Montana Code 46-16-121. Felony offenses
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46-16-121. Felony offenses. (1) Except as otherwise provided in Title 46, the defendant in all cases in which a felony is charged must be present at the initial appearance, arraignment, entry of plea, preliminary examination, trial, and sentencing or when otherwise required by the court.
Terms Used In Montana Code 46-16-121
- 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.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2)The defendant may be present at all other proceedings.
(3)The presence of the defendant is not required before the supreme court.