reglab/housing_qa huggingface dataset:
MT Code § 46-11-404 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 4. The Charge|46-11-404. Joinder of offenses and defendants

  46-11-404. Joinder of offenses and defendants. (1) Two or more offenses or different statements of the same offense may be charged in the same charging document in a separate count, or alternatively, if the offenses charged, whether felonies or misdemeanors or both, are of the same or similar character or are based on the same transactions connected together or constituting parts of a common scheme or plan. Allegations made in one count may be incorporated by reference in another count.   (2) If two or more charging documents are filed in the case, the court may order them to be consolidated.   (3) The prosecution is not required to elect between the different offenses set forth in the charging document, and the defendant may be convicted of any number of the offenses charged except as provided in 46-11-410. Each offense of which the defendant is convicted must be stated in the verdict or the finding of the court.   (4) Two or more defendants may be charged in the same indictment, information, or complaint if they are alleged to have participated in the same transaction constituting an offense or offenses. The defendants may be charged in one or more counts together or separately, and all of the defendants need not be charged in each count.   History: En. 95-1504 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 19, Ch. 184, L. 1977; R.C.M. 1947, 95-1504(1) thru (4); amd. Sec. 119, Ch. 800, L. 1991.
MT Code § 46-11-405 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 4. The Charge|46-11-405. Discharge of codefendant

  46-11-405. Discharge of codefendant. (1) When two or more persons are included in the same charge, the court may, at any time before the defendants have gone into their defense, on the application of the prosecutor, direct any defendant to be discharged so that the defendant may be a witness for the prosecution.   (2) When two or more persons are included in the same indictment or information and the court is of the opinion that in regard to a particular defendant there is not sufficient evidence to require the defendant to put on a defense, the court must order that defendant to be discharged before the evidence is closed so that the discharged defendant may be a witness for the codefendant.   History: En. Sec. 187, p. 245, Bannack Stat.; re-en. Sec. 308, p. 237, Cod. Stat. 1871; re-en. Sec. 308, 3d Div. Rev. Stat. 1879; re-en. Sec. 309, 3d Div. Comp. Stat. 1887; amd. Secs. 2075, 2076, Pen. C. 1895; re-en. Secs. 9276, 9277, Rev. C. 1907; re-en. Secs. 11974, 11975, R.C.M. 1921; Cal. Pen. C. Secs. 1099, 1100; re-en. Secs. 11974, 11975, R.C.M. 1935; Secs. 94-7206, 94-7207, R.C.M. 1947; redes. 95-1504(d) and (e) by Sec. 29, Ch. 513, L. 1973; amd. Sec. 19, Ch. 184, L. 1977; R.C.M. 1947, 95-1504(5), (6); amd. Sec. 18, Ch. 262, L. 1993.
MT Code § 46-11-406 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 4. The Charge|46-11-406. through 46-11-409 reserved

  46-11-406 through 46-11-409 reserved.
MT Code § 46-11-410 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 4. The Charge|46-11-410. Multiple charges

  46-11-410. Multiple charges. (1) When the same transaction may establish the commission of more than one offense, a person charged with the conduct may be prosecuted for each offense.   (2) A defendant may not, however, be convicted of more than one offense if:   (a) one offense is included in the other;   (b) one offense consists only of a conspiracy or other form of preparation to commit the other;   (c) inconsistent findings of fact are required to establish the commission of the offenses;   (d) the offenses differ only in that one is defined to prohibit a specific instance of the conduct; or   (e) the offense is defined to prohibit a continuing course of conduct and the defendant's course of conduct was interrupted, unless the law provides that the specific periods of the conduct constitute separate offenses.   History: En. 95-1711 by Sec. 6, Ch. 513, L. 1973; amd. Sec. 25, Ch. 184, L. 1977; R.C.M. 1947, 95-1711(2); amd. Sec. 120, Ch. 800, L. 1991; Sec. 46-11-502, MCA 1989; redes. 46-11-410 by Code Commissioner, 1991.
MT Code § 46-11-501 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 5. Effect of Former Prosecutions|46-11-501. Repealed

  46-11-501. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-1711 by Sec. 6, Ch. 513, L. 1973; amd. Sec. 25, Ch. 184, L. 1977; R.C.M. 1947, 95-1711(1).
MT Code § 46-11-502 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 5. Effect of Former Prosecutions|46-11-502. Renumbered 46-11-410

  46-11-502. Renumbered 46-11-410. Code Commissioner, 1991.
MT Code § 46-11-503 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 5. Effect of Former Prosecutions|46-11-503. Prosecution based on same transaction barred by former prosecution

  46-11-503. Prosecution based on same transaction barred by former prosecution. (1) When two or more offenses are known to the prosecutor, are supported by probable cause, and are consummated prior to the original charge and jurisdiction and venue of the offenses lie in a single court, a prosecution is barred if:   (a) the former prosecution resulted in an acquittal. There is an acquittal whenever the prosecution results in a finding of not guilty by the trier of fact or in a determination that there is insufficient evidence to warrant a conviction. A finding of guilty of a lesser included offense that is subsequently set aside is an acquittal of the greater offense that was charged.   (b) the former prosecution resulted in a conviction that has not been set aside, reversed, or vacated;   (c) after a charge had been filed, the prosecution was terminated by a final order or judgment for the defendant that has not been set aside, reversed, or vacated; or   (d) the former prosecution was terminated for reasons not amounting to an acquittal and takes place:   (i) in a jury trial, when the jury is impaneled and sworn; or   (ii) in a nonjury trial, after the first witness is sworn but before a judgment as to guilt or innocence is reached.   (2) A prosecution based upon the same transaction as a former prosecution is not barred under subsection (1)(d) when:   (a) the defendant consents to the termination or waives the right to object to the termination; or   (b) the trial court finds that the termination is necessary because:   (i) it is physically impossible to proceed with the trial in conformity with law;   (ii) there is a legal defect in the proceedings that would make any judgment entered upon a verdict reversible as a matter of law;   (iii) prejudicial conduct makes it impossible to proceed with the trial without manifest injustice to either the defendant or the state;   (iv) the jury is unable to agree upon a verdict; or   (v) false statements of a juror on voir dire prevent a fair trial.   History: En. 95-1711 by Sec. 6, Ch. 513, L. 1973; amd. Sec. 25, Ch. 184, L. 1977; R.C.M. 1947, 95-1711(3); amd. Sec. 121, Ch. 800, L. 1991; amd. Sec. 1, Ch. 110, L. 1999.
MT Code § 46-11-504 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 5. Effect of Former Prosecutions|46-11-504. Former prosecution in another jurisdiction

  46-11-504. Former prosecution in another jurisdiction. When conduct constitutes an offense within the jurisdiction of any state or federal court, a prosecution in any jurisdiction is a bar to a subsequent prosecution in this state if:   (1) the first prosecution resulted in an acquittal or in a conviction and the subsequent prosecution is based on an offense arising out of the same transaction; or   (2) the former prosecution was terminated, after the charge had been filed, by an acquittal or by a final order or judgment for the defendant that has not been set aside, reversed, or vacated and the acquittal, final order, or judgment necessarily required a determination inconsistent with a fact that must be established for conviction of the offense for which the defendant is subsequently prosecuted.   History: En. 95-1711 by Sec. 6, Ch. 513, L. 1973; amd. Sec. 25, Ch. 184, L. 1977; R.C.M. 1947, 95-1711(4); amd. Sec. 122, Ch. 800, L. 1991; amd. Sec. 1, Ch. 162, L. 1997.
MT Code § 46-11-505 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 5. Effect of Former Prosecutions|46-11-505. Former prosecution not a bar

  46-11-505. Former prosecution not a bar. A prosecution is not a bar if:   (1) the former prosecution was before a court that lacked jurisdiction over the defendant or the offense; or   (2) the former prosecution resulted in a judgment of conviction that was held invalid in a postconviction hearing.   History: En. 95-1711 by Sec. 6, Ch. 513, L. 1973; amd. Sec. 25, Ch. 184, L. 1977; R.C.M. 1947, 95-1711(5); amd. Sec. 123, Ch. 800, L. 1991.
MT Code § 46-11-601 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 6. Ensuring Availability of Material Witness Preserving Testimony|46-11-601. Recognizance by or deposition of witness

  46-11-601. Recognizance by or deposition of witness. (1) If the defendant is held to answer after a preliminary examination, after the defendant has waived a preliminary examination, after the district court has granted leave to file an information, or after an indictment has been returned, the judge may:   (a) require any material witness for the state or defendant to enter into a written undertaking to appear at the trial; and   (b) provide for the forfeiture of a sum certain in the event the witness does not appear at the trial.   (2) Any witness who refuses to enter into a written undertaking may be remanded to custody but may not be held longer than is necessary to take the witness's deposition. After the deposition is taken, the witness must be immediately discharged.   (3) The deposition must be taken in the presence of the prosecutor and the defendant and the defendant's counsel unless either the prosecutor or the defendant and the defendant's counsel fail to attend after reasonable notice of the time and place set for taking the deposition.   History: En. 95-1204 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1204; amd. Sec. 19, Ch. 262, L. 1993.
MT Code § 46-11-801 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 8. Prosecutorial Immunity (Repealed)|46-11-801. Repealed

  46-11-801. Repealed. Sec. 3, Ch. 7, L. 2019.   History: En. Sec. 1, Ch. 401, L. 2017.
MT Code § 46-12-101 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 12. Arraignment of Defendant|Part 1. General Provisions|46-12-101. Repealed

  46-12-101. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-1601 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1601.
MT Code § 46-12-102 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 12. Arraignment of Defendant|Part 1. General Provisions|46-12-102. Place of arraignment

  46-12-102. Place of arraignment. The defendant must be arraigned in the court that has trial jurisdiction of the charge.   History: En. 95-1602 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1602; amd. Sec. 130, Ch. 800, L. 1991.
MT Code § 46-12-103 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 12. Arraignment of Defendant|Part 1. General Provisions|46-12-103. Repealed

  46-12-103. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-1603 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1603; amd. Sec. 5, Ch. 710, L. 1991.
MT Code § 46-12-104 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 12. Arraignment of Defendant|Part 1. General Provisions|46-12-104. Bringing defendant into court

  46-12-104. Bringing defendant into court. The court may direct any official who has custody of the defendant to bring the defendant before the court to be arraigned.   History: En. 95-1604 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1604; amd. Sec. 1749, Ch. 56, L. 2009.
MT Code § 46-12-105 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 12. Arraignment of Defendant|Part 1. General Provisions|46-12-105. Joint defendants

  46-12-105. Joint defendants. Defendants who are jointly charged may be arraigned separately or together in the discretion of the court.   History: En. 95-1605 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1605.
MT Code § 46-12-201 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 12. Arraignment of Defendant|Part 2. Procedure on Arraignment|46-12-201. Manner of conducting arraignment -- use of two-way electronic audio-video communication -- exception

  46-12-201. Manner of conducting arraignment -- use of two-way electronic audio-video communication -- exception. (1) Arraignment must be conducted in open court and must consist of reading the charge to the defendant or stating to the defendant the substance of the charge and calling on the defendant to plead to the charge. The defendant must be given a copy of the charging document before being called upon to plead. For purposes of this chapter, an arraignment that is conducted by the use of two-way electronic audio-video communication, allowing all of the participants to be heard in the courtroom by all present and allowing the party to be seen, is considered to be an arraignment in open court.   (2) The court shall inquire of the defendant or the defendant's counsel the defendant's true name, and if the defendant's true name is given as any other than that used in the charge, the court shall order the defendant's name to be substituted for the name under which the defendant is charged.   (3) The court shall determine whether the defendant is under any disability that would prevent the court, in its discretion, from proceeding with the arraignment. The arraignment may be continued until the court determines the defendant is able to proceed.   (4) Whenever the law requires that a defendant in a misdemeanor or felony case be taken before a court for an arraignment, this requirement may be satisfied by two-way electronic audio-video communication if neither party objects and the court agrees to its use and has informed the defendant that the defendant has the right to object to its use. The audio-video communication must operate so that the defendant and the judge can see each other simultaneously and converse with each other, so that the defendant and the defendant's counsel, if any, can communicate privately, and so that the defendant and the defendant's counsel are both physically present in the same place during the two-way electronic audio-video communication. The defendant may waive the requirement that the defendant's counsel be in the defendant's physical presence during the two-way electronic audio-video communication.   (5) A judge may order a defendant's physical appearance in court for arraignment. In a felony case, a judge may not accept a plea of guilty or nolo contendere from a defendant unless the defendant is physically present in the courtroom or is appearing before the court by means of two-way electronic audio-video communication.   History: En. 95-1606 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1606(a), (b), (c); amd. Sec. 6, Ch. 710, L. 1991; amd. Sec. 131, Ch. 800, L. 1991; amd. Sec. 7, Ch. 395, L. 1999; amd. Sec. 1, Ch. 222, L. 2005.
MT Code § 46-12-202 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 12. Arraignment of Defendant|Part 2. Procedure on Arraignment|46-12-202. Renumbered 46-12-210

  46-12-202. Renumbered 46-12-210. Code Commissioner, 1991.
MT Code § 46-12-203 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 12. Arraignment of Defendant|Part 2. Procedure on Arraignment|46-12-203. Time allowed to answer

  46-12-203. Time allowed to answer. If on the arraignment the defendant requires it, the defendant must be allowed a reasonable time, not less than 1 day, to answer or otherwise plead to the indictment, information, or complaint. The answer may include appropriate pretrial motions.   History: En. 95-1607 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1607; amd. Sec. 1750, Ch. 56, L. 2009.
MT Code § 46-12-204 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 12. Arraignment of Defendant|Part 2. Procedure on Arraignment|46-12-204. Plea alternatives

  46-12-204. Plea alternatives. (1) A defendant may plead guilty, not guilty, or, with the consent of the court and the prosecutor, nolo contendere. If a defendant refuses to plead or if a defendant corporation fails to appear, the court shall enter a plea of not guilty.   (2) The court may not accept a plea of guilty or nolo contendere without first determining that the plea is voluntary and not the result of force or threats or of promises apart from the plea agreement. The court shall also inquire as to whether the defendant's willingness to plead guilty or nolo contendere results from prior discussions between the prosecutor and the defendant or the defendant's attorney.   (3) With the approval of the court and the consent of the prosecutor, a defendant may enter a plea of guilty or nolo contendere, reserving the right, on appeal from the judgment, to review the adverse determination of any specified pretrial motion. If the defendant prevails on appeal, the defendant must be allowed to withdraw the plea.   (4) The court may not accept a plea of nolo contendere in a case involving a sexual offense, as defined in 46-23-502, except an offense under 45-5-301 through 45-5-303.   History: En. 95-1606 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1606(part); amd. Sec. 2, Ch. 606, L. 1985; amd. Sec. 132, Ch. 800, L. 1991; amd. Sec. 8, Ch. 395, L. 1999; amd. Sec. 1, Ch. 22, Sp. L. August 2002.
MT Code § 46-12-205 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 12. Arraignment of Defendant|Part 2. Procedure on Arraignment|46-12-205. Record of arraignment

  46-12-205. Record of arraignment. The court must prepare and keep a written record of all arraignment proceedings. In district courts a verbatim record of all arraignment proceedings must be made, preserved, and filed with the court.   History: En. 95-1606 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1606(f).
MT Code § 46-12-206 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 12. Arraignment of Defendant|Part 2. Procedure on Arraignment|46-12-206. Renumbered 46-12-213

  46-12-206. Renumbered 46-12-213. Code Commissioner, 1991.
MT Code § 46-12-207 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 12. Arraignment of Defendant|Part 2. Procedure on Arraignment|46-12-207. through 46-12-209 reserved

  46-12-207 through 46-12-209 reserved.
MT Code § 46-12-210 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 12. Arraignment of Defendant|Part 2. Procedure on Arraignment|46-12-210. Advice to defendant

  46-12-210. Advice to defendant. (1) Before accepting a plea of guilty or nolo contendere, the court shall determine that the defendant understands the following:   (a) (i) the nature of the charge for which the plea is offered;   (ii) the mandatory minimum penalty provided by law, if any;   (iii) the maximum penalty provided by law, including the effect of any penalty enhancement provision or special parole restriction; and   (iv) when applicable, the requirement that the court may also order the defendant to make restitution of the costs and assessments provided by law;   (b) if the defendant is not represented by an attorney, the fact that the defendant has the right to be represented by an attorney at every stage of the proceeding and that, if necessary, an attorney will be assigned pursuant to the Montana Public Defender Act, Title 47, chapter 1, to represent the defendant;   (c) that the defendant has the right:   (i) to plead not guilty or to persist in that plea if it has already been made;   (ii) to be tried by a jury and at the trial has the right to the assistance of counsel;   (iii) to confront and cross-examine witnesses against the defendant; and   (iv) not to be compelled to reveal personally incriminating information;   (d) that if the defendant pleads guilty or nolo contendere in fulfillment of a plea agreement, the court is not required to accept the terms of the agreement and that the defendant may not be entitled to withdraw the plea if the agreement is not accepted pursuant to 46-12-211;   (e) that if the defendant's plea of guilty or nolo contendere is accepted by the courts, there will not be a further trial of any kind, so that by pleading guilty or nolo contendere the defendant waives the right to a trial; and   (f) that if the defendant is not a United States citizen, a guilty or nolo contendere plea might result in deportation from or exclusion from admission to the United States or denial of naturalization under federal law.   (2) The requirements of subsection (1) may be accomplished by the defendant filing a written acknowledgment of the information contained in subsection (1).   History: En. 95-1606 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1606(part); amd. Sec. 1, Ch. 606, L. 1985; amd. Sec. 1, Ch. 73, L. 1991; amd. Sec. 133, Ch. 800, L. 1991; Sec. 46-12-202, MCA 1989; redes. 46-12-210 by Code Commissioner, 1991; amd. Sec. 21, Ch. 262, L. 1993; amd. Sec. 9, Ch. 395, L. 1999; amd. Sec. 45, Ch. 449, L. 2005.
MT Code § 46-12-212 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 12. Arraignment of Defendant|Part 2. Procedure on Arraignment|46-12-212. Determining accuracy of plea

  46-12-212. Determining accuracy of plea. (1) The court may not accept a guilty plea without determining that there is a factual basis for the plea in charges of felonies or misdemeanors resulting in incarceration.   (2) A defendant who is unwilling to admit to any element of the offense that would provide a factual basis for a plea of guilty may, with the consent of the court, enter a plea of guilty or may, with the consent of the court and the prosecutor, enter a plea of nolo contendere to the offense if the defendant considers the plea to be in the defendant's best interest and the court determines that there is a factual basis for the plea.   History: En. Sec. 135, Ch. 800, L. 1991; amd. Sec. 11, Ch. 395, L. 1999.
MT Code § 46-12-213 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 12. Arraignment of Defendant|Part 2. Procedure on Arraignment|46-12-213. Harmless error

  46-12-213. Harmless error. Any variance from the procedure required by 46-12-211 that does not affect the substantial rights of the defendant must be disregarded.   History: En. 95-1608 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1608; amd. Sec. 136, Ch. 800, L. 1991; Sec. 46-12-206, MCA 1989; redes. 46-12-213 by Code Commissioner, 1991.