About the Court

An officer who has reasonable or probable cause to believe an individual has committed an offense may arrest that individual. At the time of the arrest, the individual will be informed of the reason(s) for their arrest and their rights.

Each complaint must contain the following:
The name of the jurisdiction where it is filed and the Trial court within which it is brought.
The names of the parties. If the names of all the defendants are not known, the complainant may add names as needed.

A statement signed by the complainant of the acts constituting the offense, and the time and place of the commission of the offense, be as near as may be ascertained, in ordinary and concise language.
Hopi Code, Title II, Chapter 2.2.1

Criminal actions that include allegations of a serious offense or dangerous offense, as defined in section 3.4.1 of the Code, shall only be heard by the Chief Judge, Senior Associate Judge or a Pro-Tem Judge. Hopi Code, Title II, Chapter 2.2.4

Arraignment consists of reading by the Court of the complaint to the defendant, and delivering to him a true copy thereof and of the endorsements thereon, and asking him whether he pleads guilty or not guilty to the offense charged in the complaint. Title II, Chapter 6, 2.6.1

Arraignment shall be conducted in open Court and shall consist of the following:

• Reading the complaint to the accused.
• Stating to him the substance of the charges and the language of the law establishing the offense and fixing the penalty.
• Advising him of his rights to counsel at his own expense, if he so desires, or at no cost if he so qualifies.
• Call on him to plead to the charges. Hopi Code, Title II, Chapter 6, 2.6.2

Bail is setting at liberty a person arrested or imprisoned on security being taken for his appearance. His sureties shall be regarded as custodians of the principal’s person. This provision is applicable only to offenses over which the Tribe has jurisdiction. Title II, Chapter 5, 2.5.1

All defendants, as a matter of right, are bailable before conviction, by sufficient cash or surety bail bond, and after conviction if an appeal is pending. If bail is not met, the defendant shall be incarcerated until his case is heard. Hopi Code, Title II, Chapter 5, 2.5.2

A motion is the formal mode in which a party submits a proposed measure or resolution for the consideration and action of the Court. Hopi Code, Title II, Chapter 7, 2.7.1

The Defendant has a right to a trial by a judge or jury. Cases shall be tried by the Court unless the defendant shall file with the Clerk of the Court a written request for a jury trial not less than ten (10) days after his arraignment. The jury shall consist of six (6) persons and shall be selected randomly from the Hopi membership list. Hopi Code, Title II, Chapter 8, 2.8.4

In all criminal prosecutions, the accused person shall have the right to defend himself in person or, at his own expense, by counsel; to demand the nature and cause of the accusation against him face to face; to have compulsory process served for obtaining witnesses in his behalf; and to a speedy public trial by an impartial jury. No person shall be compelled in any criminal case to give evidence against himself or be twice put in jeopardy for the same offense; upon request, the accused or a juror shall be entitled to an interpreter. Hopi Code, Title I, Chapter 8, 2.8.5
If the Defendant is guilty, sentence will be imposed.

Upon a plea of guilty or a verdict of guilty, the Court shall fix a time for sentencing, which must be within a reasonable time after the verdict is rendered. Prior to judgment, the Court may request a presentence investigation to be conducted by the probation department. All presentence reports shall be filed with the Court. Hopi Code, Title II, Chapter 12, JUDGMENT

The Court may impose the following criminal penalties against a person who is convicted for violating this Code:

• A maximum of three years in custody and/or a fine of up to $15,000.00 upon conviction for an offense which is defined in the Code as a “dangerous offense;”
• A maximum of two years in custody and/or a fine of up to $10,000.00 upon conviction for an offense which is defined in the Code as a “serious offense;”
• A maximum of one year in custody and/or a fine of up to $5,000.00 upon conviction for an offense which is defined in the Code as an “offense;”
• A maximum of six months in custody and/or a fine of up to $2,500.00 upon conviction for an offense which is defined in the Code as a “minor offense;”

A maximum of three months in custody and/or a fine of up to $1,250.00 upon conviction for an offense which is defined in the Code as a “petty offense.” Hopi Code Title III, Chapter 4. PENALTIES

Following sentencing, the Defendant has the right to file an appeal of the Trial Court’s decision or judgment with the Hopi Appellate Court. The Court of Appeals has appellate jurisdiction over any case on appeal from the Trial Court, and the power to make conclusions of law in those cases. The Court of Appeals has original and exclusive jurisdiction over disputes between villages.
Hopi Code, Title I, Chapter 2, 1.2.4 JURISDICTION

The Appellate Court hears appeals from the final judgments of the Trial Court. It has the power to make conclusions of law and holds exclusive jurisdiction over disputes between Villages.

Yes, the public is invited to observe standard court hearings. However, cases involving juveniles and children are strictly closed to the public.

While you have the right to represent yourself, you also have the right to secure counsel at your own expense. The Court cannot provide you with legal advice.