Criminal Procedures

A defendant is required to personally appear in court at the initial appearance for the purpose of entering a plea. The defendant must check in with the Clerk of Court in the courtroom. Upon checking in you will receive a Notification of Rights form. An Application for Court Appointed Attorney/Affidavit of Financial Resources is provided if you enter a not guilty plea and wish to request a court appointed attorney.

You must read the Notification of Rights form and fill out the areas requesting information. You must fill out both sides of the form.   

The monetary penalties for criminal offenses are similar to the bail schedule for first-time offenders; however, the judge may impose a lesser or greater fine depending on the circumstances of the case. There are minimum mandatory penalties required by state law for the offenses of Driving Under the Influence (DUI), No Liability Insurance, and certain Driving Under Suspension/Revocation (DUS/R) offenses.

The following information relates specially to criminal offenses classified as Class B misdemeanors or infractions:

Plea of guilty: The judge will impose sentence immediately, unless continued for pre-sentence information.

Plea of not guilty: After a not guilty plea is entered, the case will be set for a trial at a later date.

Procedure at trial: At the time and place set for trial both the City of Mandan and the defendant must present their witnesses and any evidence they have to offer. Each side is given the opportunity to question the other sides witnesses. In a criminal case the defendant cannot be compelled to testify. If the defendant chooses to testify, the prosecutor may question the individual. 

Burden of proof: In a criminal case the City of Mandan must prove each element of the offense beyond a reasonable doubt.

Appointed counsel: A defendant charged with a Class B misdemeanor may be entitled to the services of a public defender if the defendant is determined to be indigent. To apply for court appointed counsel a defendant must submit an application containing financial information to the judge at the initial appearance. Applications are available at the Mandan Municipal Court clerk’s office.

Jury trial: Jury trials are not available in municipal courts. A defendant charged with a Class B misdemeanor in municipal court is entitled to a jury trial in District Court, provided a written demand for jury trial is made within 28 days after a plea of not guilty is entered if not requested at the initial appearance hearing. The City of Mandan prosecutes the case in the district court before a district court judge. If a defendant does not timely demand a jury trial, the right to jury trial is waived by statute.