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Montana Motion to Revoke Bond When Charged with First Degree Felony
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A deferred sentence is a way you avoid a conviction on your record. It requires you to plead guilty or no contest to the charges and pay the fine and costs; however, the conviction does not enter upon your record. Deferred sentences are deferred for a period up to twelve (12) months.
46-9-505. Issuance of arrest warrant -- redetermining bail -- definition. (1) Upon failure to comply with any condition of a bail or recognizance, the court having jurisdiction at the time of the failure may, in addition to any other action provided by law, issue a warrant for the arrest of the person.
A deferred sentence is a sentence that is suspended until after a defendant has completed a period of probation.
The probation officer files a Report of Violation and the prosecutor then files a Petition to Revoke, seeking to take away the defendant's deferred or suspended sentence to impose a new sentence, such as a commitment to the Department of Corrections or imprisonment in the Montana State Prison.
If a judge revokes the suspension, then the convicted person will spend the remainder of his or her sentence in jail or prison. Unlike in a deferred sentence, the person does get "credit" for time already spent in probation.
If the person violates the terms of their bond, a bond revocation is a change in the court order that confines them to jail until their trial date.
Revocation of suspended or deferred sentence. (1) Upon the filing of a petition for revocation showing probable cause that the defendant has violated any condition of a sentence or any condition of a deferred imposition of sentence, the court may issue an order for a hearing on revocation.