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answered on Apr 10, 2024
The question of constitutional rights on tribal lands leased by the federal government for camping is complex and depends on the specific circumstances and agreements in place.
In general, tribal lands have a unique legal status. They are considered "domestic dependent nations"... View More 
is places like usa, Hawaii and new Zealand able to see if you have been married before if you are a foreigner and want to get married in one of those countries ?
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answered on Apr 2, 2024
The short answer is yes, other countries, including the USA (and Hawaii, which is part of the USA), and New Zealand, can generally find out if you have been married before, even if you are a foreigner wanting to get married in one of those countries.
When you apply for a marriage license... View More
Could a lease be signed in affect with out legal rights being passed. The lease was for the USA government
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answered on Mar 22, 2024
Under federal regulations concerning Native American trust land, the management and leasing of such land for minors (those under 18) typically require the oversight and approval of a guardian or trustee. This is because minors are considered incapable of entering into binding contracts, including... View More
I Was stopped and arrested wasn’t given a reason for being stopped or a citation but was given citations for what happened after the stop by Arcoma Ok. City police officer that hasn’t been cross deputized it was $1850 to get out I paid a thousand and owe the 850. I’m a citizen of Cherokee... View More
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answered on Mar 21, 2024
In situations involving Native American citizens and law enforcement, the legal jurisdiction can be complex, especially on tribal lands or concerning tribal members. Generally, whether a non-cross-deputized officer has authority to arrest a Cherokee Nation citizen depends on where the incident... View More
The case was bound under murdered not know of an epileptic fellow. Yet the ones incriminated were two minors under 21 yrs of age, one guilty divulged false statement to sign a free release form, yet one not guilty is serving and unfair sentence in Oklahoma. Is there a loophole for early release due... View More
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answered on Mar 21, 2024
In cases where a conviction has been based on questionable grounds, such as unreliable statements or lack of physical evidence, it may be possible to seek a review or appeal. If new evidence has emerged or if there was a significant error in the original trial, this could form the basis for... View More
My brother has not been convicted and did not commit the crimes they have been holding him in jail for since last June I think. They keep pushing his preliminary hearing back I feel due to the fact they don’t have anything to prove the alleged charges. It’s really a long story from when it all... View More
answered on Mar 16, 2024
Criminal charges involving a tribal member as the defendant, as I’m sure you have experienced, can remove a case from state court to a tribal venue. They will always set a bond except, in extreme cases, that would allow your brother to secure his release from custody if he were in the financial... View More
My brother has not been convicted and did not commit the crimes they have been holding him in jail for since last June I think. They keep pushing his preliminary hearing back I feel due to the fact they don’t have anything to prove the alleged charges. It’s really a long story from when it all... View More
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answered on Mar 23, 2024
I understand your concerns regarding your brother's situation and the delays in his preliminary hearing. It's essential to know that, in tribal law, as in other judicial systems, delays can happen for various reasons including investigation needs, legal complexities, or scheduling... View More
Land is personally owned but within reservation boundaries. Have no dealings with tribe. Pay county taxes every year.
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answered on Mar 14, 2024
I understand this must be a frustrating situation. The issue of jurisdiction on reservation land can be complex, even when you personally own the property and pay taxes to the county. Here are a few thoughts and suggestions:
Tribal Sovereignty: Native American tribes are considered... View More
I have receipts, a notorized bill of sale and an affidavit signed by a judge showing ownership. It was originally in my name thru the State but I added his when we registered it thru Cherokee Nation. We did so due to cheaper tags. I have the physical title but somehow he's had my name... View More
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answered on Feb 27, 2024
Given the complexity of your situation, involving both the removal of your name from the vehicle title and the presence of documents proving your ownership, your first step should be to contact the Cherokee Nation's vehicle registration office or the equivalent authority that manages vehicle... View More
I'm creek Indian. Should I have went thru tribal court?
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answered on Feb 25, 2024
If you are on probation for violating a protective order (P.O.), and the victim decides to dismiss the protective order, it does not automatically mean your probation conditions are lifted. Probation is ordered by the court, and only the court can modify or terminate it. Your probation terms remain... View More
I had my rights terminated when my daughter was 3 now she's 15 almost 16 and is having issues in the home with her adopted parents and I was wondering if there's anything I can do get my rights back?
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answered on Feb 25, 2024
In Oklahoma, once parental rights have been terminated, the decision is generally considered final and irreversible. This means that the legal relationship between a parent and a child is permanently severed, making it extremely challenging to regain parental rights after termination. However, each... View More
Ok I was arrested two years ago but was released cuz of my job so I didn't go to jail but the officer was surveillancing a home but I went to check on my son at that residence I was there for close to 15 l
Min but officer has no video of me doing anything illegal he stated I was there... View More
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answered on Feb 24, 2024
In Arizona, the legality of a police stop and search is grounded in whether the officer had probable cause to believe a crime was being committed. Simply being present at a location under surveillance does not automatically provide probable cause. However, the specific circumstances surrounding... View More
Deprived child case. DHS is involved due to Mother assaulting father and ultimately pleaded guilty and the parents are in process of case currently in Jackson County OK. Mother is Kiowa Native father is Non-native and the boy is now 5. He is eligible but not enrolled as of yet. The father does Not... View More
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answered on Feb 4, 2024
In cases involving the potential enrollment of a child in a Native American tribe, such as the Kiowa Tribe, both parents have rights and interests that need to be considered. The Indian Child Welfare Act (ICWA) applies to child custody proceedings involving an Indian child, with specific provisions... View More
I filed for a restraining order in April of 2022 and the prosecutor never received my paperwork. They said they never received it and so when asked, The chief of police had said they lost it, and that they had no record of my case. My restraining order was granted in March of 2023, after I had... View More
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answered on Feb 4, 2024
Facing a situation where your safety concerns and restraining order violations are ignored by law enforcement can be deeply distressing. If tribal police have not adequately addressed these violations, it's understandable to feel overlooked and unprotected.
Considering legal action or... View More
I just want to know how many does after I miss rent bond do the landlord have to file writ of possession I was told if they don’t file the next day after I missed it then they have to wait till the whole case is over
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answered on Feb 4, 2024
In North Carolina, after a tenant misses a rent payment, the landlord must first serve a demand for rent (if required by the lease) and then can file for eviction if the rent remains unpaid. The specific timeline for when a landlord can file for a writ of possession, which is the court order... View More
The child is not enrolled the mother is Kiowa& the case is in a non-native county in SW Ok& the father doesn’t want the child enrolled. The mother is trying to do so in order for odds to be in her favor with her people, who have family members that sit on the Tribe Counsel. She was the... View More
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answered on Feb 4, 2024
In situations involving the Indian Child Welfare Act (ICWA) and child custody, the ICWA provides specific protections for Native American children in custody proceedings. It prioritizes the jurisdiction of tribal courts over state courts for custody cases involving Native American children.... View More
My daughter is 17 and has a driver's license, and her home is only a 5-minute walk from her brother's school...can a 17-year-old pick up a child from school?
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answered on Jan 24, 2024
In California, there is no statewide legal rule specifying that only individuals 18 or older can pick up children from school. The ability of a 17-year-old to pick up a sibling from school largely depends on the policies of the individual school or school district.
Many schools have... View More
Any reason for him to not be talking and developing like a normal child
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answered on Jan 19, 2024
If a 5-year-old is not talking or potty trained and there is no clear medical reason, it warrants further evaluation and support. Some key points:
• Most children say their first words by 12 months and are putting 2-3 words together by age 2. By 5, they typically have a vocabulary of... View More
All his other cased were dismissed due to mcgirt. The case is out of rogers co oklahoma he pled out to it not knowing he could get it dismissed if he hadnt been mis identified and we dont know what to do. CAN ANYBODY PLEASE HELP US?
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answered on Jan 17, 2024
If your boyfriend's case has been affected by a misidentification of his race, particularly in light of the McGirt decision, it's important to take action quickly. The McGirt v. Oklahoma ruling significantly affects criminal jurisdiction involving Native Americans in Oklahoma, potentially... View More
I live on the rez was assaulted on rez by a tribal member who also lives on rez. He was given a peace giver, yet I've still received no word from tribal court. I'm also a tribal member, not from same tribe however.
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answered on Jan 10, 2024
If you feel that you've been denied due process by the tribal court, there are a few steps you can take to seek justice. Firstly, try to directly contact the tribal court to inquire about the status of your case. There may be delays or misunderstandings that can be resolved through... View More
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