Tribe: Makah Indian Tribe of the Makah Indian Reservation
l l .4.08 Disposition of Criminal Case. a. Reasons for Dismissal: when the Court dismisses or grants dismissal of a criminal
charge under this Title, the specific reasons for the dismissal shall appear in the
Court file. b. Prohibited Dispositions: The Court shall neither dismiss nor grant dismissal of a
criminal charge under this Title for the sole reason that the victim is uncooperative
or unwilling to testify, unless no other means of prosecution exists. The Court shall
neither dismiss nor grant dismissal of a criminal charge under this Title for the sole
reason that a civil case has or will be filed or resolved, unless an appropriate civil
resolution is accomplished through referral to the Domestic Violence Healing
Court. The Court shall neither order nor accept a plea of nolo contendere or a plea
agreement providing for diversion, other than diversion to the Domestic Violence
Healing Court, deferred prosecution, or deferred sentencing in a case charging a
criminal offense under this Title. […] § 11.9.02 Disposition of Criminal Case. a. “No-Drop” Policy: The Prosecutor shall maintain a “no-drop” prosecution policy,
prohibiting victims of domestic violence from “dropping” criminal charges under
this Title. b. “Victimless” Prosecutiori : A victim of domestic violence shall be encouraged, but
not required, to testify. When a victim is unwilling or unable to testify, the
Prosecutor shall endeavor to proceed with a “victimless” prosecution, employing
police witnesses, expert and other witnesses, written or recorded statements by the
victim, photographs , 911 tapes, medical records, tom or bloodied clothing, ripped
telephone cords, history of past abuse, and other evidence appropriate to the case. c. Motion to Dismiss: When making a motion to dismiss a criminal charge under
this Title, the Prosecutor shall state in writing the specific reasons for the
dismissal. d. Prohibited Dispositions: The Prosecutor shall not move to dismiss a criminal
charge under this Title for the sole reason that the victim is uncooperative or
unwilling to testify, unless no other means of prosecution exists. The Prosecutor
shall not move to dismiss a criminal charge under this Title for the sole reason
that a civil case has or will be filed or resolved. The Prosecutor shall not enter a
plea agreement providing for a nolo contendere plea or for diversion, deferred
prosecution, or deferred sentencing in a case charging a criminal offense under
this Title.