Montana § 46-9-105 - General Authority For Release And Detention

Full text of Montana Montana Code Annotated § 46-9-105 — General Authority For Release And Detention, with citation guidance and answers to common questions.

§ 46-9-105. General Authority For Release And Detention

General authority for release and detention. (1) An arrested person must be released or detained pending judicial proceedings pursuant to Title 46, chapter 9. When a person is arrested on a judicial warrant after being returned from another state to this state under 46-30-411 , the person may not be admitted to bail without first appearing before the judge who issued the warrant, unless that judge is unavailable, in which case another judge in the same jurisdiction may consider the matter. When an arrested person is subject to an interstate compact or agreement, the terms of the applicable interstate compact or agreement and applicable federal laws apply. (2) If a person is released, that person shall appear to answer the charge for the alleged commission of the offense, as ordered, in the court having jurisdiction.

Source: official Montana text · Last verified 2026-08-27

Frequently Asked Questions About Montana § 46-9-105

What does Montana Code Annotated § 46-9-105 cover?

Section 46-9-105 ("General Authority For Release And Detention") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Montana § 46-9-105?

A common citation format is "Montana Code Annotated § 46-9-105" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Montana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.

How does Montana § 46-9-105 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Montana.