Title 29, Judicial Procedure, Criminal

The clerk, on the application of the state's attorney, at any time after the order directing a bench warrant to be issued, whether the court is sitting or not, shall issue a bench warrant into one or more counties.

A bench warrant may be served in any county of the state and in the same manner as a warrant of arrest.

Whether a bench warrant issued as provided in section 29-26-06 is served in the county in which it was issued or in another county, the officer shall arrest the defendant and bring the defendant before the court, or commit the defendant to the officer mentioned in the warrant, ac…

When a defendant appears for judgment, the defendant must be informed by the court, or by the clerk under its direction, of the nature of the charge against the defendant, and of the defendant's plea, and the verdict, if any, thereon, and must be asked whether the defendant has a…

The defendant may show cause against pronouncement of judgment: 1. That the defendant is insane; 2. That the defendant has good cause to offer, either in arrest of judgment or for a new trial, in which case the court may order the judgment to be deferred, and may proceed to decid…

When the cause alleged for not pronouncing sentence is insanity, the court, if there is reasonable ground to believe that the defendant is insane, shall postpone the pronouncement of judgment and shall proceed to have the defendant's mental condition determined in the manner pres…

When the reason alleged for not pronouncing sentence is that the person brought before the court to be sentenced is not the person against whom the verdict was rendered, or that the defendant has been pardoned of the offense charged, the court shall postpone the pronouncement of …

Upon a plea of guilty of a crime divided into degrees, the court, if such plea is accepted and the defendant does not designate in the defendant's plea the degree thereof, before passing sentence, shall determine the degree, and the provisions, so far as applicable, of section 29…

After a plea or verdict of guilty, in a case when a discretion is conferred upon the court as to the extent of the punishment, the court, upon the suggestion of either party that there are circumstances which may be properly taken into view, either in aggravation or mitigation of…

Circumstances in aggravation or mitigation of punishment must be presented by testimony of witnesses examined in open court, except when a witness is so sick or infirm as to be unable to attend, that witness's deposition may be taken by a magistrate of the county out of court, at…

A judgment that the defendant pay a fine and costs may not direct that the defendant be imprisoned until both the fine and costs are satisfied. Response to nonpayment of a fine must be as provided in section 12.1-32-05.

1. In all criminal cases except infractions, upon a plea or finding of guilt, the court shall impose a court administration fee in lieu of the assessment of court costs. The court administration fee must include a fee of one hundred twenty-five dollars for a class B misdemeanor, …

The court, within ten years of the date of entry of a judgment that imposes a fine, imposes a requirement that restitution or reparation be paid, or assesses costs against a defendant, may order the judgment to be docketed by the clerk of court in the judgment docket maintained p…

1. If, after a lapse of two years from the filing of a judgment, the board of county commissioners determines the judgment cannot be collected in full, the board of county commissioners may compromise and settle any judgment for fines or costs arising from criminal proceedings wh…

An individual convicted of a felony or misdemeanor shall, as part of the sentence imposed by the court, pay for the reimbursement of the cost of any digital forensic examination performed on any personal electronic device in the investigation and prosecution of the crime for whic…

When judgment upon a conviction is rendered, the clerk shall enter the same upon the minutes, stating briefly the offense for which the conviction has been had, and, as soon as possible, shall annex together and file the following papers which constitute a record of the action: 1…

Nothing in this chapter may be construed as affecting any statute governing suspension of sentence, suspension of imposition of sentence, probation, or parole.

When a judgment imposing a penalty other than a fine only has been pronounced, a certified copy of the entry thereof upon the minutes must be furnished forthwith to the officer whose duty it is to execute the judgment, and no other warrant or authority is necessary to justify or …

If the judgment mentioned in section 29-27-01 imposes a fine or assesses costs and the judgment has been docketed in the judgment docket by order of the court, the judgment is enforceable by execution in the same manner as provided for a judgment for money in a civil action.

Except as otherwise provided by law, all statutory fees, fines, forfeitures, and pecuniary penalties prescribed for a violation of state laws, when collected, must be paid into the treasury of the proper county to be added to the state school fund. When any bail bond or other pro…

If a judgment is for imprisonment, initially or as response to nonpayment of a fine in accordance with section 12.1-32-05, the defendant forthwith must be committed to the custody of the proper officer and be detained by that officer until the judgment is complied with.

When the judgment in a criminal action or proceeding under section 12.1-32-05 is imprisonment in the county jail, the judgment must be executed by the sheriff of the county. In all other cases when the sentence is imprisonment, the sheriff of the county shall deliver the defendan…

If the judgment is for commitment to the legal and physical custody of the department of corrections and rehabilitation, the sheriff of the county, upon receipt of a certified copy thereof, shall take and deliver the defendant to the correctional facility designated by the depart…

1. If a judge of the district court imposes a term of imprisonment to a state correctional facility upon conviction of a felony or a class A misdemeanor, the judge may not designate a state correctional facility in which the offender is to be confined but shall commit the offende…

Either the defendant or the state may take an appeal as provided in this chapter.

An appeal to the supreme court provided for in this chapter may be taken as a matter of right.

An appeal may be taken by the defendant from: 1. A verdict of guilty; 2. A final judgment of conviction; 3. An order refusing a motion in arrest of judgment; 4. An order denying a motion for a new trial; or 5. An order made after judgment affecting any substantial right of the pa…

An appeal may be taken by the state from: 1. An order quashing an information or indictment or any count thereof. 2. An order granting a new trial. 3. An order arresting judgment. 4. An order made after judgment affecting any substantial right of the state. 5. An order granting t…

An appeal taken by the state in no case stays or affects the operation of the judgment in favor of the defendant until the judgment is reversed.

If a judgment against the defendant is reversed without ordering a new trial, the supreme court, if the defendant is in custody, shall direct that the defendant be discharged therefrom, or if on bail, that the defendant's bail be exonerated, or if money was deposited instead of b…

If a verdict against the defendant is affirmed, the original verdict must stand and any court orders thereon, including suspension and deferred imposition of sentence, must be enforced.

If a judgment against the defendant is affirmed, the original judgment must be enforced.

After the certificate of the judgment has been remitted to the court below, the appellate court has no further jurisdiction of the appeal or of the proceedings therein, and all orders necessary to carry the judgment into effect must be made by the district court to which the cert…

If the appeal is taken by the state, the supreme court cannot reverse the judgment or modify it so as to increase the punishment, but may affirm it, and shall point out any errors in the proceedings or in the measure of punishment, and its opinion is obligatory on the district co…

A search warrant is an order in writing, made in the name of the state, signed by a magistrate, directed to a peace officer, commanding the peace officer to search for personal property and to bring it before the magistrate.

An officer directed to serve a search warrant may break open an outer or inner door or window of a house, or any part of the house, or anything therein, to execute the warrant: 1. If, after notice of the officer's authority and purpose, the officer is refused admittance; or 2. Wi…

To execute a search warrant, an officer may break open any outer or inner door or window of a house for the purpose of liberating a person who, having entered to aid the officer in the execution of the warrant, is detained therein, or when necessary for the officer's own liberati…

A person who recklessly and without probable cause causes a search warrant to be issued and executed is guilty of a class A misdemeanor.

When a person charged with a felony is supposed by the magistrate before whom the person is brought to have possession of a dangerous weapon, or anything which may be used as evidence of the commission of the offense, the magistrate may direct the person to be searched in the mag…

A peace officer may stop any person abroad in a public place whom the officer reasonably suspects is committing, has committed, or is about to commit: 1. Any felony. 2. A misdemeanor relating to the possession of a concealed or dangerous weapon or weapons. 3. Burglary or unlawful…

The magistrate who issues a search warrant shall order the information in the complaint and warrant confidential, if the law enforcement officer articulates a reason for the confidentiality that convinces the issuing magistrate that limited confidentiality is necessary for the sa…

1. Any person who is imprisoned in a penal or correctional institution of this state may request final disposition of any untried indictment, information, or complaint pending against that person in this state. The request must be in writing addressed to the court in which the in…

The request must be delivered to the warden or other official having custody of the prisoner, who shall forthwith: 1. Certify the term of commitment under which the prisoner is being held, the time already served on the sentence, the time remaining to be served, the good time ear…

Within ninety days after the receipt of the request and certificate by the court and prosecuting official or within such additional time as the court for good cause shown in open court may grant, the prisoner or the prisoner's counsel being present, the indictment, information, o…

Escape from custody by any prisoner subsequent to the prisoner's execution of a request for final disposition of an untried indictment, information, or complaint voids the request.