CHAPTER 3 - CRIMINAL PROCEDURE
Section 3-1
Section 3-2
Section 3-3
Section 3-4
Section 3-5
Section 3-6
Section 3-7
Section 3-8
Section 3-9
Section 3-10
Section 3-11
Complaints
Complaint Limitation
Speedy Trial
Warrants to Apprehend
Arrests
Search Warrants
Commitment
Bail or Bond
Corporation of Federal Employees
Extradition
Proof Beyond a Reasonable Doubt
Section 3-1 Complaints
3-1.01 Complaints.
(a) Prosecution of violation of the Law and Order Code shall be by complaint, specifying the offense
with which the accused is charged.
(b) No complaint filed in the Spokane Tribal Court shall be valid unless it shall bear the signature of
the complainant or the complaining witness, and be witnessed by 1 of the following: by a duly
qualified Judge of the Court, the Clerk of the Court, the Tribal Executive Director, the
Superintendent, or his authorized representative.
Section 3-2 Complaint Limitation
3-2.01 Limitations of Actions.
(a) Prosecutions for all offenses, other than those set out in subsection (b) herein, must commence
with 2 years of the commission of the offense.
(b) Prosecutions for the offenses of child abuse, child molestation, carnal knowledge, or other
criminal charges wherein the victim is a minor, may be commenced at any time before such
child reaches the age of 21 years.
3-2.02 Tolling of Time For Complaint. If the person accused of an offense defined in this Code intentionally
absents them self from the jurisdiction of the Tribal Court, the time within which filing of the complaint is to
be made, or the trial to be conducted, is tolled for the duration of time that the individual absents them self
from the jurisdiction of the Court.
Section 3-3 Speedy Trial
3-3.01 Speedy Trial. The Spokane Tribal Court shall have the responsibility of insuring that each person
charged with a crime under this Code shall receive a speedy trial.
3-3.02 Length of Time. Trial must commence no more than 120 days after the defendant first appears in
court, unless a longer period is agreed to or ordered by the Court.
Section 3 - 4 Warrants to Apprehend
3-4.01 Warrant to Apprehend. Upon written complaint, under oath, before a Tribal Judge, charging any
person of a crime of which this Court has jurisdiction, a warrant shall issue causing the individual so charged
to be brought before the tribal Court for trial.
(a) No warrant to apprehend shall be valid unless it shall bear the signature of a duly qualified
Judge of the Tribal Court.
(b) Such warrants shall be served by a duly qualified member of the Tribal Law Enforcement Office,
a duly qualified Probation officer or a police officer of the United States Bureau of Indian Affairs.
(c) Any unexpected warrant may be cancelled by the Judge who issued it.
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Revised Spokane Law & Order Code, 5/14/2013