In MT is it legal to punish a person before they go to trial

UPDATED: Sep 30, 2022

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In MT is it legal to punish a person before they go to trial

In this State, they force those charged not convicted to attend alcohol and drug testing, pay a monthly fine, attend counseling, etc before the omnibus hearing or the court date. Isn’t this punishing a person before they have a fair trial?

Asked on July 7, 2016 under Criminal Law, Montana


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It depends on how the conditions are being imposed.  Generally, a person is innocent until proven guilty.  Only after a person is found guilty can they be punished for an offense.
However, a court can impose reasonable conditions of bond and pre-trial release.  As long as the conditions are reasonable, they court can require things, like drug testing and bond payments.  If a person does not believe that the conditions of their release are reasonable, then a defendant can contest the impossion of those conditions.

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