the purposes of this question includes a deferred imposition of sentence and/or deferred prosecution. may include: (i)a fine as provided by law for the offense; (ii)payment of costs, as provided in 46-18-232, or payment of costs of assigned counsel as provided in 46-8-113; (iii)a term of incarceration, as provided in Title 45 for the offense, at a county He must pay $10,000 in restitution, $1,060 in surcharges and $1,000 in fines. Sec. 128, L. 2009; amd. The new law retains most of 46-18-1101s original language, including the provision limiting a person to one expungement order during their lifetime. For crimes for which expungement is not presumed, expungement may be granted after a hearing, in which the court must consider the petitioners age at the time the offense was committed, the length of time between the offense and the request, the rehabilitation of the petitioner, [] the likelihood that the person will reoffend, and any . Mont. Pursuant to the Revised Codes of Montana (RCM) 1947, Section 95-2215, a sentencing judge in Montana must give credit against a prison sentence for all days during which a criminal defendant is incarcerated on a bailable offense and has a judgment of imprisonment rendered against him. Juvenile recordsIV. Sec. Mont. Executive pardon removes all legal consequences of conviction, Mont. Cite this article: FindLaw.com - Montana Title 46. Criminal Procedure 46-18-201. Mont. program; or. Driving under influence of alcohol or drugs - definitions. judge may include the suspension of the license or driving privilege of the person Sec. For the remaining counts, Brien, Jr. was sentenced to six months in jail, all suspended, and must pay $500. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. The governor shall. 306 0 obj <>stream Sec. Three men sentenced in Judith Basin County for illegal possession of game. Revoked on Dec. 16 . Sec. Deer Lodge, MT 59722 6, Ch. 3, Ch. (1) (a) Whenever a person has been found guilty of an offense upon a verdict of guilty or a plea of guilty or nolo contendere, a sentencing judge may defer imposition of sentence, except as otherwise specifically provided by statute, for a period: (i) not exceeding 1 year for a misdemeanor or for a period not exceeding 3 years for a felony; or in a community corrections facility or program as provided in 53-30-321; (i)with the approval of the prerelease center or prerelease program and confirmation A third misdemeanor of attempting to harvest an antlered mule deer buck without a license was dismissed with prejudice. https://codes.findlaw.com/mt/title-46-criminal-procedure/mt-code-ann-sect-46-18-201/, Read this complete Montana Title 46. 513, L. 1973; amd. A fourth misdemeanor count of killing over the limit of antlered elk was dismissed with prejudice. 794, L. 1991; amd. As amended in 2021, this provision now makes clear that an expungement under this section does not preclude petitioning for expungement under 46-18-1102. Code Ann. Expungement is presumed for all but certain specified serious offenses (involving violent and sexual offenses, and driving while impaired), unless the interests of public safety demand otherwise as long as: (1) the petitioner currently is not charged with an offense, and (2) either he has not committed an offense within five years of completing his sentence, or the petitioner is seeking opportunities for military service that are otherwise closed to him. Richard Nolan Mairena, 23, improper passing - crowding overtaken vehicle, $85. Bd. Justice Court - Sanders County Ledger 395, L. 1999; amd. After the charge is dismissed, all records and data relating to the charge are confidential criminal justice information, as defined in 44-5-103, and public access to the information may be obtained only by district court order upon good cause shown. Sec. Montana Highway Patrol Tim Southwick, 49, reckless driving, 1st offense, $335, deferred imposition of sentence. (ii)not exceeding 2 years for a misdemeanor or for a period not exceeding 6 years for a felony if a financial obligation is imposed as a condition of sentence for either the misdemeanor or the felony, regardless of whether any other conditions are imposed. Sec. or conditions during the period of the deferred imposition or suspension of sentence. 370, L. 1987; amd. 13, Ch. 46-18-801(1), a conviction does not result in loss of civil rights except as provided in the Montana Constitution, or as specifically enumerated by the sentencing judge as a necessary condition of the sentence directed toward the objectives of rehabilitation and the protection of society. A convicted person is ineligible to vote only if serving a sentence for a felony in a penal institution; the right to vote is regained upon release from incarceration.
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