Facing a criminal charge in Montana

Bond and pretrial release in Montana

Article II Section 21 of the Montana Constitution provides that all persons shall be bailable by sufficient sureties except for capital offenses when proof is evident or presumption great. MCA Title 46 Chapter 9 governs bail. MCA Sec. 46-9-106 directs the court to impose the least restrictive condition that will reasonably assure appearance. Authorized release forms under MCA Sec. 46-9-108 include release on own recognizance, unsecured appearance bond, secured appearance bond by cash or property, and surety bond. MCA Sec. 46-9-311 governs review and modification of bail. The Montana Supreme Court has authorized a uniform bond schedule for petty offenses; felony bond is judicially set at initial appearance under MCA Sec. 46-9-301.

Bond amounts, conditions, and timelines vary by county and judge. Confirm with counsel or the court.

Criminal defense attorneys serving Montana

Our directory is still building in Montana. Public-defender intake is available now.

Record clearing in Montana

Montana misdemeanor expungement is governed by MCA 46-18-1101 through 46-18-1106. The statute provides a petition-based pathway for sealing eligible misdemeanor convictions after a waiting period from completion of sentence. The statute provides a five-year waiting period after completion of sentence for misdemeanor expungement; sex offenses, violent offenses, fourth-or-subsequent DUI, and offenses requiring registration are excluded. The petition is filed in the court of conviction and the prosecutor is given an opportunity to object.

Eligibility, waiting periods, and the petition vs. automatic pathway depend on the conviction class and the date of the offense. Confirm with counsel or the court record.

Public defender intake in Montana

Office of the State Public Defender serves STATEWIDE County. Public defenders are appointed by the court based on financial eligibility. We do not refer you to a specific public defender and we do not represent you.

Public defenders are appointed by the court based on financial eligibility. LawSensai does not refer you to a public defender and does not represent you. This packet is a courtesy summary you can share with your public defender or their intake staff. You remain responsible for applying to the court for appointed counsel.