Bay Mills Tribal Court: Criminal Cases
Under Chapter I, section 102(A), the Tribal Court has jurisdiction
over all criminal offenses enumerated in the laws of the Bay Mills
Indian Community when committed by any person within the exterior
boundaries of the Bay Mills Indian Community
The typical order of a criminal prosecution is:
- Complaint. All criminal prosecutions are initiated by a complaint.
- Arrest. The accused is either arrested by a BMIC police officer or issued a complaint (ticket)
- Arraignment. The accused are brought before the court
and read the charges which were filed. The accused is then read their
rights. The accused then enters a plea of guilty or not guilty to the
charge(s). Bail is then set for the accused.
- Trial. The accused may request a jury trial or a bench
trial. At the trial the accused may bring witnesses and other evidence
in their defense. The prosection brings their case first and then the
defense. At the close of argument, either the jury
or the judge renders a verdict of guilty or not guilty. The defendant
must be proven guilty beyond a reasonable doubt.
- Sentencing. The judge renders a sentence in the form of
an order which the defendant must obey. Typical punishments may include:
a fine, restitution, probation, jail time, counseling, or community
service.
- Appeal. The accused has a right to appeal the verdict to the Bay Mills Court of Appeals.