Montana Code 46-6-310. Notice to appear
46-6-310. Notice to appear. (1) Whenever a peace officer is authorized to arrest a person without a warrant, the officer may instead issue the person a notice to appear.
Terms Used In Montana Code 46-6-310
- Arrest: means taking a person into custody in the manner authorized by law. See Montana Code 46-1-202
- Arrest: Taking physical custody of a person by lawful authority.
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- Notice to appear: means a written direction that is issued by a peace officer and that requests a person to appear before a court at a stated time and place to answer a charge for the alleged commission of an offense. See Montana Code 46-1-202
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. 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
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Writing: includes printing. See Montana Code 1-1-203
(2)The notice must:
(a)be in writing;
(b)state the person’s name and address, if known;
(c)set forth the nature of the offense;
(d)be signed by the issuing officer;
(e)direct the person to appear before a court at a certain time and place; and
(f)state that failure to appear may result in the suspension of the person’s driver’s license.
(3)Upon failure of the person to appear, a summons or arrest warrant may be issued.