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 provide one at no cost. At this hearing, the judge will set conditions of release, which may include setting a bond, requiring supervision by Pretrial Services, prohibiting the use of drugs or alcohol, prohibiting contact with any victims, and attending all court hearings. The judge will consider the defendant’s criminal history, any history of failing to appear for court, the nature of the crime, and the views of the victim in making this decision. If the alleged crime is a Misdemeanor, the Judge will decide whether there is probable cause to proceed. If the alleged crime is a Felony, then the Court will set a Preliminary Hearing.