Getting Out Before Trial
MCA 46-9-301 — bail reasonable and not oppressive, release on recognizance, and no contact with the alleged victim
Before a verdict, the court authorizes the defendant's release on reasonable conditions that ensure the defendant's appearance and protect the community, and detains only in a case where death is a possible punishment and safeguards are inadequate.
Who handles this in Montana: State Bar of Montana, Licensed Lawyer Montana; and legal aid programs and the state offices, listed in the Montana directory.
- Bail is reasonable, sufficient to ensure appearance and protect others, and not oppressive.
- It is considerate of the person's financial ability, record, ties to the community, family, mental health and employment.
- A person otherwise eligible for bail may be released on personal recognizance.
The court may set conditions: committing no offense, restrictions on associations, home and travel, avoiding all contact with the alleged victim and potential witnesses, reporting, a curfew, or no firearms.
Sources for this section (4)
- MCA 46-9-106 — Release or detention of defendant pending trial
- MCA 46-9-108 — Conditions upon defendant's release -- notice to victim of stalker's release
- MCA 46-9-111 — Release on own recognizance
- MCA 46-9-301 — Determining amount of bail
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.