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27 chapters · 645 sections in this title.
Mont. Code Ann. § 46-8-101 Right To Counsel
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(1) During the initial appearance before the court, every defendant must be informed of the right to have counsel and must be asked if the aid of counsel is desired. (2) Except as provided in subsection (3), if the defendant desires assigned counsel because of financial inability…
Mont. Code Ann. § 46-8-102 Waiver Of Counsel
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A defendant may waive the right to counsel when the court ascertains that the waiver is made knowingly, voluntarily, and intelligently.
Mont. Code Ann. § 46-8-103 Duration Of Assignment
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(1) When counsel has been assigned, the assignment is effective until final judgment, including any proceeding upon direct appeal to the Montana supreme court, unless relieved by order of the court that assigned counsel or that has jurisdiction over the case. (2) If counsel deter…
Mont. Code Ann. § 46-8-104 Assignment Of Counsel After Trial -- Definition
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(1) Any court of record may order the office of state public defender, provided for in 2-15-1029, to assign counsel, subject to the provisions of the Montana Public Defender Act, Title 47, chapter 1, to represent any petitioner or appellant in any postconviction action or proceed…