Montana Code 46-30-227. Arrest of accused before making of requisition
46-30-227. Arrest of accused before making of requisition. (1) A judge or magistrate of this state shall issue a warrant directed to any peace officer commanding the officer to apprehend the person named in the warrant wherever the person may be found in this state and to bring the person before the issuer or any other judge, magistrate, or court that may be available in or convenient of access to the place where the arrest is made to answer the charge or complaint and affidavit whenever:
Terms Used In Montana Code 46-30-227
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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
- 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
- Judge: means a person who is vested by law with the power to perform judicial functions. See Montana Code 46-1-202
- Parole: means the release to the community of a prisoner by a decision of the board of pardons and parole prior to the expiration of the prisoner's term subject to conditions imposed by the board of pardons and parole and the supervision of the department of corrections. 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
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Probation: means release by the court without imprisonment of a defendant found guilty of a crime. 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
(a)a person within this state is charged on the oath of a credible person before the judge or magistrate with the commission of a crime in another state and, except in cases arising under 46-30-204, with having fled from justice or with having been convicted of a crime in that state and having escaped from confinement or having broken the terms of the person’s bail, probation, or parole; or
(b)a complaint is made before the judge or magistrate setting forth on the affidavit of a credible person in another state that a crime has been committed in the other state and that the accused is believed to be in this state and has been charged in the other state with:
(i)the commission of the crime and, except in cases arising under 46-30-204, having fled from justice; or
(ii)having been convicted of a crime in that state and having escaped from bail, probation, or parole.
(2)A certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued must be attached to the warrant.