Lake Court of Indian Offenses
Code – “Revisions July 25, 2001”
Chapters 400 through 416 inclusive, govern the procedure in prosecutions for all crimes in the Red Lake Court of Indian Offenses.
The following terms shall have the following meanings for purposes of Chapters 400 through 415.
Subdivision 1. Court. Court shall mean the Red Lake Court of Indian Offenses.
Subdivision 2. Judge. Judge shall mean one of the Judges of the Red Lake Court of Indian Offenses.
Subdivision 3. Clerk of Court. Clerk of Court shall mean the Clerk of Court, his deputy, assistants and employees of the Red Lake Court of Indian Offenses.
Subdivision 4. Counsel. Counsel shall mean any person who is licensed by the Red Lake Tribal Council to represent individuals before the Red Lake Court of Indian Offenses.
A complaint is a written statement of the essential facts constituting the criminal offense charged. All criminal prosecutions shall be commenced by a complaint filed with the Clerk of Court, and sworn to by a person having personal knowledge, including police officers and/or criminal investigators, of the criminal offense unless provided otherwise herein.
(Section 401.01 amended to the Tribal Code by Resolution No. 292-93, dated September 14, 1993)
Complaints shall contain the following information:
a) The complaint shall be in writing and shall be made upon oath before a judge of the Court; and
b) The complaint shall contain the signature of the complaining witness or witnesses; and
c) The complaint shall set forth in ordinary language the facts establishing probable cause to believe that an offense has been committed and that the defendant committed the offense; and
d) The complaint shall include the time and place of the occurrence of the criminal offense; and
e) The complaint shall not be filed nor process issued thereon without the written approval, signed on the complaint, by the prosecutor who is authorized to prosecute the offense charged; except, a judge of the Court may sign the complaint if the judge certifies on the complaint that the prosecutor is unavailable and the filing of the complaint and issuance of process thereon should not be delayed.
No prosecution for an offense under the Criminal Code shall be maintained unless the complaint is filed within three (3) years after the commission of a misdemeanor offense and six (6) years after the commission of a gross misdemeanor offense, unless a different time limitation is set forth in this code. The time period during which an accused is outside of jurisdiction of the Court, for whatever reason, shall not be included in the computation of the time limit.
Subdivision 1. An arrest is the taking of a person into police custody in order that the person may be held to answer for a criminal offense.
Subdivision 2. No law enforcement officer shall arrest any person for a criminal offense unless:
a) A judge has signed a Warrant commanding the arrest of such person, and the arresting officer has the warrant in his possession or knows for a certainty that such a warrant has been issued; or
b) The offense shall occur in the presence of the arresting officer; and
c) The arresting officer shall have probable cause to believe that the person arrested committed the offense and the arresting officer does not have a reasonable opportunity to obtain an arrest warrant.
Upon arrest the Defendant shall be advised immediately of the following rights:
a) That he has the right to remain silent;
b) That any statement made by him/her may be used against him/her in court;
c) That he has the right to counsel at his own expense; and if he can't afford to pay for the services of counsel then one will be appointed;
d) That he has the right to make at least one completed telephone call immediately after being registered and identified at the jail, or sooner if there is an unreasonable delay in taking the accused to jail or in processing at the jail.
Subdivision 1. A warrant of arrest is an order in writing signed by a judge of the Court directing or commanding the arrest of the defendant. A judge of the Court shall have the authority to issue and shall issue warrants to arrest if the judge finds, from the written facts set forth in the complaint, that there is probable cause to believe that an offense has been committed and that the defendant committed the offense. A warrant for the arrest of the defendant shall be issued to the Red Lake Police Department.
Subdivision 2. The arrest warrant shall contain the following information:
a) Name or description and address, if known, of the person to be arrested; and
b) Date of issuance of the warrant; and
c) Description of the offense charged; and
d) Signature of the issuing judge.
Subdivision 3. The warrant shall be executed for the arrest of the defendant to secure the defendant's prompt appearance before the Court.
Subdivision 4. The warrant may be executed at any place within the boundaries of the Red Lake Indian Reservation.
Subdivision 1. A law enforcement officer or a judge, in lieu of a warrant, may issue a summons which shall command the accused to appear before the Court at a stated time and place for the purpose of answering the charge. If the offense is punishable by a fine only, the Clerk or Deputy Clerk of Court may also issue the summons. When the offense is punishable by a fine only, in petty misdemeanor and misdemeanor cases, a summons shall be issued in lieu of a warrant. In all other petty misdemeanor and misdemeanor cases, a summons shall be issued rather than a warrant unless it reasonably appears that there is a substantial likelihood that the defendant will fail to respond to a summons. If a defendant fails to appear in response to a summons, a warrant shall be issued.
Subdivision 2. The summons shall contain the following information:
a) The summons shall contain the same information as a warrant, except that it may be signed by a police officer; and
b) The summons shall state that if a defendant fails to appear in response to a summons, a warrant for arrest shall be issued.
Subdivision 3. The summons may be served at any place within the Red Lake Reservation. Discretion shall be used by the police officers when serving a summons at a public place to avoid any embarrassment to the accused.
A search warrant is a written order signed by a judge directing a law enforcement officer to conduct a search and seize the property specified in the warrant. The warrant shall describe the person, property or place to be searched and shall describe the property to be seized.
A search warrant shall be issued only by a judge and only upon probable cause that a search will discover:
a) stolen, embezzled, contraband or otherwise unlawfully possessed property;
b) Property which has been or is being used to commit a criminal offense;
c) property which constitutes evidence of the commission of a criminal offense;
d) any person avoiding apprehension for violation of or in the process of violating any provisions of the tribal code.
Probable cause shall be supported by a sworn written statement of sworn oral testimony. Warrants shall be served only by authorized police officers.
(Section 403.02 amended to Tribal Code by Resolution No. 205-90, dated September 11, 1990)
The executing officer shall return the warrant to the Court within the time limit shown on the face of the warrant, which in no case shall be longer than ten (10) days from the date of issuance. Warrants not returned within such time limits shall be void. The warrant shall be served within such time limits or shall be void. The warrant shall be served between 7:00 a.m. and 9:00 p.m., unless the judge, upon a showing of good cause therefore, inserts a direction that it be served at some other time.
No police officer shall conduct any search without a valid warrant except:
a) when he is making a lawful arrest; or
b) with the voluntary consent of the person being searched or person entitled to possession of property being searched; or
c) when the search is of a moving vehicle and the officer has probable cause to believe that it contains contraband, stolen property, or property otherwise unlawfully possessed.
Subdivision 1. The officer serving and executing a warrant shall make an inventory of all property seized and a copy of this inventory shall be left with every person from whom property is seized.
Subdivision 2. A hearing shall be held by the Court to determine the disposition of all property seized by the police. Upon satisfactory proof of ownership, the property shall be delivered immediately to the owner, unless the property is contraband or is to used as evidence in a pending case. Property seized as evidence shall be returned to the owner after the final judgement. Property confiscated as contraband shall be destroyed or otherwise lawfully disposed of as provided by law.
The Court shall prohibit the introduction or use at trial of any evidence seized in a search conducted in violation of Section 403.04 and may, in addition, recommend to the chief law enforcement officer of the reservation any appropriate disciplinary actions against the police officer conducting the unlawful search.
Subdivision 1. Definition. Arraignment is the bringing of an accused before the Court to inform him/her of his/her rights, to inform him/her of the nature of the charge against him/her, to receive his/her plea to the charge and to set conditions of pre-trial release as appropriate under the circumstances.
Subdivision 2. Procedure of Arraignment. Arraignment shall be held in open court without unnecessary delay after the defendant is taken into custody and in no instance shall arraignment be later than the next session of court.
Subdivision 3. Furnishing Complaint. When a defendant arrested with or without a warrant or served with a summons appears initially before a judge of the Court, the defendant shall be advised of the nature of the charge against him/her. The defendant shall also be furnished with a copy of the complaint, if he has not previously received a complaint.
Subdivision 4. Duties of Judge. Before the defendant is required to plead to any criminal charge, the Judge shall:
a) read the complaint to the defendant and determine that the defendant understands the complaint and the section of the Tribal Code which the defendant is charged with violating, including the maximum authorized penalty; and
b) advise the defendant that he has the right:
1) to remain silent and that anything he does say may be used against him/her in this or in any subsequent proceedings;
2) that he has a right to counsel, at his own expense, in all subsequent proceedings; and if he/she cannot afford the services of counsel then one will be appointed for him/her.
3) that he has a right to talk with his counsel and a continuance will be granted if necessary to enable the defendant to obtain or speak to his counsel;
4) that he has a right to a jury trial or a trial by the Court.
Subdivision 5. Arrest Without a Warrant. If the arrest was without a warrant and the defendant is to be continued in custody, the judge shall, at the arraignment, make a determination whether there is probable cause to believe that an offense has been committed by the named defendant.
Subdivision 6. Plea. When a valid complaint has been made and filed, the judge shall call upon the defendant to plead or be given time to plead.
Subdivision 7. Not Guilty Plea. If the defendant enters a plea of not guilty to a charge, the defendant shall be asked whether he wishes a jury trial or whether he wishes to waive a jury trial. If the defendant fails to waive or demand a jury trial, a jury trial shall be granted. The judge shall then set a trial date and consider conditions for release prior to trial as provided in Section 404.02.
Subdivision 8. Guilty Plea. If the defendant enters a plea of guilty, the judge shall accept the plea only if he is satisfied that the plea is made voluntarily and the defendant understands the consequences of the plea. The judge may then impose sentence or defer sentencing for a reasonable time in order to obtain and consider any information that he deems necessary for the imposition of a just sentence. The defendant shall be given an opportunity to be heard by the Court prior to sentencing. There shall be no right of appeal from a sentence imposed following a plea of guilty.
Subdivision 9. Refusal to Plead. If the defendant refuses to plead, the Court shall enter a plea of not guilty on his behalf.
Subdivision 10. Plea withdrawal. The Court shall allow a defendant to withdraw his plea of guilty is it appears that the interest of justice and fairness would be served by doing so.
At the arraignment, the judge shall decide whether or not to release the defendant from custody pending trial. The defendant shall be ordered released pending trial or hearing on his own personal recognizance, or on the deposit of cash or on acceptable appearance bond in a specified amount, unless the judge determines, in the exercise of his discretion, that a release of the defendant will be immiscible to the public safety or will not reasonably assure the appearance of the defendant as required. In addition to the foregoing, the judge may also order, as a condition of release, any of the following conditions:
a) Impose reasonable restrictions on the travel, association or place of residence of the defendant;
b) Impose any other condition deemed reasonably necessary to assure the appearance of the defendant as required.
Any law enforcement officer may admit an arrested person to bail pending trial pursuant to a bail schedule and conditions prepared by the Court.
The Court may revoke its release of the defendant and order him/her committed at any time when it determines that the conditions of release will not reasonably assure the appearance of the defendant or if any conditions of the release have been violated.
In any case where a jury trial is to be held, when the prosecution has:
a) Any evidence against the defendant obtained as a result of a search, search and seizure, wiretapping or any form of electronic or mechanical eavesdropping; or
b) Any confessions, admissions or statements in the nature of confessions made by the defendant; or
c) Any evidence against the defendant discovered as a result of confessions, admissions or statements in the nature of confessions made by the defendant;
The prosecutor shall
defendant or his counsel of such evidence in writing.
The notice shall be given at least seven (7) days before the
trial is to be held.
Subdivision 1. Notice. After the notice provided in 405.01 has been given and prior to the date set for trial, the defendant and the prosecution shall each either waive or demand a hearing on the admissibility at trial of any of the evidence specified in the notice given by the prosecutor.
Subdivision 2. Hearing. The hearing date shall be held any time before the trial and out of the hearing of any jury. It may be held on the day of the trial prior to impanelling of the jury.
Subdivision 1. Conduct of Hearing. The court shall hear and determine any of the issues of evidence that were raised by the demand for hearing and shall determine the issues upon such evidence as is offered by the prosecution or defense.
Subdivision 2. Right of Cross Examination. In any such hearing, the defendant and the prosecution may cross-examine the other's witnesses.
Subdivision 3. Motion to be Heard. At the hearing, the Court shall also hear and determine all motions made by the defendant or prosecution, including a motion that there is an insufficient showing of probable cause to believe that the defendant committed the offense charged in the complaint and the Court shall receive such evidence as may be offered in support of opposition to the motion.
Subdivision 4. Other Matters to be Heard. At the hearing, the Court shall ascertain any other evidentiary, jurisdictional, procedural or other issues that may be heard or disposed of before the trial and such other matters as will promote a fair and expeditious trial, and shall hear and determine them, or continue the hearing for that purpose.
Subdivision 5. Continuance. The Court may continue the hearing or any part thereof from time to time as may be necessary. All issues presented at the hearing shall be determined before the trial. When issues are determined, the Court shall make findings in writing or orally on the record.
Subdivision 6. Record of Hearing. The proceedings of the hearing shall be on the record.
No persons shall twice be put in jeopardy for the same offense, nor shall he be compelled in any criminal case to be a witness against him/herself. The defendant shall have the right to a speedy and public trial, the right to be confronted with witnesses against him/her, the right to assistance of counsel at his own expense and if he cannot afford the services of counsel then one shall be appointed for him/her and the right to demand trial by an impartial jury if the offense, or combination of offenses charged is punishable by incarceration.
Subdivision 1. Rules of Evidence. The rules of evidence to be followed by the Court and all other details of the judicial procedure may be set out in rules of the Court.
Subdivision 2. Defendant Present. The defendant shall be present in Court at every stage of the trial, including impaneling the jury, return of the verdict, and imposition of the sentence.
Subdivision 3. Witnesses; Documentary Evidence. All testimony of the witnesses shall be given orally under oath in open court and subject to the right of cross examination. Documentary and tangible evidence shall also be received in open court and available to the defendant.
Subdivision 4. Proof Beyond a Reasonable Doubt. The defendant is presumed to be innocent. The prosecution has the burden of proving the defendant's guilt beyond reasonable doubt, including the fact that a crime has actually been committed, and that the defendant committed it with the requisite intent, when intent is an element of the offense.
Subdivision 5. Order of Presentation. The prosecution shall represent its case first, followed by the case of the defendant. If rebuttal is required, the prosecution shall proceed first, followed by the defendant.
Subdivision 6. Order of Final Argument. At the conclusion of the evidence, the prosecution and defendant each in turn shall summarize the proof and make final argument, with the prosecution having the right of final rebuttal.
Subdivision 7. Tribal Documents. All records relating to statements or confessions of the defendant, or reports of physical, mental, or other scientific tests or examinations relating to or performed on the defendant, when in possession or control of the Tribe, shall be open to inspection by the defendant.
Subdivision 8. Interpreters. At any time in the trial process, the Judge may appoint an interpreter of his selection and may fix the reasonable compensation of such interpreter. An interpreter through whom testimony is communicated shall be put under oath to faithfully and accurately translate and communicate as required by the Judge.
Any person accused of a crime punishable by incarceration shall be granted a jury trial, upon his or her request made at time of arraignment. A jury shall consist of at least six (6) members of the Tribe selected at random from a list of eligible jurors prepared by the Court.
An eligible juror is an enrolled member of the Red Lake Band of Chippewa Indians who has reached the age of eighteen (18) years, is of sound mind and discretion, has not been convicted of a felony, has not been dishonorably discharged from the Armed Services, is not a member of the Tribal Council, a hereditary chief, or a judge, officer, or employee of the Court and their spouses and is not otherwise disqualified according to standards established by the Court.
A list of at least fifty (50) resident enrolled members of the Tribe who are eligible for jury duty shall be prepared and maintained by clerk. Each voting district on the Reservation shall be represented on the list. The clerk shall prepare the jury list at random from the list of eligible resident voters of the Red Lake Indian Reservation. When the list is completed, each person on the list shall be served written notice that they have been selected to serve jury duty and shall report to the office of the Clerk of Court on the date and at the time stated in the notice for an instructional meeting. Prior to the day scheduled for a jury trial, the clerk shall, at random, select twenty (20) names from the jury list and advise each person selected that they are to appear at the court the following day to serve their jury duty. The twenty (20) persons so selected shall be known as the jury group.
The individuals selected to comprise the jury list shall be required to perform jury duty for one (1) month. At the end of the one (1) month term of jury duty, the Clerk of Court shall prepare a new jury list as provided herein to serve for the ensuing month. Each subsequent month, the Clerk of Court shall prepare a jury list in accordance with the terms of this section.
Under the supervision of the presiding Judge and prior to any jury trial, a panel of jurors shall be drawn by lot from the jury group. A trial jury shall consist of six (6) qualified jurors selected from a panel of ten (10) eligible persons taken from the jury list, none of whom has an interest in the case, or is related as spouse, parent, grandparent, brother or sister, or first or second cousin to any of the parties, the judges, or their counsel. If the jury panel is exhausted before a sufficient number of jurors are selected for the trial jury, additional jurors shall be drawn by lot from the jury group for the panel until it is exhausted and the jury list until it is exhausted or until a jury is selected.
The Judges of the Court shall have the power to issue subpoenas to compel the attendance of members of the jury list, group and panel and of trial jurors. Subpoenas shall be signed by the Judge issuing them.
The Judge assigned to the case shall have the power to excuse persons from jury duty on account of sickness or disability, or for other good cause.
Each party may question members of the panel of prospective jurors for the purpose of selecting a trial jury and a juror may be challenged for cause by any party upon the following grounds:
a) The existence of a state of mind on the part of the juror with regard to case or either party which satisfies the court that the juror cannot try the case impartially and without prejudice to the rights of the party challenging.
b) A felony conviction unless the Civil Rights have been restored.
c) The lack of any of the qualifications prescribed in Section 407.02.
d) That the prospective juror is related to the person alleged to be injured by the offense charged, or to the person on whose complaint the prosecution was instituted, or to the defendant, or to any counsel in the case and that the relationship is closer than a third cousin as defined in Section 407.04 hereof.
In criminal cases, in addition to disqualifying jurors for cause as determined by the Judge, the prosecution and the defendant shall each be entitled to two (2) pre-emptory challenges without assigning any cause. Where there is more than one (1) defendant, they must join in a challenge before it can be made unless the Court, for due causes shown, shall permit otherwise, or shall permit each defendant to exercise two (2) pre-emptory challenges.
Each member of the jury panel called to service and each juror who serves upon a jury shall be entitled to compensation at a rate fixed by the Tribal Council, and may, in the discretion of the presiding Judge, be allowed mileage at a rate fixed by the Tribal Council. All payments of per diem and mileage shall be supported by vouchers signed by the presiding Judge. Such vouchers shall be paid in order of presentation, from available funds on deposit for the purpose.
The Judge shall instruct the jury with regard to the applicable law and the jury shall decide all questions of fact on the basis of that law. At the close of argument or at such earlier time during the trial as the Judge directs, any party may file with the Judge written instructions on the law which the party requests the Judge to deliver orally to the jury. At the same time Copies of such requests shall be furnished to the opposing party. The Judge shall inform each party of his proposed action upon each request prior to the arguments to the jury, but the Judge shall deliver his instructions to the jury after arguments are completed. No party may assign as error any portion of the Judge's charge or any omission unless he makes his objection and gives his reasons for it before the jury retires to consider its verdict. Opportunity shall be given to make the objection out of the hearing of the jury.
After deliberations in private, the jury in criminal cases shall return to the Judge in open court a verdict of "Guilty" or "Not Guilty" with respect to each defendant. A finding of “Guilty” or “Not Guilty” may be rendered by the unanimous jury, or when all of the jurors except one are in agreement.
(Section 407.11 amended to the Tribal Code by Resolution No. 10-96 dated, January 9, 1996)
Upon presentation of the evidence, and the arrival at a verdict by the jury, the judge in a criminal case may render a verdict contrary to that reached by the jury. Full force shall be given to the judges finding, notwithstanding the decision of the jury.
(Section 407115 added to Tribal Code by Resolution No. 10-96, dated January 9, 1996)
The Court shall have the power, upon good cause shown, to sequester the jury in order to insulate it from improper information or influences during the pendency of a trial or during deliberations by the jury.
The order of a jury trial shall be substantially as follows:
Subdivision 1. The jury shall be selected and sworn in.
Subdivision 2. The Court may deliver preliminary instructions to the jury.
Subdivision 3. The prosecution may make an opening statement to the jury but the statement shall be confined to the facts which he expects to prove during the case.
Subdivision 4. The defendant has the option of making an opening statement or he may make it immediately before he offers evidence in his offense. The statement shall be confined to a statement of the defense and the facts he expects to prove in support of his defense.
Subdivision 5. The prosecution shall offer evidence in support of the complaint.
Subdivision 6. The defendant may offer evidence in his defense.
Subdivision 7. The prosecution may offer evidence in rebuttal of the defense evidence, and the defendant may then offer evidence in rebuttal of the prosecution's rebuttal evidence.
Subdivision 8. At the conclusion of the evidence, the prosecution may make a closing argument to the jury.
Subdivision 9. The defendant may then make a closing argument to the jury.
Subdivision 10. The Court shall instruct and charge the jury.
Subdivision 11. The jury shall retire for deliberation and, if possible, render a verdict.
Subdivision 12. “Upon announcement of a verdict by the jury, the court shall have the opportunity to overrule the jury as described in Section 407.115".
(Section 408.01, Subd. 12 added to the Tribal Code by Resolution No. 10-96 dated January 9, 1996)
The jury may be discharged without having agreed upon a verdict if it appears that there is no reasonable probability of agreement.
A subpoena may be issued in a criminal proceeding for the attendance of a witness at a hearing or trial before the Court, or it may also command the person to whom it is directed to produce the books, papers, documents or other objects designated therein. The subpoena shall be signed by the Clerk of Court under the seal of the Court. The subpoena shall command each person to whom it is directed to attend and give testimony at the time and place specified in the subpoena or to produce the books, papers, documents or other objects designated therein. The subpoena shall bear the signature of a judge of the Court.
A Subpoena may be served by any person, eighteen (18) years or older, upon the person named in the subpoena by delivering a copy thereof to such person and shall provide proof of service..
(Section 409.02 amended to Tribal Code by Resolution No. 167-95, dated August 8, 1995)
Failure to obey a subpoena without adequate excuse is a contempt of court.
A petty misdemeanor means an offense as it is defined in the criminal code. The Court shall adopt and revise, from time to time, a fine schedule setting forth fines to be paid for all petty misdemeanors. Fines for petty misdemeanors may be paid to the Clerk of Court in lieu of a court appearance by the defendant. A defendant shall be advised in writing before paying a fine that such a payment constitutes a plea of guilty to the offense designated and that he voluntarily waives his rights to a trial.
Any person who has been convicted of an offense enumerated in this Code, other than a petty misdemeanor, may be sentenced by the Court to one or a combination of the following penalties.
Subdivision 1. Imprisonment. Imprisonment for a period not to exceed the maximum permitted by the code provision defining the offense. Imprisonment may be continuous or intermittent at the discretion of the Court. On any sentence of imprisonment, credit shall be given for all time spent in custody in an institution as a result of the charge for which the sentence was imposed. Imprisonment may include commitment to an appropriate institution or program, either on or off the reservation, for care, treatment, evaluation, or rehabilitation of the offended. Jurisdiction over a person sentenced to a program or institution off the Reservation shall be absolutely retained by the Tribe and the Court. No placement off the Reservation shall be valid unless first approved in writing by the Court and any order of such placement shall specify that the Courts retains jurisdiction over any person so placed.
Subdivision 2. Fine. A money fine in an amount not to exceed the maximum permitted by the code provision defining the offense. If the Court determines that a convicted offender is unable to pay forthwith a money fine assessed under this section or costs assessed under this code, the Court shall allow him to make a reasonable period of time to pay the entire sum or allow him/her to make installment payments to the Clerk of Court at specified intervals until the entire sum is paid. If the offender defaults on such payments, the Court may find him/her in contempt of court and punish him accordingly. Any convicted person may, if he/she so chooses, elect to serve time in jail at the rate of ten (10) dollars per day to be credited against any fine or costs such person owes.
Subdivision 3. Restitution. In addition to or in lieu of the penalties provided above, the Court may require a convicted offender who has inflicted injury upon the person or property of another to make restitution or compensation to the injured person by means of the surrender of property, payment of money damages, or the performance of any other act, including appropriate work detail, for the benefit of the injured party.
Subdivision 4. Suspended Sentence; Probation. In its discretion, the Court may suspend all or any portion of such sentence at any time and release the convicted offender on probation under any reasonable conditions imposed by the Court. These conditions may include a requirement that the convicted offender perform public service for the benefit of the Tribe under the supervision of such person as the Court shall direct or shall include a requirement that the convicted offender perform his sentence under the "Huber" Law. If the convicted offender violates the conditions of his probation, the Court may, after giving him notice and the opportunity for a hearing in open court, revoke or alter the terms of his probation, and may, as a penalty for a violation of the probation, impose an additional fine or imprisonment.
Subdivision 5. Consideration in Imposing Sentences. In determining the character and duration of the sentence to be imposed, the Court shall take into consideration the previous conduct of the defendant, the circumstances under which the offense was committed, whether the offense was malicious or willful, and whether the defendant has attempted to make amends, and shall give due consideration to the extent of the defendant's financial resources and the needs of his dependents.
Subdivision 6. Concurrent and Consecutive Sentences. When a person is convicted of or pleads guilty to multiple current offenses, or when there is a prior sentence which has not expired or been discharged, or when the conviction is for escape from lawful custody, or when probation has not expired and a new offense is committed, for which the person is subsequently convicted or pleads guilty, consecutive sentences may be given.
(Section 411.01, Subds. 2 & 4 revised to Tribal Code by Resolution No. 205-90, dated September 11, 1990)
(Section 411.01, Subd. 2 revised by Tribal Resolution No. 53-92, dated, February 11, 1992)
(Subd. 1 revised to Tribal Code by Resolution No. 167-95 dated August 8, 1995)
(Subd. 6 added to Tribal Code by Resolution No. 167-95 dated August 8, 1995)
Subdivision 1. Registration required. A person shall register under this section if the person was charged with, and convicted or pled guilty, or petitioned for, and adjudicated delinquent, for a violation of, or an attempt to violate, any of the following: 503.03, 508.03, 508.05, 508.06, 508.07, or 508.08, or any similar offense.
Subdivision 2. When a person who is required to register under this section is sentenced or given a disposition, the Court shall tell the person of the duty to register under this Section. The Court shall require the person to acknowledge this duty verbally at sentencing or the disposition hearing.
Subdivision 3. Registration procedure: (a) The person shall register with Red Lake Law Enforcement or probation officer who shall keep a record of such registration.
(b) At least five days before the person changes residence, the person shall give written notice of the new residence. An offender is deemed to change residence, the person shall give written notice of the new residence. An offender is deemed to change residence when the offender remains at a new address for longer than three (3) days and evinces an intent to take up residence there.
Subdivision 4. Contents of registration. Registration shall consist of a current address, a fingerprint card, current photograph, and blood sample for DNA analysis.
Subdivision 5. Criminal Penalty. A person required to register under this section who violates any of its provisions or intentionally provides false information to the probation officer or law enforcement is guilty of a gross misdemeanor.
Subdivision 6. Registration period. A person required to register under this Section shall continue to comply with this Section for ten (10) years from date of sentencing or disposition.
Subdivision 7. Use of Information. The information provided under this Section may be used only for law enforcement or licensing purposes, except it may be released to the Tribal Council to ensure the peace and tranquility of the Reservation.
(Section 411.02 added to Tribal Code by Resolution No. 167-95 dated August 8, 1995)
Any person, who is the owner of and uses, a firearm, or any dangerous weapon, in the commission of an offense shall forfeit such weapon to the Tribe as a part of the sentence. Upon order of the Court, such weapon shall be destroyed, or sold at public sale after appropriate public notice, pursuant to the direction of the Court in accordance with the law on forfeitures.
Following the imposition of judgement of guilty, except upon a plea of guilty, the court shall inform the defendant that he has a right to appeal. If the defendant requests, the Clerk of Court shall prepare and file a Notice of Appeal on behalf of the defendant. Appellate procedure in criminal matters shall be in accordance with the procedure set forth in Chapter 101.
The prosecutor may in writing or on the record, stating reasons therefore, dismiss a complaint without leave of the court.
If there is unnecessary delay by the prosecution in bringing a defendant to trial, the court may dismiss the complaint.
In cases in which it appears that it would serve the interest of the public in the effective administration of criminal justice, the prosecutor is authorized to engage in plea discussions for the purpose of reaching a plea agreement. The prosecutor shall be guided by the following principles set forth in Section 415.02 as to the appropriateness of plea discussions in any particular case.
If a plea agreement has been reached which contemplates entry of a plea of guilty, the trial judge shall require the disclosure of the agreement to him/her and the reasons for the agreement. The trial judge shall reject or accept the plea of guilty by the following principles considering the appropriateness of accepting any plea agreement:
a) The plea agreement is in the interest of the public in the effective administration of justice.
b) The plea agreement insures the prompt application of correctional measures to the defendant.
c) The defendant acknowledges his guilt and shows a willingness to assume responsibility for his behavior.
d) The plea agreement provides for alternative correctional measures which are better adapted to achieving rehabilitative treatment.
e) The defendant has made a trial unnecessary when there are good reasons for not having a trial.
f) The defendant is cooperative which may result in the successful prosecution of other offenders engaged in serious criminal conduct.
As part of a plea agreement, the Court in its discretion, may withhold adjudication of the charges up to three (3) years subject to any conditions imposed by the Court or by the plea agreement. If all the conditions for the stay of adjudication are met, then the charges shall be dismissed.
(Section 415.03 added to the Tribal Code by Resolution No. 292-93, dated September 14, 1993)
Except at a time when direct appellate
relief is available
, a person convicted of a crime who claims that
conviction obtained or the disposition made violated the person's
the law a party may file a petition with the Court
the judgment be vacated and set aside, to discharge the petitioner,
resentence the petition or make other disposition as the Court deems
appropriate appealed based on the misapplication of laws or
[Editor's note: strike-through and underlines in original.]
Subdivision 2. Defendants. A person convicted of a crime who claims that the conviction obtained or the disposition made violated the person's rights under the law may file petition may file a petition with the Court requesting that the judgment be vacated and set aside, to discharge the petitioner, or to resentence the petition or make other disposition as the Court deems appropriate
Subdivision 1. The petition filed with the court pursuant to this chapter shall contain:
1) A statement of the facts and the grounds upon which the petition is based.
2) An identification of the proceedings in which the petitioner was convicted and the date of the entry of judgement.
3) The name, address, and telephone number of the petitioner.
Subdivision 2. The Clerk of Court shall deliver a copy of the filed petition to the Tribal Prosecutor and the Clerk shall immediately assign the matter a hearing date as early as convenient.
Subdivision 1. An appeal may be taken from the Court Order granting relief or denying the Petition within thirty (30) days after filing the order in accordance with the rules of appellate procedure set forth in this code.