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.
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.
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
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.
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.
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.
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.
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:
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.
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.
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.