[Adopted 12-20-1996 by Ord. No. 96-29]
A. 
Any criminal complaint charging an individual with the commission of an offense shall be filed within 60 days from the date on which such individual was arrested or served with a citation or summons in connection with such charges.
B. 
In any case in which a plea of not guilty is entered, the trial of the defendant charged in any criminal complaint with the commission of an offense shall commence 70 days from the filing date of the criminal complaint or issuance of the citation or summons or from the date the defendant has appeared before a Judge of the Menominee Tribal Court, whichever date last occurs.
C. 
In any case where a traffic citation has been issued, the trial of the defendant charged with the commission of the traffic offense shall commence within 60 days of issuance of citation.
D. 
The following periods of delay shall be excluded in computing the time within which the criminal complaint must be filed or in computing the time within which the trial of any such offense must commence:
(1) 
Any period of delay resulting from other proceedings concerning the defendant, including but not limited to
(a) 
Delay resulting from any proceeding, including any examinations, to determine the mental competency or physical capacity of the defendant.
(b) 
Delay resulting from trial with respect to other charges against the defendant.
(c) 
Delay resulting from interlocutory appeal.
(d) 
Delay resulting from any pretrial motion, from the filing of the motion through the conclusion of the hearing on or other prompt disposition of such motion.
(e) 
Delay resulting from consideration by the Court of a proposed plea agreement to be entered into by the defendant and the attorney for the Tribe.
(2) 
Any period of delay resulting from the absence or unavailability of the defendant.
(3) 
Any period of delay resulting from a continuance granted by any Judge on his own motion or at the request of the defendant or his counsel or at the request of the attorney for the government, if the Judge granted such continuance on the basis of his findings that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial.
E. 
Violation of Subsection A, B or C of this section shall result in the dismissal of such charge against that individual contained in such criminal complaint or citation upon motion of the defendant. The defendant shall have the burden of proof of supporting such motion, but the Tribe shall have the burden of going forward with the evidence in connection with any exclusion of time under Subsection D of this section. In determining whether to dismiss the case with or without prejudice, the Court shall consider, among others, each of the following factors: the seriousness of the offense and the facts and circumstances of the case which led to the dismissal.
A. 
Except as provided in Subsection B of this section, prosecution for a traffic offense shall be commenced within nine months after the commission thereof, and prosecution for all other offenses shall be commenced within three years after the commission thereof. Within the meaning of this section a prosecution is commenced when a citation, warrant or summons is issued, or the person is arrested, or a criminal complaint is filed.
[Amended 1-5-2012 by Ord. No. 11-32]
B. 
Notwithstanding that the time limitation under Subsection A of this section has expired:
(1) 
A prosecution for theft against one who obtained possession of property lawfully and subsequently deemed misappropriated may be commenced within one year after the discovery of the loss by the aggrieved party, but in no case shall this provision extend the time limitation in Subsection A by more than five years.
(2) 
A prosecution for a crime where the victim is a minor may be commenced at any time prior to the victim of the crime reaching the age of 25 years.
C. 
In computing the time limited by this section, the time during which the person was not publicly a resident of the Menominee Reservation or during which a prosecution against the person for the same act was pending shall not be included. A prosecution is pending when a warrant, summons, or citation has been issued, an indictment has been found, or an information or criminal complaint has been filed.