Statutes | Fort Belknap Tribal Code Title III Part IV ยง 1.7 | 2019
A. If a defendant was admitted to bail under section 1.2 of this chapter and the defendant has knowingly and intentionally failed to appear before the court as ordered, the court:
(1) shall issue a warrant for the defendants arrest
(2) may not release the defendant on personal recognizance and
(3) may not set bail for the rearrest of the defendant on the warrant at an amount that is less than the greater of:
(a) the amount of the original bail or
(b) two thousand five hundred dollars ($2,500) in the form of a bond or the full amount of the bond in cash.
B. In a criminal case, if the court receives written notice of a pending civil action or unsatisfied judgment against the criminal defendant arising out of the same transaction or occurrence forming the basis of the criminal case, funds deposited with the clerk of the court under section 1.2 of this chapter may not be declared forfeited by the court, and the court shall order the deposited funds to be held by the clerk. If there is an entry of final judgment in favor of the plaintiff in the civil action, and if the deposit is subject to forfeiture, the criminal court shall order payment of all or any part of the deposit to the plaintiff in the action, as is necessary to satisfy the judgment. The court shall then order the remainder of the deposit, if any, forfeited.
C. If a bond is forfeited and the court has entered a judgment the clerk shall transfer to the court general fund:
(1) any amount remaining on deposit with the court (less the fees retained by the clerk) and
(2) any amount collected in satisfaction of the judgment.
D. The clerk shall return a deposit, less the administrative fee, made under section 1.2 of this chapter to the defendant, if the defendant appeared at trial and the other critical stages of the legal proceedings.
History: Section J. Subsection J.7(A-D) enacted on the 3/8/99. ResoJutiou 63-99 fonnerly Section I. Subsection 1.11.