[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR11.309]

[Page 26-27]
 
                            TITLE 25--INDIANS
 
     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
 
PART 11--LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents
 
                      Subpart C--Criminal Procedure
 
Sec. 11.309  Arraignments.

    (a) Arraignment is the bringing of an accused before the court, 
informing him or her of his or her rights and of the charge(s) against 
him or her, receiving the plea, and setting conditions of pretrial 
release as appropriate in accordance with this part.
    (b) Arraignment shall be held in open court without unnecessary 
delay after the accused is taken into custody and in no instance shall 
arraignment be later than the next regular session of court.
    (c) Before an accused is required to plead to any criminal charges 
the magistrate shall:
    (1) Read the complaint to the accused and determine that he or she 
understands it and the section(s) of this part that he or she is charged 
with violating, including the maximum authorized penalty; and
    (2) Advise the accused that he or she has the right to remain 
silent, to be tried by a jury if the offense charged is punishable by 
imprisonment, to be represented by counsel (which shall be paid for by 
the government if the accused is indigent) and that the arraignment will 
be postponed should he or she desire to consult with counsel.
    (d) The magistrate shall call upon the defendant to plead to the 
charge:

[[Page 27]]

    (1) If the accused pleads ``not guilty'' to the charge, the 
magistrate shall then inform the accused of the trial date and set 
conditions for release prior to trial.
    (2) If the accused pleads ``guilty'' to the charge, the magistrate 
shall accept the plea only if he or she is satisfied that the plea is 
made voluntarily and that the accused understands the consequences of 
the plea, including the rights waived by the plea. The magistrate may 
then impose sentence or defer sentencing for a reasonable time in order 
to obtain any information he or she deems necessary for the imposition 
of a just sentence. The accused shall be afforded an opportunity to be 
heard by the court prior to sentencing.
    (3) If the accused refuses to plead, the judge shall enter a plea of 
``not guilty'' on his or her behalf.
    (e) The court may, in its discretion, allow a defendant to withdraw 
a plea of guilty if it appears that the interest of justice would be 
served by doing so.