Terms Used In Montana Code > Title 46 > Chapter 18 - Sentence and Judgment

• Advanced practice registered nurse: means an individual certified as an advanced practice registered nurse provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing. See Montana Code 46-1-202
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Arrest: means taking a person into custody in the manner authorized by law. See Montana Code 46-1-202
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: means a judgment or sentence entered upon a guilty or nolo contendere plea or upon a verdict or finding of guilty rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury. See Montana Code 46-1-202
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Defense attorney: Represent defendants in criminal matters.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• expungement: means to permanently destroy, delete, or erase a record of an offense from the criminal history record information system maintained by the department of justice in a manner that is appropriate for the record's physical or electronic form. See Montana Code 46-18-1103
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Home: means the temporary or permanent residence of an offender consisting of the actual living area approved by the supervising authority. See Montana Code 46-18-1001
• Home arrest: means the use of a person's home for purposes of confinement and home arrest procedures and conditions imposed under this part. See Montana Code 46-18-1001
• 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.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Judge: means a person who is vested by law with the power to perform judicial functions. See Montana Code 46-1-202
• Judgment: means an adjudication by a court that the defendant is guilty or not guilty, and if the adjudication is that the defendant is guilty, it includes the sentence pronounced by 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.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Lien: A claim against real or personal property in satisfaction of a debt.
• Monitoring device: means an electronic device or apparatus capable of recording or transmitting information concerning the offender's presence in or absence from the home. See Montana Code 46-18-1001
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Oath: includes an affirmation or declaration. See Montana Code 1-1-201
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. 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
• Persistent felony offender: means an offender who has previously been convicted of two separate felonies and who is presently being sentenced for a third felony committed on a different occasion than either of the first two felonies, except for an offender who was on conditional release, felony probation, or felony parole at the time the felony for which the offender is presently being sentenced was committed. See Montana Code 46-1-202
• Persistent felony offender under supervision: means an offender who:

  (i)was on conditional release, felony probation, or felony parole at the time the offense for which the offender is presently being sentenced was committed;

  (ii)has previously been convicted of two separate felonies; and

  (iii)is presently being sentenced for a third felony, except as provided in subsection (19)(c). See Montana Code 46-1-202

• 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.
• Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
• Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. ^{Source: U.S. Courts}
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• 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
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Property: means real and personal property. See Montana Code 1-1-205
• 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
• Record: means any:

  (i)identifiable description, notation, or photograph of an arrest and detention;

  (ii)complaint, indictment, or information or any disposition arising from a complaint, indictment, or information;

  (iii)sentence;

  (iv)correctional status;

  (v)release; or

  (vi)court document or filing. See Montana Code 46-18-1103

• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Same transaction: means conduct consisting of a series of acts or omissions that are motivated by:

  (a)a purpose to accomplish a criminal objective and that are necessary or incidental to the accomplishment of that objective; or

  (b)a common purpose or plan that results in the repeated commission of the same offense or effect upon the same person or the property of the same person. See Montana Code 46-1-202

• Sentence: means the judicial disposition of a criminal proceeding upon a plea of guilty or nolo contendere or upon a verdict or finding of guilty. See Montana Code 46-1-202
• Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. 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

• Supervising authority: means :

  (a)in the case of an adult felon, the department of corrections;

  (b)in the case of an adult misdemeanant, a court-approved entity other than the department of corrections; or

  (c)in the case of a juvenile, the juvenile probation division of the youth court or any other person or entity appointed by the court. See Montana Code 46-18-1001

• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Verdict: The decision of a petit jury or a judge.
• Witness: means a person whose testimony is desired in a proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding. See Montana Code 46-1-202