CHAPTER 415

PLEA AGREEMENTS

415.01                         Plea Discussions

In cases in which it appears that it would serve the interest of the public in the effective administration of criminal justice, the prosecutor is authorized to engage in plea discussions for the purpose of reaching a plea agreement. The prosecutor shall be guided by the following principles set forth in Section 415.02 as to the appropriateness of plea discussions in any particular case.

415.02                         Responsibility of the Court 

If a plea agreement has been reached which contemplates entry of a plea of guilty, the trial judge shall require the disclosure of the agreement to him/her and the reasons for the agreement. The trial judge shall reject or accept the plea of guilty by the following principles considering the appropriations of accepting any plea agreement:

      a)              The plea agreement is in the interest of the public in the effective administration of                         justice.

      b)              The plea agreement insures the prompt application of correctional measures to the                         defendant.

      c)              The defendant acknowledges his guilt and shows a willingness to assume responsibility for his behavior.

      d)              The plea agreement provides for alternative correctional measures which are better                         adapted to achieving rehabilitative treatment.

      e)              The defendant has made a trial unnecessary when there are good reasons for not                         having a trial.

      f)               The defendant is cooperative which may result in the successful prosecution of                         other offenders engaged in serious criminal conduct.

415.03                         Plea Agreement 

As part of a plea agreement, the Court in its discretion, may withhold adjudication of the charges up to three (3) years subject to any conditions imposed by the Court or by the plea agreement. If all the conditions for the stay of adjudication are met, then the charges shall be dismissed.

(Section 415.03 added to the Tribal Code by Resolution No. 292-93, dated September 14, 1993)