46-9-401. Forms of bail. (1) Bail may be furnished in the following ways:

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Terms Used In Montana Code 46-9-401

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bail: means the security given for the primary purpose of ensuring the presence of the defendant in a pending criminal proceeding. See Montana Code 46-1-202
  • Charge: means a written statement that accuses a person of the commission of an offense, that is presented to a court, and that is contained in a complaint, information, or indictment. See Montana Code 46-1-202
  • Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Judge: means a person who is vested by law with the power to perform judicial functions. See Montana Code 46-1-202
  • Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
  • Sentence: means the judicial disposition of a criminal proceeding upon a plea of guilty or nolo contendere or upon a verdict or finding of guilty. See Montana Code 46-1-202
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(a)by a deposit with the court of an amount equal to the required bail of cash, stocks, bonds, certificates of deposit, or other personal property approved by the court;

(b)by pledging real estate situated within the state with an unencumbered equity, not exempt, owned by the defendant or sureties at a value double the amount of the required bail;

(c)by posting a written undertaking executed by the defendant and by two sufficient sureties;

(d)by posting a commercial surety bond executed by the defendant and by a qualified agent for and on behalf of the surety company; or

(e)by posting an offender’s driver’s license in lieu of bail if the summons describes a violation of any offense as provided in 61-5-214 and if the offender is the holder of an unexpired driver’s license.

(2)The amount of the bond must ensure the appearance of the defendant at all times required through all stages of the proceeding including trial de novo, if any, and unless the bond is denied by the court pursuant to 46-9-107, must remain in effect until final sentence is pronounced in open court.

(3)Whenever a driver’s license is accepted in lieu of bail, the judge shall return the driver’s license to the defendant:

(a)after the required bail has been posted or there has been a final determination of the charge; and

(b)if the defendant pleaded guilty or was convicted, after a $25 administrative fee has been paid to the court.