FILED MOTIONS A Defense attorney in reviewing a case, may allege that certain Constitutional rights were violated or that particular Rules were not properly followed. The Defense attorney may file pleadings, and then the Tribe has a right to respond. As necessary, the...
CASE RESOLUTION Plea Agreement Most criminal cases resolve with a plea agreement. The prosecutor may reduce the potential punishment in exchange for the defendant pleading guilty to one or more charges. During the negotiating process, another judge may conduct a...
GUILTY OR NOT GUILTY If the finder of fact – jury or judge – finds the defendant not guilty, charges are dismissed, the Defendant is released, and charges may never be brought again for the same act. If the jury finds the Defendant guilty, the case proceeds to...
SENTENCING Sentencing is the time for the Judge to decide if a Defendant who is found guilty at trial or who pleads guilty will be incarcerated or placed on probation. The Prosecutor, the Victim, the Defense Attorney, and the Defendant will all be given an opportunity...
CUSTODY OR PROBATION If the Judge has the option whether to send a defendant to jail, and to decide how long the Defendant will spend in custody. On the most serious cases, the Judge can incarcerate a Defendant for up to three years for each crime, for a total of 9...
APPEAL An Appeal is the review the record of the trial court’s activities for legal error. The Court of Appeals does not consider new evidence or re-try the case. An Appeal is not another trial but an opportunity for the defendant to try to raise specific errors that...
