46-9-102. Bailable offenses. (1) All persons shall be bailable before conviction, except when death is a possible punishment for the offense charged and the proof is evident or the presumption great that the person is guilty of the offense charged.
(2) On the hearing of an application for admission to bail made before or after indictment or information for a capital offense, the burden of showing that the proof is evident or the presumption great that the defendant is guilty of the offense is on the state.
History: En. 95-1108 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1108.
Structure Montana Code Annotated
Part 1. Definition and Availability of Bail
46-9-105. General authority for release and detention
46-9-106. Release or detention of defendant pending trial
46-9-107. Release or detention pending appeal -- revocation -- sentencing hearing
46-9-108. Conditions upon defendant's release -- notice to victim of stalker's release
46-9-109. Release or detention hearing
46-9-111. Release on own recognizance
46-9-112. through 46-9-114 reserved
46-9-115. Release ordered by court where charge not pending