If you are arrested or summoned

Being arrested or summoned to court is one of the more disorienting things the state can do to you. The Montana Blotter publishes bookings daily, and most Montanans will have at least one encounter with the system — as a defendant, a witness, a juror, or a victim's family member. This chapter is a primer.

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What this chapter covers

• The difference between an arrest and a summons
• How to read a Montana criminal complaint
• Your right to remain silent and to counsel
• Bond, OR release, and the 48-hour rule
• Public defenders in Montana
• How to find your case in the Montana Judicial Branch docket
• What a no-contact order is and how it works
• Jury service: a short note

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> Not legal advice. This chapter summarizes published Montana law in the Montana Code Annotated (MCA). Statutes change. Verify every citation against the current text at leg.mt.gov/bills/mca and consult a licensed Montana attorney for your specific situation.

> Editorial standards. Every claim links to a primary Montana Code section on leg.mt.gov/bills/mca. We do not invent scenarios or dispositions. If a citation has drifted from the current statute, email records@montanablotter.com — subject line Course Citation Update.

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Arrest vs. summons

Arrest

An arrest is the taking of a person into custody. MCA § 46-6-102. An arrest must be supported by probable cause. The arresting officer must:

• Tell you that you are being arrested
• State the crime for which you are being arrested
• Use no more force than reasonably necessary

An arrest does not require a warrant for misdemeanors committed in the officer's presence, and does not require a warrant for felonies in many circumstances. § 46-6-102.

Summons

A summons is an order to appear in court, typically delivered with a copy of the complaint. It is not an arrest. § 46-6-103 authorizes issuance of a summons in lieu of arrest for misdemeanors in many cases.

If you receive a summons, the date on it is a court date. Failure to appear is a separate offense (§ 46-6-212) and may lead to a bench warrant.

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Reading a criminal complaint

A Montana criminal complaint is filed in justice court (misdemeanor) or district court (felony). It will contain:

1. The defendant's name and address. Confirm both. Errors in the complaint can sometimes be grounds for relief.
2. The case number. This is how you find the case in the Montana Judicial Branch's public docket at courts.mt.gov.
3. The charges. Each charge is a citation to a specific MCA section, plus a brief description of the alleged conduct.
4. The prosecuting attorney. Identify the county attorney's office. Most county attorney contact information is on the county's website.
5. The next court date. The arraignment date for an arrest; the initial appearance date for a summons.

"Reading the charge"

A charge of "Assault With Weapon, § 45-5-213" means the State alleges the elements of that section. Read the section. Read the definition of every word that is a term of art. For most MCA sections, the elements are clear; the work of a defense attorney is at the level of evidence, not at the level of statutory interpretation.

A criminal complaint is not evidence. It is an accusation. You are presumed innocent.

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Your rights at arrest

Right to remain silent

You have the right to remain silent at every stage of the criminal process. The State must prove its case; you do not have to disprove anything. Exercising this right is constitutionally protected and cannot be used against you. (Griffin v. California, 380 U.S. 609 (1965).)

Practical advice that any public defender will give you:

• Do not explain yourself to the officer.
• Do not volunteer information.
• If asked to "tell me your side of the story," decline.
• The right to remain silent can be invoked by saying "I am exercising my right to remain silent."

Right to counsel

You have the right to an attorney. If you cannot afford one and the charge carries a risk of incarceration, the court must appoint one. MCA § 46-8-101 and Mont. Const. art. II, § 24.

At arrest:

• You may invoke your right to counsel by saying "I want a lawyer."
• If you cannot afford one, the court will appoint one at arraignment (typically within 24–48 hours of arrest).
• The Montana State Public Defender's office maintains a list of regional offices at publicdefender.mt.gov.

Miranda

Miranda v. Arizona, 384 U.S. 436 (1966) requires the officer to give you the following warnings before custodial interrogation:

> "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you."

If the officer fails to give these warnings and then questions you in custody, the answers may be suppressed. The fact of arrest alone is not enough — the questioning must be interrogation in custody.

There is a large body of case law about what counts as "interrogation" for Miranda purposes (Rhode Island v. Innis, 446 U.S. 291 (1980)). Spontaneous statements you make without questioning are not covered by Miranda.

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Bond, OR release, and the 48-hour rule

Bond

Bond is the security you post to be released before trial. The amount is set by the court. § 46-9-101 and following. You may post:

• Cash bond. The full amount, in cash, refunded (less administrative fees) at the end of the case.
• Surety bond. A licensed bail bondsman posts the bond for a fee (typically 10% of the bond amount).
• Property bond. Real estate with sufficient equity, posted with the court.
• OR (own recognizance) release. No money, your promise to appear. Granted when the court finds you are not a flight risk or danger.

Pretrial release conditions

Pretrial release may include:

• No-contact orders with named individuals
• Geographic restrictions
• Substance testing
• Curfews
• GPS monitoring in serious cases

Violating a condition is not a new crime but is grounds for revocation of release and a new arrest.

The 48-hour rule

A person arrested without a warrant must be brought before a judge within 48 hours. MCA § 46-7-104 (time limits for holding without an information). This is the bright-line rule. If you are held beyond 48 hours without a court appearance, your attorney will file a motion for release.

A person arrested on a warrant must be brought before a judge without unreasonable delay. County of Riverside v. McLaughlin, 500 U.S. 44 (1991) sets the federal constitutional floor at 48 hours; Montana courts apply the same standard.

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Public defenders in Montana

The Montana State Public Defender's office (publicdefender.mt.gov) provides representation in:

• Felony cases at the trial level
• Misdemeanor cases where the defendant faces a risk of incarceration
• Juvenile delinquency cases
• Parental termination cases
• Mental health commitment cases
• Certain appeals

Eligibility is based on income. The office uses a federal poverty guideline chart published annually. The application is made at the first appearance or at the public defender's office.

For private counsel, the Montana Bar Association's Lawyer Referral Service at montanabar.org is the statewide starting point.

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Looking up your case

The Montana Judicial Branch publishes a public docket at courts.mt.gov. You can search by:

• Case number (from your complaint)
• Defendant name
• Attorney bar number
• Citation number (for traffic)

The docket shows each filing in the case: complaint, motions, orders, dispositions. It is the authoritative record of what has been filed.

A separate resource: the Montana Blotter Case Tracking page tracks public case milestones in a narrative format for the newsroom and the public. It is not a substitute for the official docket.

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No-contact orders and orders of protection

Protective order (victim-petitioned)

A victim of partner or family-member assault may petition for an order of protection under Title 40, Chapter 15. The order may:

• Prohibit contact (direct, indirect, third-party)
• Exclude the respondent from a residence
• Grant temporary custody
• Order the respondent to stay away from a workplace or school

A protective order is civil in form. Violation is criminal under § 45-5-626.

No-contact order (pretrial)

As a condition of pretrial release, the court may impose a no-contact order. The standard is "no direct or indirect contact" with the named protected person. Contact includes text messages, social media, third-party messages, gifts, and approaching within a specified distance.

If you have a no-contact order and you are contacted by the protected person, the order is still your obligation. The remedy is to document the contact and report it to your attorney; do not respond.

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A short note on jury service

Montana residents receive a summons for jury service from the clerk of court. The summons is published online at the Montana Judicial Branch and by mail. You may request postponement or exemption for hardship, and you may be struck for cause or by peremptory challenge by the attorneys.

If you are summoned, the only correct response is to appear on the date listed or to request postponement before the date. Failure to appear is a misdemeanor. The juror handbook explains the process in detail.

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What you can do tonight

• [ ] Save publicdefender.mt.gov and courts.mt.gov on your phone.
• [ ] If you have an active case, look it up by case number today and read every entry.
• [ ] If you have a no-contact order, write the protected person's name on a card in your wallet so you do not accidentally initiate contact.
• [ ] If you are summoned for jury service, do not ignore it.
• [ ] Read the warnings above one more time. Print them if needed.

Where to verify

• MCA Title 46 — Criminal Procedure
• MCA § 46-6-102 — Arrest
• MCA § 46-6-103 — Summons
• MCA § 46-7-104 — Time limits for holding without information
• MCA § 45-5-626 — Violation of protective order
• Montana State Public Defender
• Montana Judicial Branch — Case Search
• Miranda v. Arizona, 384 U.S. 436 (1966)

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Chapter last reviewed: 2026-08-05 · Montana Blotter · Know Your Rights course