46-7-102. Duty of court. (1) The judge shall inform the defendant:

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Terms Used In Montana Code 46-7-102

  • 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
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • Judge: means a person who is vested by law with the power to perform judicial functions. See Montana Code 46-1-202
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • 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
  • 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

  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(a)of the charge or charges against the defendant;

(b)of the defendant’s right to counsel;

(c)of the defendant’s right to have counsel assigned by a court of record in accordance with the provisions of 46-8-101;

(d)of the general circumstances under which the defendant may obtain pretrial release;

(e)of the defendant’s right to refuse to make a statement and the fact that any statement made by the defendant may be offered in evidence at the defendant’s trial;

(f)that conviction may result in the loss of various rights regarding firearms under state and federal law; and

(g)of the defendant’s right to a judicial determination of whether probable cause exists if the charge is made by a complaint alleging the commission of a felony.

(2)The judge shall admit the defendant to bail as provided by law.