§ 18-9. Right of accused to know charge, plead, have counsel, fair trial.

(a)

Every person charged with an offense, before being put upon trial, shall be informed by affidavit in writing, made by some responsible person, of the nature and cause of the accusation, which, on arraignment, shall be read to the accused in open court, and opportunity given for the entering of such plea thereto as he may voluntarily wish or elect to do.

(b)

Every person accused shall have the privilege of defending himself, by counsel or by himself, or both, as to him may seem proper; and no one shall be fined or punished without opportunity of being heard in his defense.

(c)

On a plea of "not guilty" being entered, the court shall proceed with the trial of the cause, unless for reasons the cause be continued as provided in section 18-10. On the trial the accused shall be confronted by the witnesses against him and shall have the privilege of cross examination, and shall have compulsory process for obtaining witnesses in his own behalf before and during the progress of the trial.

State law reference

Appointment of public defenders, MCA 1972, § 21-23-7.