Title 29, Judicial Procedure, Criminal

An arrest is the taking of a person into custody in the manner authorized by law to answer for the commission of an offense.

An arrest may be made: 1. By a peace officer, under a warrant; 2. By a peace officer, without a warrant; or 3. By a private person.

Any officer making an arrest may summon as many persons orally as the officer deems necessary to aid the officer therein.

Every person, when required, shall aid an officer in the making of an arrest.

Any member of a duly organized state, county, or municipal law enforcement unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit of a person in order to arrest the person on the ground that the per…

Any member of a duly organized state, county, or municipal law enforcement unit of another state of the United States who enters this state to perform an assigned duty of transporting persons in legal custody for law enforcement purposes has the same authority to transport person…

1. "Federal agent" means an employee of the federal bureau of investigation; the federal drug enforcement administration; the bureau of alcohol, tobacco, firearms and explosives; the homeland security investigations unit of the department of homeland security; the bureau of India…

1. As used in this section, "peace officer" means a salaried public servant employed by a criminal justice agency of the state or a political subdivision to enforce the law or to conduct or engage in investigations or prosecutions for violations of law. 2. If a peace officer is t…

1. If an arrest is made in this state by an officer of another state in accordance with the provisions of section 29-06-05, the officer, without unnecessary delay, shall take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a h…

As used in section 29-06-05, the term "fresh pursuit" shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed or who is reasonably suspected of having committed a felony, misdemeanor, or traffic violation. It also shall include…

An arrest for a felony, misdemeanor, or infraction may be made on any day and at any time of the day or night.

An arrest is made by an actual restraint of the person of the defendant or by the defendant's submission to the custody of the person making the arrest.

A person who is arrested may not be subjected to unnecessary or unreasonable force, nor to any greater restraint than is necessary for the person's detention.

If the person making an arrest is acting under the authority of a warrant, the person shall inform the defendant to that effect and shall show the warrant, if required.

An officer making an arrest in obedience to a warrant shall proceed with the person arrested as commanded in the warrant, or as otherwise provided by law.

If, after notice of intention to arrest the defendant, the defendant either flees or forcibly resists, the officer may use all necessary means to effect the arrest.

An officer may break open any door or window of a dwelling house to execute a warrant of arrest, or to make such arrest for a felony without a warrant, as is provided in section 29-06-15, if, after notice of the officer's authority and purpose, the officer is refused admittance.

1. A law enforcement officer, without a warrant, may arrest a person: a. For a public offense, committed or attempted in the officer's presence and for the purpose of this subdivision, a crime must be deemed committed or attempted in the officer's presence when what the officer o…

A police officer at the scene of a traffic accident may arrest without a warrant any driver of a vehicle who is a nonresident of this state and who is involved in the accident when based upon personal investigation, the officer has reasonable and probable grounds to believe that …

When making an arrest without a warrant, the officer shall inform the person to be arrested of the officer's authority and the cause of the arrest, unless: 1. The person to be arrested then is engaged in the commission of an offense; 2. Such person is pursued immediately after th…

An officer may take before a magistrate a person who, while engaged in a breach of the peace, is arrested by a bystander and delivered to the officer.

When a public offense is committed in the presence of a magistrate, the magistrate, by a verbal or written order, may command any person immediately to arrest the offender, and thereupon may proceed as if the offender had been brought before the magistrate on a warrant of arrest.

A private person may arrest another: 1. For a public offense committed or attempted in the arresting person's presence. 2. When the person arrested has committed a felony, although not in the arresting person's presence. 3. When a felony has been in fact committed, and the arrest…

A private person making an arrest must inform the person to be arrested of the intention to arrest the person, and of the cause of the arrest, unless: 1. The person to be arrested then is engaged in the commission of an offense; 2. Such person is pursued immediately after its com…

A private person, in order to make an arrest when a felony was committed in the arresting person's presence, as authorized in section 29-06-20, if the person is refused admittance after the person has announced the person's purpose and the person reasonably believes an individual…

A private person who has arrested another for the commission of a public offense, without unnecessary delay, shall take the person before a magistrate or deliver the person to a peace officer.

Any person making a lawful arrest shall take from the person arrested all offensive weapons which the person arrested may have and shall deliver them to the magistrate before whom the person arrested is taken.

When an arrest is made by a peace officer or a private person without a warrant, the person arrested without unnecessary delay must be taken: 1. Before the nearest or most accessible magistrate in the county where the arrest is made; or 2. If there is no magistrate in said county…

Any person who has lawfully entered a house for the purpose of making an arrest, or who while therein makes an arrest, may break open the door or window thereof, if detained therein, when necessary to exit the house, and an officer may do the same when necessary for the purpose o…

1. Lawyers provided to represent indigent persons must be compensated at a reasonable rate to be determined by the commission on legal counsel for indigents. Expenses necessary for the adequate defense of an indigent person prosecuted in district court, other than for a violation…

If the accused waives preliminary examination, the state's attorney may cause the testimony of any witness or witnesses to be taken in writing as is provided by law, with the same force and effect as if such examination had not been waived. Such testimony must be returned by the …

Whenever a person accused of a public offense is brought before a municipal judge for examination, and, at any time before the examination is commenced, the person files with the municipal judge an affidavit stating that by reason of the bias or prejudice of the municipal judge t…

The magistrate may exclude all witnesses who have not been examined. The magistrate also may cause the witnesses to be kept separate and to be prevented from communicating with each other until all are examined.

The magistrate holding a preliminary hearing, upon the request of the defendant, may exclude from the examination every person except the magistrate's clerk, the prosecutor and the prosecutor's counsel, the attorney general of the state, the state's attorney of the county, the de…

Bail is the security required and given for the release of a person who is in the custody of the law that the person will appear before any court in which the person's appearance may be required and that the person will do, or refrain from doing, such things as are stipulated in …

Admission to bail is the order of a competent court or magistrate that the defendant be discharged from actual custody upon an undertaking with sufficient sureties for the defendant's appearance. Any magistrate or municipal judge in this state may designate, authorize, and appoin…

The taking of bail consists of the acceptance by a competent court or magistrate, or a legally authorized officer, of an undertaking with sufficient sureties for the appearance of the defendant in person, according to the terms of the undertaking, or that the sureties will pay to…

1. The supreme court shall establish a uniform bail schedule to apply when an individual has been taken into custody and has not yet appeared before the district court for a violation of a state offense to achieve substantial uniformity of bail in district court. 2. The uniform b…

Whenever admission to bail is a matter of discretion, the court, magistrate, or officer to whom application therefor is made shall require reasonable notice thereof to be given to the state's attorney of the county.

The court in which a criminal action is pending, or a judge thereof, for good cause and with or without notice to the defendant, may increase or reduce the amount of bail. If the defendant applies for a reduction of the amount of bail, reasonable notice of such application must b…

Pending the determination of habeas corpus proceedings, a person taken into custody under a warrant issued by the governor of this state upon the requisition of the governor of another state or territory at the discretion of the court or judge may be admitted to bail by the court…

Except as otherwise provided in this section, moneys deposited as bail are the property of the defendant, whether deposited by the defendant or by a third person on the defendant's behalf. If bail moneys are deposited by a third person, the person must be notified at the time of …

If an offense is a misdemeanor, an infraction, or a bailable felony, the bench warrant issued must be in a form similar to form 12 as contained in the appendix to the North Dakota Rules of Criminal Procedure but must add to the body thereof a direction to the following effect: "o…

A defendant, when arrested under a bench warrant for an offense not bailable, must be held in custody by the sheriff of the county in which the information is filed or the indictment found.

If a defendant is brought before a magistrate of another county under a bench warrant for the purpose of giving bail, the magistrate shall proceed in respect thereto in the same manner as if the defendant had been brought before the magistrate upon a warrant of arrest, and the sa…

When an information or indictment is for a felony, and the defendant, before the filing or finding thereof, has given bail for the defendant's appearance to answer the charge, the court to which the information or indictment is presented, or sent, or removed for trial, may order …

If a defendant is present when an order for a bench warrant is made, the defendant must be committed forthwith. If the defendant is not present, a bench warrant must be issued and proceeded upon in the manner provided in this chapter.

If an information is filed without a preliminary examination, or an indictment is returned against a corporation or limited liability company, the clerk of the district court shall issue a summons in the corporate name of the corporation or limited liability company in the form p…

Whenever a sheriff or other officer returns a summons issued as is provided in section 29-12-13 with the officer's certificate showing due service thereof, the corporation or limited liability company, if it does not appear on and after the day appointed in such summons for its a…

1. Subject to the provisions of this section, any party to a civil or criminal action or proceeding pending in the district court may obtain a change of the judge before whom the trial or any proceeding with respect thereto is to be heard by filing with the clerk of the court in …