A. 
Arraignment is the bringing of an accused before the Tribal Court to inform him of his rights and of the charge against him, to receive his plea, and to set conditions of pretrial release as appropriate in accordance with this chapter.
B. 
Arraignment shall be held in open Tribal Court without unnecessary delay after the accused is taken into custody, and in no instance shall arraignment be later than seventy-two (72) hours after arrest.
C. 
Before an accused is required to plead to any criminal charges, the Tribal Court Judge shall:
(1) 
Read to the accused, and provide the accused with a copy of, the complaint and determine that the accused understands the complaint and the section of the Code which he is charged with violating, including the maximum authorized penalty; and
(2) 
Advise the accused that he has the right to remain silent, to have a speedy and public trial where he will be confronted with witnesses against him after he has had sufficient time to prepare his defense if he pleads "not guilty," to be tried by a jury if the offense charged is punishable by imprisonment, and to be represented by counsel, at his own expense, before he pleads to the charge.
D. 
If the arrest was without a warrant, in order for the accused to be continued in custody the Tribal Court Judge shall determine during arrangement whether there is probable cause to believe that an offense against tribal law has been committed by the accused.
E. 
At arraignment, the Tribal Court Judge shall call upon the accused to plead to the charge and proceed as follows:
(1) 
If the accused pleads "not guilty" to the charge, the Tribal Court Judge shall set a trial date and consider conditions for release prior to trial as provided in § 8.8.-13.
(2) 
If the accused pleads "guilty" or "no contest" to the charge, the Tribal Court Judge shall accept the plea only if the Tribal Court Judge is satisfied that the plea is made voluntarily and the accused understands the consequences of the plea, including the rights he is waiving by the plea. The Tribal Court Judge may then impose sentence or defer sentencing for a reasonable time, not to exceed thirty (30) days, in order to obtain any information the Tribal Court Judge deems necessary for the imposition of a just sentence. The accused shall be afforded an opportunity to be heard by the Tribal Court prior to sentencing.
(3) 
If the accused refuses to plead, the Tribal Court Judge shall enter a plea of "not guilty" on his behalf.
A. 
At arraignment, the Tribal Court Judge shall decide whether to release the defendant from custody pending sentencing or trial. As conditions of release, the Tribal Court Judge may, to assure the accused's appearance at all times lawfully required, order any or all of the following:
(1) 
That the accused deposit cash or other sufficient collateral, in an amount specified by the Tribal Court Judge.
(2) 
That the accused, and/or any other designated person or organization satisfactory to the Tribal Court Judge, execute a written promise to appear or to deliver the accused at all required times.
(3) 
Reasonable restrictions on the travel, association or place of residence of the accused.
(4) 
Any other condition reasonably necessary to assure the appearance of the accused as required.
B. 
Any police officer authorized to do so by the Tribal Court may admit an arrested person to bail pending trial pursuant to a bail schedule and conditions prepared and approved by the Tribal Court.
C. 
The Tribal Court may revoke release of any defendant and order the defendant committed at any time if it determines that the conditions of release will not reasonably assure the appearance of the defendant or if any conditions of release have been violated.
The Tribal Court may, in its discretion, allow a defendant to withdraw a plea of guilty or a plea of no contest if it appears that the interest of justice and fairness would be served by doing so.