38.02.040 Failure to Appear; Hearing upon Arrest; Time Of; Promise of Defendant to Appear

The time to be specified in the summons or notice provided for in Section 38.02.030 shall be at least five (5) days after such arrest unless the person arrested shall demand an earlier hearing, and, if the person arrested desires, he may have the right, at a convenient hour, to an immediate hearing or to a hearing within twenty-four (24) hours. Such hearing shall be before a judge of the Turtle Mountain Tribal Court. Upon receipt from the arrested person of a written promise to appear at the time and place mentioned in the summons or notice, such officer may release him from custody. Any person refusing to give such written promise to appear shall be taken immediately by the arresting officer before the nearest or most accessible judge. Any person willfully violating his written promise" to appear shall be subject to the penalty prescribed by Section 26.11.020 regardless of the disposition of the charge upon which he originally was arrested.