Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 9. BAIL · Part 1. Definition and Availability of Bail
Montana Code Annotated

Mont. Code Ann. § 46-9-102 (2026)

Bailable Offenses

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 9
  4. Part 1
  5. 46-9-102 Bailable offenses

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 9. BAIL

Part 1. Definition and Availability of Bail

Bailable Offenses

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.

Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1981–2021 · leading case: State v. Pavey, 2010 MT 104 (Mont. 2010).
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State v. Pavey, 2010 MT 104 (Mont. 2010). · cites it 4× “” The prosecutor objected on the ground that Pavey had been incarcerated under the prior Jefferson County and Silver Bow County convictions, not the new charges.”
State v. Pavey, 2010 MT 104 (Mont. 2010). · cites it 4× “” The prosecutor objected on the ground that Pavey had been incarcerated under the prior Jefferson County and Silver Bow County convictions, not the new charges.”
State v. M. Mendoza, 2021 MT 197 (Mont. 2021). · cites it 5× “The State, using a different definition of “bailable offense” than that set forth in § 46-9-102, MCA, argued Mendoza was not incarcerated on a “bailable offense” as had he posted the bond set on the Lake County DUI, he would not have been released prior to resolution of the…”
A. Grafft v. State, 2021 MT 201 (Mont. 2021). · cites it 7× “3 "When a person is imprisoned or detained in custody on any criminal charge for want of bail, the person is entitled to a writ of habeas 3 Both published cases in the annotations for § 46-9-102(1), MCA,dealt with capital murder cases.”
MacPheat v. Mahoney, 2000 MT 62 (Mont. 2000). · cites it 4× “9, part 1, MCA, and specifically §§ 46-9-102, MCA, and 46-9-301, MCA, and Article II, Section 21 of the Montana Constitution.”
State v. Rodriguez, 628 P.2d 280 (Mont. 1981). · cites it 3× “A cash bail requirement may also effectively undermine the con *419 stitutional guarantee of bail by “sufficient sureties” and the statutory provision of section 46-9-102, MCA, that “[a]ll persons shall be bailable before conviction .”
State v. Race, 946 P.2d 641 (Mont. 1997). · cites it 3× “” Section 46-9-102, MCA, provides that all persons are bailable before conviction, except when death is a possible punishment for the offense charged.”
Browne v. People, 50 V.I. 241 (2008). “See also Mont. Code Ann. § 46-9-102 (2003) (burden of proof on state); Connecticut v.”
MacPheat v. Mahoney, 2000 MT 62A (Mont. 2000). · cites it 2× “9, part 1, MCA, and specifically §§ 46-9-102, MCA, and 46-9-301, MCA, and Article II, Section 21 of the Montana Constitution.”
A. Grafft v. State of Montana (Mont. 2020). · cites it 2× “Therefore, IT IS ORDERED that the Attorney General or counsel for Missoula County is GRANTED thirty days from the date of this Order in which to prepare, file, and serve a written response to the Petition for Writ of Habeas Corpus together with appropriate documentary exhibits.”
State v. Wells, 377 Mont. 45 (Mont. 2014). · cites it 3× “On March 20, 2012, the Defendant was sentenced for Count I: Criminal Possession *46 of Dangerous Drugs/Opiate, a felony, in violation of Section 46-9-102(4), MCA, imposition of sentence on Count I is deferred for a period of Three (3) years, Defendant shall receive credit for…”
State v. Twiddy, 377 Mont. 98 (Mont. 2014). · cites it 3× “On July 26, 2013, the Defendant was sentenced for amended Count II: Criminal Possession of Dangerous Drugs, a felony, in violation of Section 46-9-102, MCA to commitment to the Montana Department of Corrections for a Five (5) year term for placement in an appropriate…”
Show all 14 citing cases →
— Mont. Code Ann. § 46-9-102(1) — 5 cases
A. Grafft v. State, 2021 MT 201 (Mont. 2021). “3 "When a person is imprisoned or detained in custody on any criminal charge for want of bail, the person is entitled to a writ of habeas 3 Both published cases in the annotations for § 46-9-102(1), MCA,dealt with capital murder cases.”
State v. Pavey, 2010 MT 104 (Mont. 2010). “” The prosecutor objected on the ground that Pavey had been incarcerated under the prior Jefferson County and Silver Bow County convictions, not the new charges.”
State v. Pavey, 2010 MT 104 (Mont. 2010). “” The prosecutor objected on the ground that Pavey had been incarcerated under the prior Jefferson County and Silver Bow County convictions, not the new charges.”
A. Grafft v. State of Montana (Mont. 2020). “Therefore, IT IS ORDERED that the Attorney General or counsel for Missoula County is GRANTED thirty days from the date of this Order in which to prepare, file, and serve a written response to the Petition for Writ of Habeas Corpus together with appropriate documentary exhibits.”
State v. Lodge, 1998 MT 253N (Mont. 1998).
— Mont. Code Ann. § 46-9-102(4) — 1 case
State v. Wells, 377 Mont. 45 (Mont. 2014). “On March 20, 2012, the Defendant was sentenced for Count I: Criminal Possession *46 of Dangerous Drugs/Opiate, a felony, in violation of Section 46-9-102(4), MCA, imposition of sentence on Count I is deferred for a period of Three (3) years, Defendant shall receive credit for…”
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.