Turtle Mountain Band of Chippewa Indians of North Dakota - Tribal Law

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Turtle Mountain Band of Chippewa Indians Tribal Code.

1.11.020 Advice to Defendant

Before accepting a plea of guilty, the court must address the defendant personally in open court and inform him of, and determine that he understands, the following:

(a) The nature of the charge to which the plea is offered, the mandatory minimum penalty and the maximum possible penalty provided by law, including the effect of any special probation term and, when applicable, that the court may also order the defendant to make restitution to any victim of the offense; and

(b) If the defendant is not presented by an attorney, that he has the right to be represented by an attorney at every stage of the proceeding against him; and

(c) He has the right to be tried by a jury and, at that trial, has the right to the assistance of counsel at his own expense, the right to confront and cross-examine witnesses against him, the right to produce witnesses on his own behalf, and the right not to be compelled to incriminate himself; and

(d) That if his plea of guilty is accepted by the court there will be no further trial on the matter so that by pleading guilty he waives the right to a trial; and

(e) If the court intends to question the defendant under oath, on the record, and in the presence of counsel about the offense to which he has pleaded, that his answers may later be used against him in a subsequent prosecution including perjury or false statement.

Original url: /us/nsn/tmchippewa/council/code/1.11.020

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