Montana Code 46-11-401. Form of charge
46-11-401. Form of charge. (1) The charge must be in writing and in the name of the state or the appropriate county or municipality and must specify the court in which the charge is filed. The charge must be a plain, concise, and definite statement of the offense charged, including the name of the offense, whether the offense is a misdemeanor or felony, the name of the person charged, and the time and place of the offense as definitely as can be determined. The charge must state for each count the official or customary citation of the statute, rule, regulation, or other provision of law that the defendant is alleged to have violated.
Terms Used In Montana Code 46-11-401
- 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
- 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
- Customary: means according to usage. See Montana Code 1-1-206
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- Juror: A person who is on the jury.
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
- Peace officer: means any person who by virtue of the person's office or public employment is vested by law with a duty to maintain public order and make arrests for offenses while acting within the scope of the person's authority. See Montana Code 46-1-202
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Prosecutor: means an elected or appointed attorney who is vested by law with the power to initiate and carry out criminal proceedings on behalf of the state or a political subdivision. 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
- Statement: means :
(a)a writing signed or otherwise adopted or approved by a person;
(b)a video or audio recording of a person's communications or a transcript of the communications; and
(c)a writing containing a summary of a person's oral communications or admissions. See Montana Code 46-1-202
- Statute: A law passed by a legislature.
- Writing: includes printing. See Montana Code 1-1-203
(2)If the charge is by information or indictment, it must include endorsed on the information or indictment the names of the witnesses for the prosecution, if known.
(3)If the charge is by complaint, it must be signed by a sworn peace officer, under oath by a person having knowledge of the facts, or by the prosecutor.
(4)If the charge is by information, it must be signed by the prosecutor. If the charge is by indictment, it must be signed by the lead juror of the grand jury.
(5)The court, on motion of the defendant, may strike surplusage from an indictment or information.
(6)A charge may not be dismissed because of a formal defect that does not tend to prejudice a substantial right of the defendant.