CRIMINAL CONDUCT A criminal act is conduct which violates the law of the Tribe with evidence that the offense has occurred. The offense may result in an arrest or further investigation by law enforcement. If there is not sufficient probable cause, then a case may be...
ARREST OR INVESTIGATION Police officers can make an arrest when they have probable cause to believe that the person has committed a crime, either a Felony or Misdemeanor. Sometimes cases may take more investigation before an arrest can happen. Depending on the nature...
INITIAL APPEARANCE Pascua Yaqui Tribal law guarantees a hearing within 72 hours of being arrested. The prosecutor will file a Complaint, and if seeking jail time, a judge will appoint a defense attorney. If the defendant cannot afford an attorney, the Tribe will...
PRELIMINARY HEARING All defendants accused of Felonies are entitled to a Preliminary Hearing within 10 days of their initial appearance if they are in custody and within 20 days of the initial appearance if they are out of custody. At this hearing, the prosecutor will...
ARRAIGNMENT An Arraignment is the hearing in which the Defendant is informed of the charges against him. At this hearing a plea of not guilty is entered to all charges contained in the Complaint and a denial as to any allegations that may have been attached. The...
