Bail

The amount of bail which the judge may fix is within his sound legal discretion, and is always to be a reasonable amount.  State v. McLeod, 131 Mont. 478, 490, 311 P.2d 400, 407 (1957).

That bail may not be excessive is a fundamental, constitutional principle.  U.S. Const. Amend. VIII; Art. II, § 22, Mont. Const.  To insure that bail is not excessive, the Montana courts are constrained in setting bail by the [twelve] factors listed in § 46-9-301, MCA.  Within these restrictions, the amount of bail is left to the sound discretion of the trial court and will be upheld if reasonable.  Billings v. Layzell, 242 Mont. 145, 149, 789 P.2d 221, 223 (1990).

The appropriate standard of review when considering the denial of an application for bail pending appeal is whether the district court abused its discretion in denying the application.  Absent such abuse, this Court will not interfere.  Moore v. McCormick, 260 Mont. 305, 306, 858 P.2d 1254, 1255 (1993).