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.