Hit and Run Laws in Montana

A driver who knows or should know they were in an accident with another person must stop, stay at the scene, give their information and render aid. Leaving the scene of an injury crash is punishable by 30 days to 1 year in jail, a fine of $100 to $5,000, or both. If the crash caused serious bodily injury or death, leaving is a felony punishable by 1 to 10 years in state prison, a fine up to $50,000, or both, and the driver's license is revoked. Other violations of the accident-reporting law, such as failing to stop after striking an unattended vehicle or other property, are misdemeanors with a fine of $200 to $300 or up to 20 days in jail for a first conviction, rising for repeat convictions within 1 year.

Montana's rule on court-appointed lawyers: The Office of State Public Defender assigns counsel to eligible applicants; eligibility determinations are subject to the review and approval of the court. An applicant is indigent if 'the applicant's gross household income is at or less than 133% of the poverty level' (federal poverty guidelines) or if disposable income and assets are 'insufficient to retain competent private counsel without substantial hardship to the applicant.' The applicant must provide a detailed financial statement and sign an affidavit on a prescribed form; false statements may be prosecuted. The section does not set an application fee. MCA § 47-1-111

Lawyers set their own fees, and Montana has rules on how they may charge. See hiring a criminal defense lawyer in Montana for fee rules, how to check a lawyer's license and free help.

How release before trial works in Montana: Before a verdict, the court must either authorize release 'upon reasonable conditions that ensure the appearance of the defendant' and protect the safety of the community or any person, or detain the defendant when there is probable cause to believe the defendant committed an offense for which death is a possible punishment and adequate safeguards are unavailable (§ 46-9-106). The amount of bail must be sufficient to ensure the defendant's presence and compliance with bail conditions and to protect any person from bodily injury; 'not oppressive'; commensurate with the nature of the offense; and considerate of the financial ability of the accused, prior record, history of abscondence, length of residence and community ties, family ties, mental health status and treatment, and employment status (§ 46-9-301). MCA §§ 46-9-106, 46-9-301 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Montana expungement and record sealing rules.