Criminal Procedures

After a not guilty plea is entered, a trial date is scheduled. The judge may require a bond.

The City of Bismarck is the plaintiff. The person named in the citation or complaint is the defendant. 

The city prosecutor will subpoena the city’s witnesses to appear at the time scheduled for the hearing. 

The defendant also has the opportunity to subpoena, present witnesses, and present evidence at the hearing. 

The prosecutor and defendant have the opportunity to cross-examine anyone who testifies.

In criminal cases and infractions, the City of Bismarck must prove the elements of the offense beyond a reasonable doubt.

A defendant charged with a criminal offense may be entitled to the services of a public defender if the defendant is determined to be indigent. 

To apply for appointed counsel, a defendant must submit an application containing financial information to the judge at the initial court appearance. The application is available at the Municipal Court.

Public defenders provide legal counsel for indigent defense services. If you need assistance call 701-328-7190 or visit North Dakota Legal Counsel for Indigents.

If found guilty after trial in Municipal Court, the defendant has the right to appeal to District Court for a new trial without a jury. A defendant has 30 days to file an appeal.

There is no jury trial in Municipal Court. A defendant charged with a criminal offense is entitled to a jury trial. 

If a defendant wants a jury trial, it must be requested in writing within 28 days of the not guilty plea. 

If the defendant does request a jury trial the case is transferred to the District Court for a jury. 

If no request is made within the 28 day period, the jury trial is waived and the trial is held in Municipal Court. If found guilty at that trial, the defendant has the right to appeal to the District Court for a new trial, but without a jury.

Provides legal counsel for indigent defense services. If you need assistance contact 701-328-7190 or visit the North Dakota Legal Counsel for Indigents.

Overview

The process of posting bail involves a surety bond, a monetary guarantee to the court that the defendant will return for their scheduled court appearances. 

To post a bail bond in Bismarck, one must pay the full bail amount to the municipal court or at the Burleigh Morton Detention Center.

If you wish to post bond for a person who is being held in jail on a Municipal Court charge, you may do so at Municipal Court during office hours, Monday through Friday, 7:30 am - 5 pm.