Montana Code 41-5-333. Custody — hearing for probable cause — procedure
41-5-333. Custody — hearing for probable cause — procedure. (1) At a probable cause hearing held pursuant to 41-5-332, the youth must be informed of the youth’s constitutional rights and the youth’s rights under this chapter.
Terms Used In Montana Code 41-5-333
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(2)A youth must be represented by counsel at a probable cause hearing unless the right to counsel is waived after consultation with an attorney prior to the hearing.
(3)A parent, guardian, or custodian of the youth may be held in contempt of court for failing to be present at or to participate in the probable cause hearing unless the parent, guardian, or custodian:
(a)cannot be located through diligent efforts of the investigating peace officer or peace officers; or
(b)is excused by the court for good cause.
(4)At the probable cause hearing, a guardian ad litem may be appointed as provided in 41-5-1411.