2.10.920 Initial appearance.
At the initial appearance of any person who was arrested without a warrant and against whom no verified complaints have been filed, the Court shall, after informing the accused of his or her rights, as outlined below, first determine whether or not probable cause exists to continue to detain and prosecute the accused, and if not, shall order the accused released from custody immediately. The accused shall not be in custody longer than 72 hours without a probable cause determination.
(a) At defendant’s initial appearance pursuant to an arrest warrant and/or against whom complaints have been filed, the judge shall inform the defendant of his or her rights and:
(1) Determine the defendant’s true name and address and, if necessary, amend the formal charges, if filed, to reflect it, instructing the defendant to notify the Court promptly of any change of address;
(2) Inform the defendant of the charges against him or her;
(3) Inquire of the Tribe whether they seek loss of liberty as punishment;
(4) Provide timely notice to any person detained by order of the Yurok Tribe pursuant to 25 U.S.C. § 1304 of his or her right to file in a court of the United States a petition for writ of habeas corpus and a petition to stay his or her further detention;
(5) The charge or charges against him or her;
(6) The maximum penalty allowed under Tribal law for the offense;
(7) The defendant’s right to counsel at defendant’s expense, or to have counsel appointed if accused is determined to be indigent;
(8) The right to call any witness on his or her behalf;
(9) The right to request a jury trial where the crime charged carries a possible jail sentence;
(10) The right to remain silent and that any statement made by her or him may be used in evidence against her or him at any subsequent Court proceedings;
(11) The right to cross-examine the Tribe’s witnesses;
(12) The right to have up to five judicial days before arraignment;
(13) The right to discuss bail and conditions of release.
(b) Scheduling Arraignment. Unless the arraignment occurs at the initial appearance, arraignment shall be scheduled within five court days of the initial appearance, unless waived by the defendant. If the defendant is not arraigned within this time limit, and the right to a speedy trial has not been waived, the defendant shall be released. [Ord. 81, amended, 1/6/2023; Ord. 63, adopted, 12/6/2019.]