Statutes | Confederated Tribes of Warm Springs Tribal Code Chapter 202 ยง 202.010 | 2019

  1. &ldquoComplaint&rdquo means a written statement sworn to by a complaining witness charging that a named person has committed a particular criminal offense.
  2. &ldquoProbable Cause&rdquo means a reasonable belief an offense has been committed and the accused person did commit the act.
  3. &ldquoArrest&rdquo means the taking of a person into police custody in order that he may be held to answer for a criminal offense charge.
  4. &ldquoSearch Warrant&rdquo means a written order signed by a tribal Judge upon a showing of probable cause and directed to Tribal Police ordering the conduct of a search and seizure of items or property specified in the warrant. The property and place to be searched will be particularly identified and the items to be seized will be identified with particularity.
  5. &ldquoArraignment&rdquo means the bringing of an accused before the Court, informing him of the charge against him and his rights prior to receiving his plea.
  6. &ldquoMotion&rdquo means a request for Court order on any matter relating to an action which has been commenced in Tribal Court.
  7. &ldquoBail&rdquo means money or other security deposited by a defendant with the Court to obtain his release from jail and to guarantee his appearance at a scheduled Court hearing.
  8. &ldquoBench Warrant&rdquo means an order issued in Court by a judge authorizing the legal authorities to seize a person. Is most often used to compel a person&rsquos attendance before the Court.
  9. &ldquoBill of Attainder&rdquo means a legislative act directed against a specific person, pronouncing him guilty of an alleged crime without trial or conviction in a court of law.
  10. &ldquoBeyond a Reasonable Doubt&rdquo means the standard of proof required for conviction of a defendant for a criminal act. This is a factual determination by the judge or jury where they can see no reasonable doubt remains as to the guilt of the person charged. It does not require proof so clear that there is no possibility of error. It means simply that the proof offered must be so conclusive and complete that all reasonable doubts of the fact are removed from the mind of the decider of fact.
  11. &ldquoBond&rdquo means a written agreement to produce a released prisoner at a scheduled time and place for hearing or trial. It is given by the signature of two adult, enrolled members who are competent to enter into such an agreement at the time of signing.
  12. &ldquoCommunity Service&rdquo means a Court ordered probationary program where the sentenced person is required to perform labor on behalf of the community.
  13. &ldquoContraband&rdquo means: (a) Any narcotic or dangerous drug or controlled substance which has been or is possessed with intent to sell or offer for sale in violation of any laws or regulations of the United States, the Tribes, or the State of Oregon dealing therewith or which has been acquired or is possessed, sold, transferred, or offered for sale, in violation of any laws of the United States, the Tribes, or the State of Oregon dealing therewith or which has been acquired by theft, robbery or burglary (b) Any firearm, with respect to which there has been committed any violation of any provision of the Warm Springs Tribal Code, of the National Firearms Act or any regulation issued pursuant thereto, or the State of Oregon (c) Any other item of personal property, the possession of which has been made illegal by the provisions of the Warm Springs Tribal Code.
  14. &ldquoDefendant&rdquo means the person against whom a legal action is brought either by the Tribes or an individual.
  15. &ldquoDouble Jeopardy&rdquo means a second prosecution or second punishment for the same offense after a jury has been sworn or after a judge in a non-jury trial receives the first evidence at a trial.
  16. &ldquoExpert Witness&rdquo means a person who is qualified to speak with authority on a subject by reason of special training, skill or familiarity with the subject.
  17. &ldquoFine&rdquo means a Court ordered payment of money as penalty or punishment for a finding of wrong-doing in a civil action or criminal action.
  18. &ldquoTribal Police Officer&rdquo means employees of the Confederated Tribes who are sworn as police officers of the Tribes and such other law enforcement officials that may be given such authority by Tribal Council action.
  19. &ldquoWillful&rdquo in a civil action means an act which is intentional or knowing or voluntary as distinguished from accidental. When used in a criminal context, it generally means an act done with a bad purpose without justifiable excuse.