2005 Montana Code Annotated - 46-8-101 — Right to counsel.

     46-8-101. (Temporary) Right to counsel. (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) If the defendant desires counsel, is unable to employ counsel, and is entitled to have counsel assigned, the court shall assign counsel to the defendant without unnecessary delay.
     (3) The defendant, if unable to employ counsel, is entitled to have counsel assigned if:
     (a) the offense charged is a felony;
     (b) the offense charged is a misdemeanor and the court desires to retain imprisonment as a sentencing option; or
     (c) the interests of justice would be served by assignment.
     46-8-101. (Effective July 1, 2006). Right to counsel. (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) If the defendant desires assigned counsel because of financial inability to retain private counsel and the offense charged is a felony or the offense is a misdemeanor and incarceration is a sentencing option if the defendant is convicted, the court shall order the office of state public defender, provided for in 47-1-201, to assign counsel to represent the defendant without unnecessary delay pending a determination of eligibility under the provisions of 47-1-111.

     History: En. 95-1001 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1001; amd. Sec. 1, Ch. 415, L. 1981; amd. Sec. 63, Ch. 800, L. 1991; amd. Sec. 40, Ch. 449, L. 2005.