Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 12. ARRAIGNMENT OF DEFENDANT · Part 2. Procedure on Arraignment
Montana Code Annotated

Mont. Code Ann. § 46-12-210 (2026)

Advice To Defendant

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 12
  4. Part 2
  5. 46-12-210 Advice to defendant

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 12. ARRAIGNMENT OF DEFENDANT

Part 2. Procedure on Arraignment

Advice To Defendant

46-12-210. Advice to defendant. (1) Before accepting a plea of guilty or nolo contendere, the court shall determine that the defendant understands the following:

(a) (i) the nature of the charge for which the plea is offered;

(ii) the mandatory minimum penalty provided by law, if any;

(iii) the maximum penalty provided by law, including the effect of any penalty enhancement provision or special parole restriction; and

(iv) when applicable, the requirement that the court may also order the defendant to make restitution of the costs and assessments provided by law;

(b) if the defendant is not represented by an attorney, the fact that the defendant has the right to be represented by an attorney at every stage of the proceeding and that, if necessary, an attorney will be assigned pursuant to the Montana Public Defender Act, Title 47, chapter 1, to represent the defendant;

(c) that the defendant has the right:

(i) to plead not guilty or to persist in that plea if it has already been made;

(ii) to be tried by a jury and at the trial has the right to the assistance of counsel;

(iii) to confront and cross-examine witnesses against the defendant; and

(iv) not to be compelled to reveal personally incriminating information;

(d) that if the defendant pleads guilty or nolo contendere in fulfillment of a plea agreement, the court is not required to accept the terms of the agreement and that the defendant may not be entitled to withdraw the plea if the agreement is not accepted pursuant to 46-12-211;

(e) that if the defendant's plea of guilty or nolo contendere is accepted by the courts, there will not be a further trial of any kind, so that by pleading guilty or nolo contendere the defendant waives the right to a trial; and

(f) that if the defendant is not a United States citizen, a guilty or nolo contendere plea might result in deportation from or exclusion from admission to the United States or denial of naturalization under federal law.

(2) The requirements of subsection (1) may be accomplished by the defendant filing a written acknowledgment of the information contained in subsection (1).

History: En. 95-1606 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1606(part); amd. Sec. 1, Ch. 606, L. 1985; amd. Sec. 1, Ch. 73, L. 1991; amd. Sec. 133, Ch. 800, L. 1991; Sec. 46-12-202, MCA 1989; redes. 46-12-210 by Code Commissioner, 1991; amd. Sec. 21, Ch. 262, L. 1993; amd. Sec. 9, Ch. 395, L. 1999; amd. Sec. 45, Ch. 449, L. 2005.

Notes of Decisions
Cited in 62 cases (10 in the last 5 years), 1993–2025 · leading case: State v. Liefert, 2002 MT 48 (Mont. 2002).
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State v. Liefert, 2002 MT 48 (Mont. 2002). · cites it 26× “2d 162 ); see § 46-12-210, MCA. The defendant must be aware of the rights waived including such rights as the right to a jury trial, to counsel, or the right against self incrimination.”
State v. Bowley, 938 P.2d 592 (Mont. 1997). · cites it 22× “Therefore, Bowley argues that the District Court's interrogation was inadequate because the court violated § 46-12-210, MCA, when it elicited the factual basis for Bowley's guilty plea before informing him of his constitutional rights, specifically his right against…”
State v. Boucher, 2002 MT 114 (Mont. 2002). · cites it 18× “In my experience, the judges of these courts typically do a good job ensuring that pleas are voluntarily entered as required by § 46-17-203(2), MCA, and explaining to the accused the consequences of a guilty plea as required by § 46-17-203(1)(b), MCA, and § 46-12-210, MCA.…”
State v. Otto, 2012 MT 199 (Mont. 2012). · cites it 31× “Section 46-12-210, MCA (2009), provides: (1) Before accepting a plea of guilty or nolo contendere, the court shall determine that the defendant understands the following: (a) (i) the nature of the charge for which the plea is offered; (ii) the mandatory minimum penalty provided…”
State v. Peplow, 2001 MT 253 (Mont. 2001). · cites it 9× “(3) With the approval of the court and the consent of the prosecutor, a defendant may enter a plea of guilty, reserving the right, on appeal from the judgment, to review the adverse determination of any specified pretrial motion. If the defendant prevails on appeal, the…”
State v. Humphrey, 2008 MT 328 (Mont. 2008). · cites it 8× “To that end, before accepting a guilty plea, the trial judge must ensure that the defendant understands each of the considerations set out in § 46-12-210(1), MCA. Those include “the nature of the charge for which the plea is offered,” “the maximum penalty provided by law” for…”
State v. Thomas, 946 P.2d 140 (Mont. 1997). · cites it 10× “The legislative history of § 46-12-210, MCA, buttresses this interpretation.”
Padilla v. Kentucky, 559 U.S. 356 (2010). “01 (2009); Mont. Code Ann. §46-12-210 (West 2009); N.”
State v. Enoch, 887 P.2d 175 (Mont. 1994). · cites it 6× “trial has the right to the assistance of counsel; (c) to confront and cross-examine witnesses against the defendant; and (d) not to be compelled to reveal personally incriminating information; (5) that if the defendant’s plea of guilty is accepted by the courts, there will not…”
State v. Shirlene Walker, 2008 MT 244 (Mont. 2008). · cites it 5× “penalty enhancement provisions ¶35 Section 46-12-210(1)(a)(iii), MCA, requires that before accepting a plea of guilty, the trial court shall determine that the defendant understands “the maximum penalty provided by law, including the effect of any penalty enhancement provision .”
State v. Knox, 2001 MT 232 (Mont. 2001). · cites it 6× “¶7 After the terms of the plea were set out before the District Court, the court proceeded with the colloquy required by § 46-12-210, MCA, in order to inform Knox of his rights, options, and the consequences of his plea.”
State v. Melone, 2000 MT 118 (Mont. 2000). · cites it 8× “¶ 16 We have stated that prior to accepting a guilty plea, the trial court must satisfy the requirements of §§ 46-12-210 and 46-16-105, MCA. See State v.”
Show all 62 citing cases →
— Mont. Code Ann. § 46-12-210(1) — 13 cases
State v. Boucher, 2002 MT 114 (Mont. 2002). “In my experience, the judges of these courts typically do a good job ensuring that pleas are voluntarily entered as required by § 46-17-203(2), MCA, and explaining to the accused the consequences of a guilty plea as required by § 46-17-203(1)(b), MCA, and § 46-12-210, MCA.…”
State v. Thomas, 946 P.2d 140 (Mont. 1997). “The legislative history of § 46-12-210, MCA, buttresses this interpretation.”
State v. Humphrey, 2008 MT 328 (Mont. 2008). “To that end, before accepting a guilty plea, the trial judge must ensure that the defendant understands each of the considerations set out in § 46-12-210(1), MCA. Those include “the nature of the charge for which the plea is offered,” “the maximum penalty provided by law” for…”
State v. Liefert, 2002 MT 48 (Mont. 2002). “2d 162 ); see § 46-12-210, MCA. The defendant must be aware of the rights waived including such rights as the right to a jury trial, to counsel, or the right against self incrimination.”
State v. Hendrickson, 2014 MT 132 (Mont. 2014).
— Mont. Code Ann. § 46-12-210(1)(a) — 3 cases
State v. L. Hogues, 2024 MT 304 (Mont. 2024).
State v. J. Presley, 2023 MT 102N (Mont. 2023).
State v. Padilla-Canales, 2025 MT 303 (Mont. 2025).
— Mont. Code Ann. § 46-12-210(1)(a)(iii) — 7 cases
State v. Shirlene Walker, 2008 MT 244 (Mont. 2008). “penalty enhancement provisions ¶35 Section 46-12-210(1)(a)(iii), MCA, requires that before accepting a plea of guilty, the trial court shall determine that the defendant understands “the maximum penalty provided by law, including the effect of any penalty enhancement provision .”
State v. Melone, 2000 MT 118 (Mont. 2000). “¶ 16 We have stated that prior to accepting a guilty plea, the trial court must satisfy the requirements of §§ 46-12-210 and 46-16-105, MCA. See State v.”
State v. A. Dishon, 2023 MT 155N (Mont. 2023).
State v. B. Miesmer, 2024 MT 193N (Mont. 2024).
State v. Christopher Lewis, 2015 MT 164N (Mont. 2015).
— Mont. Code Ann. § 46-12-210(1)(a)(iv) — 1 case
City of Billings Ex Rel. Friedt v. Billings Mun. Court, 2008 MT 174 (Mont. 2008).
— Mont. Code Ann. § 46-12-210(1)(b) — 2 cases
State v. Bowley, 938 P.2d 592 (Mont. 1997). “Therefore, Bowley argues that the District Court's interrogation was inadequate because the court violated § 46-12-210, MCA, when it elicited the factual basis for Bowley's guilty plea before informing him of his constitutional rights, specifically his right against…”
City of Billings Ex Rel. Friedt v. Billings Mun. Court, 2008 MT 174 (Mont. 2008).
— Mont. Code Ann. § 46-12-210(1)(c) — 2 cases
State v. R. Collins, 2023 MT 78 (Mont. 2023).
State v. T. Bristow, 2023 MT 188 (Mont. 2023).
— Mont. Code Ann. § 46-12-210(1)(c)(iv) — 1 case
State v. Bowley, 938 P.2d 592 (Mont. 1997). “Therefore, Bowley argues that the District Court's interrogation was inadequate because the court violated § 46-12-210, MCA, when it elicited the factual basis for Bowley's guilty plea before informing him of his constitutional rights, specifically his right against…”
— Mont. Code Ann. § 46-12-210(1)(d) — 1 case
State v. Ricky Usrey, 2009 MT 227 (Mont. 2009).
— Mont. Code Ann. § 46-12-210(1)(e) — 1 case
State v. Boucher, 2002 MT 114 (Mont. 2002). “In my experience, the judges of these courts typically do a good job ensuring that pleas are voluntarily entered as required by § 46-17-203(2), MCA, and explaining to the accused the consequences of a guilty plea as required by § 46-17-203(1)(b), MCA, and § 46-12-210, MCA.…”
— Mont. Code Ann. § 46-12-210(1)(f) — 2 cases
Mallak v. State, 2002 MT 35 (Mont. 2002).
State v. Padilla-Canales, 2025 MT 303 (Mont. 2025).
— Mont. Code Ann. § 46-12-210(2) — 8 cases
State v. Warclub, 2005 MT 149 (Mont. 2005).
State v. Shannon Bullplume, 2009 MT 145 (Mont. 2009).
State v. Melone, 2000 MT 118 (Mont. 2000). “¶ 16 We have stated that prior to accepting a guilty plea, the trial court must satisfy the requirements of §§ 46-12-210 and 46-16-105, MCA. See State v.”
City of Billings Ex Rel. Friedt v. Billings Mun. Court, 2008 MT 174 (Mont. 2008).
State v. Moddison, 926 P.2d 253 (Mont. 1996).
— Mont. Code Ann. § 46-12-210(a)(iii) — 1 case
State v. Liefert, 2002 MT 48 (Mont. 2002). “2d 162 ); see § 46-12-210, MCA. The defendant must be aware of the rights waived including such rights as the right to a jury trial, to counsel, or the right against self incrimination.”
— Mont. Code Ann. § 46-12-210(f) — 1 case
State v. Liefert, 2002 MT 48 (Mont. 2002). “2d 162 ); see § 46-12-210, MCA. The defendant must be aware of the rights waived including such rights as the right to a jury trial, to counsel, or the right against self incrimination.”
— Mont. Code Ann. § 46-12-210(l) — 1 case
State v. Anderson (Mont. 1995).
— Mont. Code Ann. § 46-12-210(l)(a) — 1 case
State v. Peplow, 2001 MT 253 (Mont. 2001). “(3) With the approval of the court and the consent of the prosecutor, a defendant may enter a plea of guilty, reserving the right, on appeal from the judgment, to review the adverse determination of any specified pretrial motion. If the defendant prevails on appeal, the…”
— Mont. Code Ann. § 46-12-210(l)(a)(i) — 1 case
State v. Humphrey, 2008 MT 328 (Mont. 2008). “To that end, before accepting a guilty plea, the trial judge must ensure that the defendant understands each of the considerations set out in § 46-12-210(1), MCA. Those include “the nature of the charge for which the plea is offered,” “the maximum penalty provided by law” for…”
— Mont. Code Ann. § 46-12-210(l)(a)(iii) — 3 cases
State v. Humphrey, 2008 MT 328 (Mont. 2008). “To that end, before accepting a guilty plea, the trial judge must ensure that the defendant understands each of the considerations set out in § 46-12-210(1), MCA. Those include “the nature of the charge for which the plea is offered,” “the maximum penalty provided by law” for…”
State v. Melone, 2000 MT 118 (Mont. 2000). “¶ 16 We have stated that prior to accepting a guilty plea, the trial court must satisfy the requirements of §§ 46-12-210 and 46-16-105, MCA. See State v.”
State v. Ricky Usrey, 2009 MT 227 (Mont. 2009).
— Mont. Code Ann. § 46-12-210(l)(a)(iv) — 1 case
City of Billings Ex Rel. Friedt v. Billings Mun. Court, 2008 MT 174 (Mont. 2008).
— Mont. Code Ann. § 46-12-210(l)(b) — 2 cases
State v. Bowley, 938 P.2d 592 (Mont. 1997). “Therefore, Bowley argues that the District Court's interrogation was inadequate because the court violated § 46-12-210, MCA, when it elicited the factual basis for Bowley's guilty plea before informing him of his constitutional rights, specifically his right against…”
City of Billings Ex Rel. Friedt v. Billings Mun. Court, 2008 MT 174 (Mont. 2008).
— Mont. Code Ann. § 46-12-210(l)(c) — 1 case
State v. Peplow, 2001 MT 253 (Mont. 2001). “(3) With the approval of the court and the consent of the prosecutor, a defendant may enter a plea of guilty, reserving the right, on appeal from the judgment, to review the adverse determination of any specified pretrial motion. If the defendant prevails on appeal, the…”
— Mont. Code Ann. § 46-12-210(l)(c)(iv) — 1 case
State v. Bowley, 938 P.2d 592 (Mont. 1997). “Therefore, Bowley argues that the District Court's interrogation was inadequate because the court violated § 46-12-210, MCA, when it elicited the factual basis for Bowley's guilty plea before informing him of his constitutional rights, specifically his right against…”
— Mont. Code Ann. § 46-12-210(l)(d) — 2 cases
State v. Peplow, 2001 MT 253 (Mont. 2001). “(3) With the approval of the court and the consent of the prosecutor, a defendant may enter a plea of guilty, reserving the right, on appeal from the judgment, to review the adverse determination of any specified pretrial motion. If the defendant prevails on appeal, the…”
State v. Ricky Usrey, 2009 MT 227 (Mont. 2009).
— Mont. Code Ann. § 46-12-210(l)(e) — 1 case
City of Helena v. Heppner, 2015 MT 15 (Mont. 2015).
— Mont. Code Ann. § 46-12-210(l)(f) — 1 case
Mallak v. State, 2002 MT 35 (Mont. 2002).
— Mont. Code Ann. § 46-12-210(l)(iii) — 1 case
State v. Roach, 1999 MT 38 (Mont. 1999).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.