Tribal Law - Turtle Mountain Band of Chippewa Indians of North Dakota; National Indian Law Library, Native American Rights Fund

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

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Turtle Mountain Band of Chippewa Indians Tribal Code.

26.06.050 Alternative Sentences

Unless otherwise specified in any statute, upon application or upon its own motion, the court may provide either of the following sentences in any case before it:

(a) Suspend, only, the term of imprisonment for class [1] one and class [2] two offense(s) imposed by the court.

(b) The court shall order the full fine(s)and fee(s) applicable for all class [3] three, class [4] four or class [5] five offenses.

(c) Defer imposition of sentence shall not be allowed for any violent crime or crimes that include children or the sale of drugs.

(d) In any deferred prosecution or deferred judgment for any offense re: the following: the pre-trial agreement, the conviction of guilty whether by judge or jury, the admittance of guilt or a change of plea. The deferment of conviction for which imposition of sentence was deferred shall be pleaded and proved due to any violation of the deferment and will have the same effect as if probation had not been granted under Section 26.06.060.