Montana Code Annotated

Mont. Code Ann. § 46-9-503 (2026)

Violation Of Release Condition -- Forfeiture

✓ current as of May 2026

Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 9. BAIL

Part 5. Conditions of Bail -- Violation Thereof

Violation Of Release Condition -- Forfeiture

46-9-503. Violation of release condition -- forfeiture. (1) If a defendant violates a condition of release, including failure to appear, the prosecutor may make a written motion to the court for revocation of the order of release. A judge may issue a warrant for the arrest of a defendant charged with violating a condition of release. Upon arrest, the defendant must be brought before a judge in accordance with 46-7-101.

(2) If a defendant fails to appear before a court as required and bail has been posted, the judge may declare the bail forfeited. Notice of the order of forfeiture must be mailed to the defendant and the defendant's sureties at their last-known address within 10 working days or the bond becomes void and must be released and returned to the surety within 5 working days.

(3) If at any time within 90 days after the forfeiture the defendant's sureties surrender the defendant pursuant to 46-9-510 or appear and satisfactorily excuse the defendant's failure to appear, the judge shall direct the forfeiture to be discharged without penalty. If at any time within 90 days after the forfeiture the defendant appears and satisfactorily excuses the defendant's failure to appear, the judge shall direct the forfeiture to be discharged upon terms as may be just.

(4) The surety bail bond must be exonerated upon proof of the defendant's death or incarceration or subjection to court-ordered treatment in a foreign jurisdiction for a period exceeding the time limits under subsection (3).

(5) A surety bail bond is an appearance bond only. It cannot be held or forfeited for fines, restitution, or violations of release conditions other than failure to appear. The original bond is in effect pursuant to 46-9-121 and is due and payable only if the surety fails, after 90 days from forfeiture, to surrender the defendant or if the defendant fails to appear on the defendant's own within the same time period.

History: En. 95-1116 by Sec. 1, Ch. 196, L. 1967; amd. Sup. Ct. Ord. 11450-2-3-4, Oct. 10, 1968, eff. Dec. 1, 1968; R.C.M. 1947, 95-1116(b), (c); amd. Sec. 83, Ch. 800, L. 1991; amd. Sec. 2, Ch. 270, L. 1993; amd. Sec. 2, Ch. 456, L. 1997; amd. Sec. 1, Ch. 420, L. 2003.

Notes of Decisions

Cited in 13 cases (1 in the last 5 years), 1980–2024 · leading case: State v. Musgrove, 610 P.2d 710 (Mont. 1980).

Sort: Relevance Newest Treatment

State v. Musgrove, 610 P.2d 710 (Mont. 1980). · cites it 12× “The insurance company petitioned the trial court, pursuant to section 46-9-503, MCA, to enter an order discharging the bond forfeiture.”

State v. Kempin, 2001 MT 313 (Mont. 2001). · cites it 8× “Kempin's remedy, if he was dissatisfied or surprised in the suspension of his hunting privileges, was to proceed under the statutory framework provided in § 46-9-503, MCA, and seek a discharge of his forfeiture.”

State v. T. Ritesman, 2018 MT 55 (Mont. 2018). · cites it 2× “See § 46-9-503(1), MCA ("If a defendant violates a condition of release .”

State v. Seybert, 745 P.2d 687 (Mont. 1987). · cites it 6× “Section 46-9-503, MCA, provides, in pertinent part: “Conditions not performed — forfeiture.”

City of Helena v. Buck, 806 P.2d 27 (Mont. 1991). · cites it 7× “Did the District Court err in granting the motion to dismiss? *315 Section 46-9-503(3), MCA, provides: “(3) If at any time within 30 days after the forfeiture the defendant or his bail appear and satisfactorily excuse his negligence or failure to comply with the conditions of…”

State v. Musgrove, 659 P.2d 285 (Mont. 1983). · cites it 6× “d by the parties: (1) whether or not the District Court had jurisdiction to discharge any part of the bond forfeiture; and, (2) if the court did have jurisdiction, whether the ordered forfeiture of $5,000 was error? The State argues that the District Court did not have…”

State v. Larsen, 425 P.3d 694 (Mont. 2018). · cites it 2× “Therefore, Officer Eller had no probable cause to initiate a warrantless arrest under § 46-6-311(1), MCA, and was required to first obtain a warrant under §§ 46-9-503 and -505, MCA. Larsen argues that because the motion to **406 suppress would have been successful, his trial…”

State v. Sunday, 729 P.2d 1319 (Mont. 1986). · cites it 14× “The controlling statute on this issue is Section 46-9-503, MCA. Section (1) provides: “If the accused does not comply with the conditions of the bail bond, the court having jurisdiction shall enter an order declaring the bail to be forfeited.”

State v. Mottolese, 2015 VT 81 (Vt. 2015). “§ 83-39-7 ); Montana ( Mont. Code Ann. § 46-9-503 (4)); Oklahoma (State v.”

State v. J. Baldwin, 2024 MT 199 (Mont. 2024). · cites it 11× “Baldwin asserts that § 46-9-503, MCA, provides the remedy for violations of pre-release conditions, and allowing separate contempt of court charges would be redundant and run afoul of the Legislature’s intent.”

State v. Mottolese, 199 Vt. 470 (Vt. 2015). “§ 83-39-7 ); Montana ( Mont. Code Ann. § 46-9-503 (4)); Oklahoma ( State v.”

State v. Neely, 1999 MT 183N (Mont. 1999). · cites it 5× “Section 46-9-503, MCA, provides that a judge may declare bail forfeited if a defendant fails to appear before a court as required.”

Show all 13 citing cases →

— Mont. Code Ann. § 46-9-503(1) — 3 cases

State v. T. Ritesman, 2018 MT 55 (Mont. 2018). “See § 46-9-503(1), MCA ("If a defendant violates a condition of release .”

State v. J. Baldwin, 2024 MT 199 (Mont. 2024). “Baldwin asserts that § 46-9-503, MCA, provides the remedy for violations of pre-release conditions, and allowing separate contempt of court charges would be redundant and run afoul of the Legislature’s intent.”

State v. Sunday, 729 P.2d 1319 (Mont. 1986). “The controlling statute on this issue is Section 46-9-503, MCA. Section (1) provides: “If the accused does not comply with the conditions of the bail bond, the court having jurisdiction shall enter an order declaring the bail to be forfeited.”

— Mont. Code Ann. § 46-9-503(2) — 1 case

State v. Kempin, 2001 MT 313 (Mont. 2001). “Kempin's remedy, if he was dissatisfied or surprised in the suspension of his hunting privileges, was to proceed under the statutory framework provided in § 46-9-503, MCA, and seek a discharge of his forfeiture.”

— Mont. Code Ann. § 46-9-503(3) — 3 cases

State v. Musgrove, 610 P.2d 710 (Mont. 1980). “The insurance company petitioned the trial court, pursuant to section 46-9-503, MCA, to enter an order discharging the bond forfeiture.”

City of Helena v. Buck, 806 P.2d 27 (Mont. 1991). “Did the District Court err in granting the motion to dismiss? *315 Section 46-9-503(3), MCA, provides: “(3) If at any time within 30 days after the forfeiture the defendant or his bail appear and satisfactorily excuse his negligence or failure to comply with the conditions of…”

State v. Musgrove, 659 P.2d 285 (Mont. 1983). “d by the parties: (1) whether or not the District Court had jurisdiction to discharge any part of the bond forfeiture; and, (2) if the court did have jurisdiction, whether the ordered forfeiture of $5,000 was error? The State argues that the District Court did not have…”

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.