CHAPTER 2
CRIMINAL PROCEDURE
Table of Contents
Part 1
General Preliminary Provisions
2-2-101. Purpose and construction.
2-2-102. General definitions.
2-2-103. Criminal jurisdiction.
2-2-104. Rights of defendant.
2-2-105. Subsequent prosecutions.
Part 2
Investigative Procedures
2-2-201. Investigative subpoenas.
2-2-202. Relief from improper subpoena.
2-2-203. Conduct of investigative hearing.
2-2-204. Self-incrimination -- immunity.
2-2-205. Authorization for search and seizure.
2-2-206. Scope of search after arrest.
2-2-207. Execution of a search warrant.
2-2-208. Grounds for a search warrant.
2-2-209. Scope of search.
2-2-210. What may be seized with search warrant.
2-2-211. Seizures related to controlled substances.
2-2-212. Procedures for seizures related to controlled substances.
2-2-213. Disposition of seized property.
2-2-214. Investigative stop.
2-2-215. Stop and frisk.
2-2-216. Roadblocks.
2-2-217. Duration of stop.
Part 3
Commencing Prosecution
2-2-301. Citation.
2-2-302. Complaint.
2-2-303. Amending the complaint.
2-2-304. Joinder and severance of offenses and defendants.
Part 3(cont'd)
2-2-305. Discharge of codefendant.
2-2-306. Multiple charges from the same transaction.
Part 4
Arrest and Related Procedures
2-2-401. Method of arrest.
2-2-402. Time of making arrest.
2-2-403. Arrest by law enforcement officer.
2-2-404. Arrest warrants.
2-2-405. Notice of rights prior to interrogation.
2-2-406. Summons.
2-2-407. Written report when no arrest made in abuse situation.
2-2-408. Notice of rights in abuse situation.
2-2-409. Extradition.
Part 5
Initial Appearance, Presence of Defendant,
and Right to Counsel
2-2-501. Initial appearance.
2-2-502. Duty of court at initial appearance.
2-2-503. Presence of defendant.
2-2-504. Right to counsel.
Part 6
Bail
2-2-601. Release prior to criminal proceedings.
2-2-602. Release or detention.
2-2-603. Release on own recognizance and reasonable bail.
2-2-604. Conditions upon defendant's release.
2-2-605. Bail schedule.
2-2-606. Changing bail or conditions of release.
2-2-607. Forms of bail.
2-2-608. Property and surety bonds.
2-2-609. Release of bail.
2-2-610. Violation of a release order.
2-2-611. Forfeiture order.
2-2-612. Surrender of defendant.
Part 7
Arraignment of the Defendant
2-2-701. Joint defendants.
2-2-702. Procedure on arraignment.
2-2-703. Plea alternatives.
2-2-704. Record of arraignment.
2-2-705. Plea agreement procedure.
2-2-706. Telephonic change of plea.
Part 8
Pretrial Motions and Discovery
2-2-801. Pretrial defenses and objections.
2-2-802. Suppression of evidence.
2-2-803. Motion to suppress confession or admission.
2-2-804. Disclosure by prosecution.
2-2-805. Disclosure by defendant.
2-2-806. Severance.
2-2-807. Notice of alibi.
2-2-808. Motion for continuance.
2-2-809. Pretrial conference.
2-2-810. Pretrial diversion.
2-2-811. When depositions may be taken.
2-2-812. Procedure for taking depositions.
2-2-813. Use of depositions at trial.
2-2-814. Subpoenas.
Part 9
Mental Disorder
2-2-901. Mental disorder.
2-2-902. Evidence of mental disorder admissible.
2-2-903. Mental disorder excluding fitness to proceed.
2-2-904. Examination of defendant.
2-2-905. Prosecution's right to examination.
2-2-906. Access to defendant for examination.
2-2-907. Report of examination.
2-2-908. Psychiatric or psychological testimony upon trial.
2-2-909. Form of verdict and judgment.
2-2-910. Admissibility of statements made during examination.
2-2-911. Determination of fitness to proceed.
2-2-912. Proceedings if fitness regained.
2-2-913. Commitment upon finding.
2-2-914. Discharge or release upon motion.
2-2-915. Application for discharge or release by committed person.
2-2-916. Revocation of conditional release.
Part 10
Trial
2-2-1001. Right to a jury trial.
2-2-1002. Priority on the Tribal Court calendar.
2-2-1003. Questions of law and fact.
2-2-1004. Rules of evidence in criminal cases.
2-2-1005. Trial preparation time.
2-2-1006. Burden of proof.
2-2-1007. Order of trial.
2-2-1008. Insufficient evidence.
Part 11
Juries
2-2-1101. Motion to discharge a jury panel.
2-2-1102. Examination of prospective jurors.
2-2-1103. Challenges.
2-2-1104. Conduct of jury during trial.
2-2-1105. View of relevant place or property.
2-2-1106. Jury instructions.
2-2-1107. Jury deliberations.
2-2-1108. Items that may be taken into jury room.
2-2-1109. Activity of the court during jury's absence.
2-2-1110. Form of verdict.
2-2-1111. Polling the jury.
2-2-1112. Conviction of lesser included offense.
2-2-1113. Discharging jurors.
2-2-1114. Motion for a new trial.
Part 12
Sentence and Judgment
2-2-1201. Rendering judgment and pronouncing sentence.
2-2-1202. Sentencing considerations.
2-2-1203. Imposition of sentence.
2-2-1204. Execution of sentence.
2-2-1205. Restitution.
2-2-1206. Payment of fines and restitution.
2-2-1207. Revocation of parole or suspended or deferred sentence.
2-2-1208. Dismissal and expungement after deferred sentence.
2-2-1209. Failure to pay a fine or restitution.
2-2-1210. Credit for time served.
2-2-1211. Credit for incarceration prior to conviction.