Montana Code 46-20-204. Stay of execution and relief pending appeal
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46-20-204. Stay of execution and relief pending appeal. (1) If an appeal is taken, a sentence of death must be stayed by order of the trial court until final order by the supreme court.
Terms Used In Montana Code 46-20-204
- 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.
- 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
- 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.
- 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
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2)If an appeal is taken and the defendant is admitted to bail, a sentence of imprisonment must be stayed by the trial court.
(3)If an appeal is taken, a sentence to pay a fine or a fine and costs must be stayed by the trial court or by the reviewing court.
(4)If an appeal is taken and the accused was admitted to probation, the accused shall remain on probation or post bail.