He must pay $1,000 in fines and $3,700 in restitution and cannot or fish in Montana or any states participating in the Interstate Wildlife Violator Compact during this period. Criminal Procedure 46-18-201. (b)for a misdemeanor conviction, upon motion of the court, the defendant, or the defendant's attorney, the court may allow the defendant to withdraw a plea of guilty or nolo contendere or may strike the verdict of guilty from the record and order that the charge or charges against the defendant be dismissed. 42, L. 1991; amd. 45-9-202. however, all but the first 5 years of the commitment to the department of corrections Code Ann. 46-18-801(1), a conviction does not result in loss of civil rights except as provided in the Montana Constitution, or as specifically enumerated by the sentencing judge as a necessary condition of the sentence directed toward the objectives of rehabilitation and the protection of society. A convicted person is ineligible to vote only if serving a sentence for a felony in a penal institution; the right to vote is regained upon release from incarceration. 306 0 obj <>stream 196, L. 1967; rep. and re-en. 505, L. 1999; amd. of sentence, the sentencing judge may impose on the offender any reasonable restrictions The Supreme Court reversed the sentencing order and judgment issued by the district court imposing a four-year suspended sentence for Defendant's convictions for criminal possession of dangerous drugs, holding that Defendant received ineffective assistance during the sentencing hearing. 407, L. 1995; amd. DUI -- one year in jail, all suspended. For crimes for which expungement is not presumed, expungement may be granted after a hearing, in which the court must consider the petitioners age at the time the offense was committed, the length of time between the offense and the request, the rehabilitation of the petitioner, [] the likelihood that the person will reoffend, and any . 46-23-301 to 46-23-307, 46-23-315, 46-23-316 (governing executive clemency process), and Mont. A suspension of the license or driving privilege of the person must be accomplished as provided in 61-5-214 through 61-5-217. 46-23-316. Board of Pardons and Parole Schallock received a four-year deferred sentence in Judith Basin County. For hunting/killing over limit, Brien, Jr. was sentenced to the county jail for six months, all suspended, and fined $500. 1, Ch. See 46-23-104(4). Admin. (b)for a misdemeanor conviction, upon motion of the court, the defendant, or the defendants attorney, the court may allow the defendant to withdraw a plea of guilty or nolo contendere or may strike the verdict of guilty from the record and order that the charge or charges against the defendant be dismissed. 626, L. 1987; amd. Sec. Plea deal for Sidney man reduces 41 charges to 14. The new law retains most of 46-18-1101s original language, including the provision limiting a person to one expungement order during their lifetime. 147, L. 1987; amd. Sec. Mont. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. (ii)The provisions of subsections (2)(b)(i)(A) and (2)(b)(i)(B) do not apply if the sentencing judge finds that a longer term of supervision is needed for the protection of society or the victim. Schallock, Sr. plead guilty to three misdemeanor counts: killing over the limit of an antlered mule deer; transfer or loan of a license for a mule deer buck; and transfer of a license for a 55 elk. The sentencing judge shall state as part of the sentence and the judgment the reasons a longer suspended sentence is needed to protect society or the victim. 65, Ch. He lost his privileges to hunt, trap or fish or accompany anyone for 20 years. Two Sidney men have been sentenced for felony unlawful possession of game animals in Richland County in 2016. 46-23-103(4). 95-2206 by Sec. Reasonable restrictions or conditions imposed under subsection (1)(a) or (2) may that space is available, an order that the offender be placed in a residential treatment Executive pardon removes all legal consequences of conviction, Mont. 275 0 obj <> endobj 1, Ch. Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. of a participation fee of up to $150 for program expenses if the program agrees to Judith Basin County gave Schallock, Sr. a four-year deferred sentence. Mont. (4)When deferring imposition of sentence or suspending all or a portion of execution The forms, checklists, and scripts are designed to assist courts of limited jurisdiction in the administration of justice. Current as of April 27, 2021 | Updated by FindLaw Staff. 0 524, L. 1985; amd. Pardons in Montana are infrequently recommended by the Board and even less frequently granted. In 2009, Swisse also received a deferred sentence in Richland County for felony unlawful possession of a game animal, and for three misdemeanor offenses. 1, Ch. However, unless supervision is also terminated in these cases, civil rights would not be restored and the federal disability would remain. Photographs and fingerprints taken of the individual must be returned by the state repository to the originating agency, which shall expunge all copies. 395, L. 1999; amd. Criminal record in employment & licensingA. William Andrew Condon: Felony issuing a bad check in excess of $5,000, deferred imposition of sentence. Id. It is the public policy of the legislature of the state of Montana to encourage and contribute to the rehabilitation of criminal offenders and to assist them in the assumption of the responsibilities of citizenship. Code Ann. report to the legislature each case of remission of fine or forfeiture, respite, commutation, or pardon granted since the previous report, stating the name of the convict, the crime of which the convict was convicted, the sentence and its date, the date of remission, commutation, pardon, or respite, with the reason for granting the same, and the objection, if any, of any of the members of the board made to the action. Code Ann. (10)As used in this section, dangerous drug has the meaning provided in 50-32-101. 46-18-801(2) (Except as provided in the Montana constitution, if a person has been deprived of a civil or constitutional right by reason of conviction for an offense and the persons sentence has expired or the person has been pardoned, the person is restored to all civil rights and full citizenship, the same as if the conviction had not occurred.). David Haywood, 51, day speeding, $20. who has been convicted of a felony on a prior occasion, whether or not the sentence He received a deferred imposition of sentence of three years and 30 days. 41-5-215(1), 41-5-216(1). 580, L. 1977; amd. Secs. Code Ann. He became Montana governor in 2021. 3, L. 2019; amd. 575, L. 1989; amd. Sec. 321, L. 2017; amd. Code Ann. Reasonable restrictions or conditions imposed under subsection (1)(a) or (2) may include but are not limited to: (a)limited release during employment hours as provided in 46-18-701; (b)incarceration in a detention center not exceeding 180 days; (e)payment of a fine as provided in 46-18-231; (f)payment of costs as provided in 46-18-232 and 46-18-233; (g)payment of costs of assigned counsel as provided in 46-8-113; (h)with the approval of the facility or program, an order that the offender be placed in a community corrections facility or program as provided in 53-30-321; (i)with the approval of the prerelease center or prerelease program and confirmation by the department of corrections that space is available and that the offender is a suitable candidate, an order that the offender be placed in a chemical dependency treatment program, prerelease center, or prerelease program for a period not to exceed 1 year; (k)home arrest as provided in Title 46, chapter 18, part 10; (l)payment of expenses for use of a judge pro tempore or special master as provided in 3-5-116; (m)participation in a day reporting program provided for in 53-1-203; (n)participation in the 24/7 sobriety and drug monitoring program provided for in Title 44, chapter 4, part 12, for a violation of aggravated driving under the influence as defined in 61-8-1001, a violation of 61-8-1002, or a second or subsequent violation of any other statute that imposes a jail penalty of 6 months or more if the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime or for a violation of any statute involving domestic abuse or the abuse or neglect of a minor if the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime regardless of whether the charge or conviction was for a first, second, or subsequent violation of the statute; (o)participation in a restorative justice program approved by court order and payment of a participation fee of up to $150 for program expenses if the program agrees to accept the offender; (p)any other reasonable restrictions or conditions considered necessary for rehabilitation or for the protection of the victim or society; (q)with approval of the program and confirmation by the department of corrections that space is available, an order that the offender be placed in a residential treatment program; or. All decisions are by majority vote. Pardons in Montana are infrequently recommended by the Board and even less frequently granted. 46-23-307. Admin. The Supreme Court reversed the district court's judgment and sentencing order imposing a four-year suspended sentence for Defendant's convictions for criminal possession of dangerous drugs, holding that Defendant received ineffective assistance during the sentencing hearing. As amended in 2021, this provision now makes clear that an expungement under this section does not preclude petitioning for expungement under 46-18-1102. 46-23-301(3). SYLLABUS Once found guilty, either by a plea or a verdict, an individual is "convicted" for purposes of federal law. Three men sentenced in Judith Basin County for illegal possession of game. Swisses privileges are revoked for 35 years, and he cannot apply for special licenses for five years after that period. 1 Defendant Stormi Renea Wilkes (Wilkes) appeals the judgment of the Montana Third Judicial District Court, Deer Lodge County, sentencing her, upon jury verdict for felony possession of methamphetamine and misdemeanor possession of drug paraphernalia, to a net five-year suspended term of commitment to the Montana Department of Corrections (DOC) (6)(a)Except as provided in subsection (6)(b), in addition to any of the penalties, 1, Ch. 1, Ch. 404.305(b); (Your Reference Number S2D8b52ks) DATE: October 29, 2002. Sidney men sentenced for unlawful possession of game animals. Sec. Under the terms of the agreement, prosecutors will recommend he receive a deferred two-year sentence. domestic abuse or the abuse or neglect of a minor if the abuse of alcohol or dangerous He must pay $10,000 in restitution, $1,060 in surcharges and $1,000 in fines. judge may include the suspension of the license or driving privilege of the person ` - Examrs, 938 P.2d 625, 629 (Mont. Executive pardon removes all legal consequences of conviction, Mont. Sec. EligibilityD. Sec. Indiana Petition for Waiver of Reinstatement Fee, U.S. Code > Title 18 > Part II > Chapter 227 - Sentences, U.S. Code > Title 18 > Part II > Chapter 232 - Miscellaneous Sentencing Provisions, U.S. Code > Title 28 > Part III > Chapter 58 - United States Sentencing Commission, Connecticut General Statutes > Chapter 970 - Connecticut Sentencing Commission, Florida Statutes > Chapter 921 - Sentence, Florida Statutes > Chapter 922 - Execution, Indiana Code > Title 35 > Article 50 - Sentences, Iowa Code > Chapter 901B - Intermediate Criminal Sanctions, New York Laws > Criminal Procedure > Part 2 > Title L - Sentence, New York Laws > Penal > Part 2 - Sentences, North Carolina General Statutes > Chapter 164 > Article 4 - Sentencing Commission, North Carolina General Statutes > Chapter 7A > Article 61 - Sentencing Services Program, South Carolina Code > Title 24 > Chapter 28 - Sentencing Reform Oversight Committee, Texas Code of Criminal Procedure Chapter 42A - Community Supervision. For the two felony counts, Brien, Jr. received deferred impositions of sentence of six years. 46-23-104(1), 46-23-301(3). In addition, Baier must forfeit one mounted trophy mule deer buck, one mounted mountain lion, and any parts of two turkeys, paddlefish, elk calves, two whitetail does, a mountain lion and a mule deer buck. You Have a Deferred Imposition of Sentence You must follow these steps to get your conviction removed from your record. Sec. 322, L. 1979; amd. 515, L. 2007; amd. Prior to a plea agreement, Swisse was charged with two felonies and 11 misdemeanors in the case, including tampering with a witness (felony); license transfer by accountability; hunting while privileges are suspended; unlawful use of a vehicle to hunt or harass a game animal; failure to obtain landowner permission to hunt; and obstructing a peace officer. (r)any combination of the restrictions or conditions listed in this subsection (4). Sec. While this statute does not itself apply to license revocation proceedings, Expungement, Sealing & Other Record Relief, Criminal Record in Employment, Licensing & Housing, 50-State Essays: The Many Roads to Reintegration, I. 2, Ch. . or a plea of guilty or nolo contendere, a sentencing judge may impose a sentence that require payment of full restitution to the victim, as provided in 46-18-241 through 46-18-249, whether or not any part of the sentence is deferred or suspended. 95-2207 by Sec. Firearms rights are lost under state law only where the conviction involves use of a dangerous weapon. However, a plea agreement reduced the number of charges to 14. 463, L. 1989; amd. the charge or conviction was for a first, second, or subsequent violation of the statute; (o)participation in a restorative justice program approved by court order and payment 348, L. 2019; amd. 6, Ch. Sec. 374, L. 2013; amd. 449, L. 2005; amd. 1, Ch. Sec. 1, Ch. In recent months Montana Fish, Wildlife & Parks Region 7 Criminal Investigator Steve Marx has wrapped up several cases involving hunting violations committed in Montana. See alsohttps://dojmt.gov/enforcement/criminal-record-expungement-and-sealing(After July 1, 2017 CRISS will automatically remove all non-conviction arrest data perMCA 44-5-202and no Record Removal Form is required.). 1, Ch. Under 2015 changes to the system, if the Board declines to investigate or hold a hearing, the governor may direct it to do so. If they complete their required probation, community service, etc., their sentence will be dismissed. 579, L. 1993; amd. period of commitment time for a suspended or deferred imposition of sentence (probation); or an adult offender committed to the authority of the Department and required to be released by the District Court to community supervision upon sentencing or disposition (DOC probation). When a defendant is given a deferred sentence they actually aren't convicted of any and are instead in a state of limbo regarding their sentence. 12.1-32. Tune in to Catchin the Big Ones! Records in the case, presumably including court records, shall be confidential and accessible only by court order: After the charge is dismissed, all records and data relating to the charge are confidential criminal justice information, as defined in 44-5-103, and public access to the information may be obtained only by district court order upon good cause shown. IV, 4. (9)When imposing a sentence under this section that includes incarceration in a detention (9)When imposing a sentence under this section that includes incarceration in a detention facility or the state prison, as defined in 53-30-101, the court shall provide credit for time served by the offender before trial or sentencing. Sec. Code Ann. hbbd```b``/d7diL`,BDe'I+H"I~sd3L$ 0 @F Christopher Young: Misdemeanor driving under the influence . The Board has seven members. Code Ann. 436, L. 1977; amd. FirearmsII. 46-18-204 Dismissal after deferred imposition. the maximum sentence allowed or for a period of 6 months, whichever is greater, for Schallock, Sr. also posted bond on an obstructing a peace officer charge in Garfield County, Montana in exchange for dropping possession charges. 104, Ch. to community supervision and that any subsequent violation must be addressed as provided Richard Nolan Mairena, 23, improper passing - crowding overtaken vehicle, $85. Expungement, sealing & other record relief. was imposed, imposition of the sentence was deferred, or execution of the sentence Sec. ContactIII. In such cases, the sentencing court shall impose lifetime supervision as part of sentence imposed, for the purpose of restricting the persons right to purchase and possess firearms. 45-8-314(1). Cite this article: FindLaw.com - Montana Title 46. 2, Ch. 46-23-316. Comply with your sentence 2. DROVE IN VIOLATION OF RESTRICTIONS. 293, L. 1989; amd. 46-16-130, and for the establishment of a drug court program. Sec. https://dojmt.gov/enforcement/conviction-expungement-process/, https://dojmt.gov/enforcement/criminal-record-expungement-and-sealing, https://www.ncjrs.gov/pdffiles1/pr/195110.pdf, http://missoulian.com/news/state-and-regional/bill-to-restrict-montana-parole-board-s-power-over-clemency/article_e8c03e6e-25e9-55a0-a61c-111229c42897.html, http://www.greatfallstribune.com/story/news/politics/2014/08/03/lawmakers-considering-changes-pardon-parole-board/13536729/. B. deferred imposition of sentence; MONTANA CODE ANNOTATED- Section 46-18-204. An order deferring imposition of sentence must require that, 61 days after expiration or termination of probation: (a) the defendant's guilty plea be withdrawn, or the guilty verdict be set aside; (b) the case be dismissed; and (c) the file be sealed. 341, L. 1997; amd. 22, Ch. (Sent. (10)As used in this section, "dangerous drug" has the meaning provided in 50-32-101. On appeal, Defendant argued that she received ineffective assistance of counsel when her attorney, while arguing for a deferred sentence, failed to inform the district court of his authority to impose an alternative sentence under Mont. Governor Steve Bullock has granted only three full pardons since taking office in January 2013 while denying 81 (through the Board has recommended several others). Vote & public officeB. The Supreme Court reversed the sentence imposed on Defendant after she was convicted for criminal po You're all set! Justice Court - Sanders County Ledger 525, L. 1997; amd. In July 2017, Allan Baier, 72, reached a deferred prosecution agreement for felony unlawful possession, shipping or transport of game animals, and for three misdemeanor counts of nonresident license or permit offense. Hello, I had a deferred imposition of sentence for a criminal endangerment charge in Montana in 2004, this charge was deferred for 3 years. Brock Anthony Zygmond: 2020 criminal endangerment. Under a 1975 statute, a criminal conviction may not operate as an automatic bar to licensure for any occupation in the state of Montana, but may be grounds for denial or revocation of a license if 1) the conviction relates to the public health, welfare, and safety as it applies to the occupation for which the license is sought, and 2) the licensing agency finds, after investigation, that the applicant has not been sufficiently rehabilitated. Mont. However, pardon is not grounds for expungement. 6, Ch. 46-23-104(1), 46-23-301(3). 1997), its provisions may be incorporated by reference into particular licensing statutes, Ulrich v. State ex rel. Dismissal After Deferred Imposition Order Granting Motion to Withdraw Guilty Plea, Dismiss Case or Seal Record Order of Recusal and for a Substitute Judge Order Transferring Case to Substitute Judge (Justice Court) Order Transferring Case to Substitute Judge (Justice Court of Record) Order Transferring Case to Substitute Judge (City Court) Supreme Court of Montana. (8)If a felony sentence includes probation, the department of corrections shall supervise Sec. State v. Tomaskie, 157 P.3d 691, 693-694 (Mont. On August 28, 2017, Gary Brien, Jr. of Sidney, 45, was sentenced in Richland Countys Seventh Judicial District Court for two felony charges of unlawful possession of game animals and 12 misdemeanor game offenses. Driving under influence of alcohol or drugs - definitions. (r)any combination of the restrictions or conditions listed in this subsection (4). 483, L. 2007; amd. R. 20-25-901A(1) (Pardon is a declaration of record that an individual is to be relieved of all legal consequences of a prior conviction.). Sec. Mont. Sec. Sec. AdministrationC. 370, L. 1987; amd. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Privacy Rules 4.60. Board statistics can be found at the Boards website at, III. 46-18-201 et seq. Criminal Procedure 46-18-201. You can explore additional available newsletters here. Sec. 437, L. 2003; amd. On appeal, Defendant argued that the district court erred by sentencing her to a suspended sentence after determining that the State presented sufficient evidence to overcome the presumption in favor of a deferred sentence under Mont. Sec. 1, 4, Ch. (1) Upon the filing of a petition for revocation showing probable cause that the offender has violated any condition of a sentence, any condition of a deferred imposition of sentence, or any condition of supervision after release from imprisonment imposed pursuant to 45-5-503 (4), 45-5-507 (5), 45-5-601 (3), 45-5-602 (3), 45-5-603 (2) (b), or See Mont. History:En. Montana's law on selling or furnishing alcohol to minors. 1947, 95-2206(1), (2), (4); amd. (iii)The provisions of subsections (2)(b)(i)(A) and (2)(b)(i)(B) do not apply to violations of 45-6-301 if the amount of restitution ordered exceeds $50,000. The legislature finds that the process of licensure will be strengthened by instituting an effective mechanism for obtaining accurate public information regarding a license applicants criminal background. 196, L. 1967; R.C.M. 24, Ch. The court noted that Brien, Jr.s conduct has been repeated and deliberate over several years. Because Montana offenders regain civil rights when supervision ends, federal law firearms disabilities are generally coincident with state law firearms disabilities by virtue of 18 U.S.C. He had multiple charges of license transfer, hunting or killing over limit, hunting during closed season, unlawful taking of beaver, possession of unlawfully taken game birds, solicitation of a crime, and unlawful use of a motor vehicle while hunting. (5)In addition to any other penalties imposed, if a person has been found guilty You already receive all suggested Justia Opinion Summary Newsletters. %PDF-1.6 % According to Montana Fish, Wildlife & Parks Region 7 Criminal Investigator Steve Marx, five other individuals have been charged and convicted in connection with offenses committed by Brien, Jr. Code Ann. 1. Code Ann. The Supreme Court reversed the sentence imposed on Defendant after she was convicted for criminal possession of dangerous drugs (CPDD) and criminal possession of drug paraphernalia (CPDP), holding that the district court abused its discretion in sentencing Defendant. He was fined $805 and must pay restitution of $500 for illegally killing a mule deer buck. 564, L. 1991; amd. 272, L. 2003; amd. Code Ann. 321, L. 2017. (2)Whenever a person has been found guilty of an offense upon a verdict of guilty Code Ann. A licensing agency must give reasons for denying a license on grounds related to a felony conviction. Sec. art. All are appointed by the Governor, and serve effectively as volunteers. As amended in 2021, this provision now makes clear that an expungement under this section does not preclude petitioning for expungement under 46-18-1102. After records are sealed, they are not open to inspection except, upon order of the youth court, for good cause, including when a youth commits a new offense. A felony offender may not hold public office until final discharge from state supervision. Code Ann. B.) The Commission on the Courts of Limited Jurisdiction approved the forms and information in this bench book. 189, L. 1983; amd. Two Wisconsin men and one Montana man received deferred sentences in Judith Basin County Justice Court for multiple counts of illegal possession of wildlife (deer and elk) harvested in that county in the fall of 2016. 25, Ch. 1, Ch. A felony offender may not hold public office until final discharge from state supervision. Const. . 8, Ch. 258, L. 2003; amd. 2, Ch. of fines, costs, or restitution. 207, L. 1981; amd. When a record is sealed, all agencies other than the Department of Corrections must destroy records in their possession. of Med. Sec. JuryC. Full rights are automatically restored by termination of state supervision for any offense against the state. Mont. See Mont. On October 31, 2017, John Baier, 74, received a deferred sentence of six years for felony possession. Under Mont. Atty Gen. 384 (1988). Mont. 13, Ch. 46-18-201 et seq. KALISPELL, Mont. Misdemeanants may apply. Sealing is unavailable if a mandatory sentence applies, except in certain situations. See generally Mont. 309, L. 2013; amd. Sec. 1, Ch. However, the Montana Human Rights Commission takes the position that pre-employment inquiries regarding arrests raise suspicion of intent to unlawfully discriminate unless related to bona fide lawful affirmative action plan or inquiry is required for record-keeping purposes. Ellsworth did not appeal. Sec. 3, Ch. 5, Ch. An individual who has lost his firearms rights may apply to the district court for the county in which the person resides for a permit to purchase and possess one or more firearms, and shall show good cause for the possession of each firearm sought to be purchased and possessed. 45-8-314(2)(a). The state constitution does not provide for disqualification from jury service, but a statute does. 14 McDanold argues that, under 1999 amendments to 46-18-201, MCA, restitution may be imposed only . II, 28. (1) (a) Whenever a person has been found guilty of an offense upon a verdict of guilty or a plea of guilty or nolo contendere, a sentencing judge may defer imposition of sentence, except as otherwise specifically provided by statute, for a period: (i)not exceeding 1 year for a misdemeanor or for a period not exceeding 3 years for a felony; or. 1, Ch. Title 44, chapter 4, part 12, for a violation of 61-8-465, a second or subsequent violation of 61-8-401, 61-8-406, or 61-8-411, or a second or subsequent violation of any other statute that imposes a jail penalty The Supreme Court reversed the district court's judgment and sentencing order imposing a four-year s You're all set! The Supreme Court reversed the sentencing order and judgment issued by the district court imposing a four-year suspended sentence for Defendant's convictions for criminal possession of dangerous drugs, holding that Defendant received ineffective assistance during the sentencing hearing. The Supreme Court reversed the sentence imposed on Defendant after she was convicted for criminal possession of dangerous drugs and criminal possession of drug paraphernalia, holding that the district court erred. Pardon policy & practiceA. On January 3, 2018, co-defendant Derrick Nelson of Sidney, 34, received five years, suspended, for the same offense. Swisse must pay court costs and a fine of $2,500. 1, Ch. 18, Ch. BrvA (d5q30@, Aw5L-1cqb~sG Re/1~`U3 Q The sentences are to run concurrently. Admin. The sentence is to run consecutive to a sentence Nelson is serving in Richland County in a non-wildlife case. https://leg.mt.gov/content/Committees/Interim/2017-2018/Law-and-Justice/Committee-Topics/ljic-agency-oversight-executive-clemency-report-1984-2008.pdf. 1, Ch. (2)A copy of the order of dismissal must be sent to the prosecutor and the department of justice, accompanied by a form prepared by the department of justice and containing identifying information about the defendant. Following termination of the relevant time period, 46-18-204 authorizes the court to permit the defendant to withdraw a plea of guilty or nolo contendere or to strike the verdict of guilty from the record and order that the charge or charges against the defendant be dismissed. The investigation took about five years to conclude. (1) (a) Whenever a person has been found guilty of an offense upon a verdict of guilty or a plea of guilty or nolo contendere, a sentencing judge may defer imposition of sentence, except as otherwise specifically provided by statute, for a period: (i) not exceeding 1 year for a misdemeanor or for a period not exceeding 3 years for a felony; or 16-6-305. Sec. See also Mont. One of these cases dates back to 2010, and investigation and prosecution of game offenses can take years.
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