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

Answers:

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

Answered 4 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.
 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.