, Montana
A prosecution is not a bar if:(1) the former prosecution was before a court that lacked jurisdiction over the defendant or the offense; or(2) the former prosecution resulted in a judgment of conviction that was held invalid in a postconviction hearing.§ 46-11-505,...
by admin | May 13, 2021 | Criminal Procedure, Montana
When conduct constitutes an offense within the jurisdiction of any state or federal court, a prosecution in any jurisdiction is a bar to a subsequent prosecution in this state if:(1) the first prosecution resulted in an acquittal or in a conviction and the subsequent...
by admin | May 13, 2021 | Criminal Procedure, Montana
(1) When two or more offenses are known to the prosecutor, are supported by probable cause, and are consummated prior to the original charge and jurisdiction and venue of the offenses lie in a single court, a prosecution is barred if: (a) the former prosecution...
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