A. 
"Arraignment" is the bringing of a defendant before the Tribal Court to inform the defendant of the charges, advise the defendant of his or her rights, and take the defendant's plea. At arraignment, the Tribal Court will also set conditions of pretrial release as appropriate in accordance with this chapter.
B. 
Arraignment will be held in open Tribal Court without unnecessary delay after the defendant is taken into custody, and in no instance will arraignment be later than 72 hours after arrest. If the defendant is not in custody, the arraignment must take place within 14 days.
C. 
If the arrest was without a warrant, the Tribal Court Judge must determine during arraignment whether there is probable cause to believe that an offense against tribal law has been committed by the defendant.
D. 
Before a defendant is required to plead to any criminal charges, the Tribal Court Judge must:
(1) 
Read to the defendant, and provide the defendant with a copy of, the complaint and determine that the defendant understands the complaint and the section of the Tribe's Criminal Code he or she is charged with violating, including the maximum authorized penalty; and
(2) 
Advise the defendant that he/she has the right to:
(a) 
Remain silent;
(b) 
Have a speedy and public trial;
(c) 
Have witnesses testify on his or her behalf and the right to cross-examine the Prosecutor's witnesses;
(d) 
Be tried by a jury if the Prosecutor is seeking incarceration upon conviction; and
(e) 
Be represented by counsel, at his/her own expense.
E. 
At arraignment, the Tribal Court Judge will call upon the defendant to plead to the charge and proceed as follows:
(1) 
If the defendant pleads "not guilty" to the charge, the Tribal Court Judge will set a pretrial conference date and consider conditions for release prior to trial as provided in Article IV, § 8.3-14 of this chapter.
(2) 
If the defendant pleads "guilty" or "no contest" to the charge, the Tribal Court Judge will accept the plea only if the Tribal Court Judge is satisfied that the plea is made voluntarily and the defendant understands the consequences of the plea, including the rights he or she is waiving by the plea. In addition, for a plea of no contest, the Tribal Court Judge must be satisfied upon a reading of the police report that there is an actual basis for accepting the plea. The Tribal Court Judge may then impose sentence or defer sentencing for a reasonable time not to exceed 30 days in order to obtain any information the Tribal Court Judge deems necessary for the imposition of a just sentence. The defendant must be afforded an opportunity to be heard by the Tribal Court prior to sentencing.
(3) 
If the defendant refuses to offer a plea, the Tribal Court Judge must enter a plea of "not guilty" on his/her behalf.
A. 
At arraignment, the Tribal Court Judge will decide whether to release the defendant from custody, pending sentencing or trial. As conditions of release, the Tribal Court Judge may, to assure the defendant's appearance at all times lawfully required, order any or all of the following:
(1) 
That the defendant deposit cash or other sufficient collateral, in an amount specified by the Tribal Court Judge; or
(2) 
That the defendant, and/or any other designated person or organization satisfactory to the Tribal Court Judge, execute a written promise to appear or to deliver the defendant at all required times; or
(3) 
Reasonable restrictions on the travel, association or place of residence of the defendant; or
(4) 
Any other condition reasonably necessary to assure the appearance of the defendant as required.
B. 
Any law enforcement officer authorized to do so by the Tribal Court may release an arrested person on bond pending trial pursuant to a bond schedule and conditions prepared and approved by the Tribal Court.
C. 
The Tribal Court may deny or 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 or if the protection of the public requires the denial of bond.
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 justice and fairness would be served by doing so.