Resisting Arrest in Montana

Resisting arrest is knowingly preventing or trying to prevent a peace officer from making an arrest by using or threatening physical force or violence, or by any other means that risks physical injury; it is a misdemeanor with a fine not to exceed $500, up to 6 months in county jail, or both. Knowingly obstructing or hindering law enforcement or a government function is obstructing a peace officer, with the same penalty. Fleeing or eluding police in a vehicle (failing to stop for an officer's signal while speeding 10 or more mph over the limit, speeding up, turning off the lights or otherwise trying to get away) is a misdemeanor with up to 1 year and $2,000. Aggravated fleeing (a prior fleeing conviction, reckless driving, over $5,000 in property damage, or leaving the state) is a felony with up to 5 years and $5,000, and fleeing that causes serious bodily injury or death is a felony with up to 10 years and $10,000.

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.