Montana Code 46-11-101. Methods of commencing prosecution
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46-11-101. Methods of commencing prosecution. A prosecution may be commenced by:
Terms Used In Montana Code 46-11-101
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Preliminary examination: means a hearing before a judge for the purpose of determining if there is probable cause to believe a felony has been committed by the defendant. See Montana Code 46-1-202
(1)a complaint;
(2)an information following a preliminary examination or waiver of a preliminary examination;
(3)an information after leave of court has been granted; or
(4)an indictment upon a finding by a grand jury.