A. 
Whenever a law enforcement officer, who is empowered to make an arrest without a warrant for a Level A misdemeanor offense, has reasonable grounds to believe an immediate arrest is not necessary to preserve the public peace and safety, the officer may, in his or her discretion, issue the defendant a citation instead of taking the defendant into custody. Such citation, signed by the law enforcement officer, may be forwarded to the Tribal Prosecutor for consideration of filing a formal complaint.
B. 
The citation must contain:
(1) 
Court name and address;
(2) 
Name of defendant;
(a) 
Tribal affiliation; and
(b) 
Description of defendant and defendant's date of birth;
(3) 
Description of the offense charged, including the section of the Gun Lake Criminal Code allegedly violated;
(4) 
Date and location of offense; and
(5) 
Signature of the law enforcement officer that issued the citation.
C. 
One copy of the citation must be given to the defendant, one copy to the Tribal Court, and one copy to the Public Safety Department.
A. 
A "complaint" is a charging document issued by the Tribal Prosecutor, alleging that a crime has been committed by a specific individual.
B. 
The complaint must contain the:
(1) 
Court name and address;
(2) 
Name of defendant;
(a) 
Tribal affiliation;
(b) 
Description of defendant and defendant's date of birth;
(3) 
Description of the offense charged, including the section of the Gun Lake Criminal Code allegedly violated;
(4) 
Date and location of the offense; and
(5) 
Signature of the Tribal Prosecutor.
C. 
Upon the preparation and signing of a complaint, the Tribal Prosecutor will file the complaint with the Tribal Court.
No offense will be prosecuted under this chapter unless the complaint is filed within the applicable time frame listed below.
A. 
Misdemeanor offenses.
(1) 
Level A misdemeanor. The complaint must be filed within one year of the offense being reported.
(2) 
Level B misdemeanor. The complaint must be filed within two years of the offense being reported.
B. 
Felony offenses. The complaint must be filed within five years of the offense being reported, except for the following:
(1) 
The complaint must be filed within 10 years of the offense being reported, or on the victim's 21st birthday, whichever is later, when the offense is:
(a) 
Child sexually abusive activity or possession of child sexually abusive material;
(b) 
First-degree criminal sexual conduct;
(c) 
Second-degree criminal sexual conduct;
(d) 
Third-degree criminal sexual conduct;
(e) 
Fourth-degree criminal sexual conduct; or
(f) 
Assault with intent to commit criminal sexual conduct.
(2) 
The complaint can be filed any time, with no deadline, when the offense is:
(a) 
Murder;
(b) 
Kidnapping;
(c) 
Solicitation to commit murder;
(d) 
Conspiracy to commit murder; or
(e) 
Terrorism.