CHAPTER 404

ARRAIGNMENT AND RELEASE

404.01                         Arraignment

Subdivision 1.            Definition. Arraignment is the bringing of an accused before the Court to inform him/her of his/her rights, to inform him/her of the nature of the charge against him/her, to receive his/her plea to the charge and to set conditions of pre-trial release as appropriate under the circumstances.

Subdivision 2.            Procedure of Arraignment.     Arraignment shall be held in open court without unnecessary delay after the defendant is taken into custody and in no instance shall arraignment be later than the next session of court.

Subdivision 3.            Furnishing Complaint.            When a defendant arrested with or without a warrant or served with a summons appears initially before a judge of the Court, the defendant shall be advised of the nature of the charge against him/her. The defendant shall also be furnished with a copy of the complaint, if he has not previously received a complaint.

Subdivision 4.            Duties of Judge.          Before the defendant is required to plead to any criminal charge, the Judge shall:

      a)              read the complaint to the defendant and determine that the defendant understands                         the complaint and the section of the Tribal Code which the defendant is charged                         with violating, including the maximum authorized penalty; and

      b)              advise the defendant that he has the right:

                        1)        to remain silent and that anything he does say may be used against him/her in this or in any subsequent proceedings;

                        2)        that he has a right to counsel, at his own expense, in all subsequent proceedings; and if he/she cannot afford the services of counsel then one will be appointed for him/her.

                        3)        that he has a right to talk with his counsel and a continuance will be granted if necessary to enable the defendant to obtain or speak to his counsel;

                        4)        that he has a right to a jury trial or a trial by the Court.

Subdivision 5.            Arrest Without a Warrant.      If the arrest was without a warrant and the defendant is to be continued in custody, the judge shall, at the arraignment, make a determination whether there is probable cause to believe that an offense has been committed by the named defendant.

Subdivision 6.            Plea.    When a valid complaint has been made and filed, the judge shall call upon the defendant to plead or be given time to plead.

Subdivision 7.            Not Guilty Plea.          If the defendant enters a plea of not guilty to a charge, the defendant shall be asked whether he wishes a jury trial or whether he wishes to waive a jury trial. If the defendant fails to waive or demand a jury trial, a jury trial shall be granted. The judge shall then set a trial date and consider conditions for release prior to trial as provided in Section 404.02.

Subdivision 8.            Guilty Plea.     If the defendant enters a plea of guilty, the judge shall accept the plea only if he is satisfied that the plea is made voluntarily and the defendant understands the consequences of the plea. The judge may then impose sentence or defer sentencing for a reasonable time in order to obtain and consider any information that he deems necessary for the imposition of a just sentence. The defendant shall be given an opportunity to be heard by the Court prior to sentencing. There shall be no right of appeal from a sentence imposed following a plea of guilty.

Subdivision 9.            Refusal to Plead.         If the defendant refuses to plead, the Court shall enter a plea of not guilty on his behalf.

Subdivision 10.          Plea withdrawal.         The Court shall allow a defendant to withdraw his plea of guilty is it appears that the interest of justice and fairness would be served by doing so.

404.02                         Release by Judge

At the arraignment, the judge shall decide whether or not to release the defendant from custody pending trial. The defendant shall be ordered released pending trial or hearing on his own personal recognizance, or on the deposit of cash or on acceptable appearance bond in a specified amount, unless the judge determines, in the exercise of his discretion, that a release of the defendant will be immiscible to the public safety or will not reasonably assure the appearance of the defendant as required. In addition to the foregoing, the judge may also order, as a condition of release, any of the following conditions:

      a)              Impose reasonable restrictions on the travel, association or place of residence of                         the defendant;

      b)              Impose any other condition deemed reasonably necessary to assure the appearance                         of the defendant as required.

404.03                         Release by Law Enforcement Officer

Any law enforcement officer may admit an arrested person to bail pending trial pursuant to a bail schedule and conditions prepared by the Court.

404.04                         Revocation of Release

The Court may revoke its release of the defendant and order him/her committed at any time when it determines that the conditions of release will not reasonably assure the appearance of the defendant or if any conditions of the release have been violated.