Criminal cases are typically started in one of two ways: an individual reports a complaint with Tribal Law Enforcement or a Tribal Law Enforcement Officer directly witnesses a crime occur. Tribal Law Enforcement then conducts an investigation into the alleged criminal conduct and the results of that investigation are forwarded to LTBB Tribal Prosecutor’s Office.
Based on the report filed by Tribal Law Enforcement, LTBB Tribal Prosecutor’s Office may take a variety of actions, including: filing criminal charges, decline to file criminal charges, request that further investigation be conducted, etc.
If criminal charges are filed in a case, LTBB Tribal Prosecutor’s Office is responsible for prosecuting the case in Tribal Court. Not all criminal cases go to trial; some cases are resolved through a plea bargain reached between the defendant and the Tribal Prosecutor, and in some cases charges may be dismissed.
The Tribe’s criminal laws are set forth in WOTC § 9.107, 9.201 and 9.701. The Tribe has adopted a Civil Traffic Code which is set forth at WOS 2010-011. The Tribe has a Sex Offense statute which is set forth at WOS 2009-009. The Tribal Court has adopted Rules of Criminal Procedure which govern adult criminal proceedings in Tribal Court. The Rules of Criminal Procedure are available by clicking here.
The Tribe in order to comply with the Adam Walsh Act, has implemented a Sex Offender Registry. The Sex Offender Registry Statute is set forth at WOS 2011-007.
