1.11.010 Pleas

A defendant may plead guilty or not guilty. If a defendant refuses to plead or if a defendant corporation fails to appear, the court shall enter a plea of not guilty.

(a) Not guilty plea.

If the defendant wishes to plead "not guilty", he may demand a jury trial. After a plea of "not guilty", the court shall set a date for trial which shall allow sufficient time for the defendant to prepare his defense. In no case shall the time be less than seven (7) days, unless requested by the defendant, and the tribal court finds that the prosecution would not be prejudiced by a short setting. The defendant can plead not guilty by reason of insanity or mental defect. If a defendant pleads not guilty by reason of insanity or mental defect, a psychological evaluation shall be ordered by the court within thirty (30) days.

(b) Guilty plea.

If the defendant wishes to plead "guilty", he may be sentenced immediately or within a reasonable time thereafter. Any plea made to the court must be made in open court with the defendant present. At any time before final sentencing, a defendant may bring a motion before the tribal court to withdraw his guilty plea. A guilty plea will only be withdrawn upon a showing of constitutional violation, misrepresentation, or coercion.