What is the difference between a summary offense and an indictable offense?
In Montana, indictable offenses are the most serious offenses, while summary offenses are the least serious. Indictable offenses are felonies and misdemeanors, and can include things like homicide, aggravated assault, rape, and robbery. These offenses require a grand jury indictment, a jury trial, and can carry a punishment of more than one year in jail. Summary offenses are minor infractions, such as trespassing, disorderly conduct, petty theft, and minor drug possession. These offenses do not require a grand jury indictment and the punishment is usually less than one year in jail. Summary offenses are heard in a lower court and are tried by a judge, not a jury. Overall, the main difference between the two types of offenses is the severity. Summary offenses are relatively minor and involve smaller punishments, while indictable offenses are more serious. Therefore, people accused of an indictable offense are often afforded more rights than those accused of a summary offense.
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