MONTANA JUVENILE COURT ATTORNEY

Juvenile Court Jurisdiction

Jurisdiction over persons under 18 years old when crime was committed; however, no jurisdiction over a person 21+ years old regardless of age at time of commission of crime. ( 41-5-203(1)).

Prosecution may file a motion in adult court seeking leave to charge a juvenile in adult court where defendant was 12+ years old at time of conduct and is accused of a violent felony listed at 41-5-206(1)(a)(i)-(v); or, defendant was 16+ at time of conduct and is accused of a serious felony listed in 41-5-206(1)(b)(i)-(xv).

Prosecutor must file a motion in adult court seeking leave to charge the case in adult court if the defendant was 17+ at time of conduct and is accused of any of the crimes listed in 41-5-206(1). ( 41-5-206(2)).

Court shall grant leave to file in adult court if probable cause exists as to an offense enumerated in 41-5-206(1). However, court then must hold a hearing to determine if the case should be transferred to juvenile court. If court finds by a preponderance that the factors listed at 41-5-206(3) are true, case may be transferred to juvenile court. ( 41-5-206(3)).

Other Montana State Statutes