46-9-105. General authority for release and detention. (1) An arrested person must be released or detained pending judicial proceedings pursuant to Title 46, chapter 9.

Terms Used In Montana Code 46-9-105

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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
  • Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. 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

(2)If a person is released, that person shall appear to answer the charge for the alleged commission of the offense, as ordered, in the court having jurisdiction.