VII. PROCEDURE IN MAGISTRATE COURT

  1. When a defendant is brought before a Magistrate, he shall be provided with a copy of the Complaint as set out in Arraignment - Section 3, and advised of his or her rights as provided in that section.
  2. In the event a defendant enters a plea of guilty to the offense charged in the Complaint the Magistrate shall enter the appropriate sentence.
  3. In the event a defendant enters a plea of not guilty the magistrate shall immediately bind the defendant over for appearance before a Tribal Judge for arraignment.
    1. The Magistrate shall set proper bail for the offense charged and in the event the defendant is unable to post said bail he shall be remanded to custody pending his arraignment. The Magistrate shall designate the time and place of the arraignment.
    2. The Magistrate shall transmit the warrant or summons and the Complaint to the Clerk of the Tribal Court along with a Magistrate’s Return setting forth what proceedings were had involving the matter.
  4. When a defendant appears before a Magistrate charged with an offense of a class not within the jurisdiction of the Magistrate Court, such matter shall immediately be transferred to the Tribal Court and the procedure set out in Section C above followed, including the setting of bail.
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