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Native American Law Questions & Answers
1 Answer | Asked in Native American Law, Criminal Law, Traffic Tickets and Federal Crimes for California on
Q: Can the sheriff pull you over on an Indian reservation?
Dale S. Gribow
Dale S. Gribow answered on Jan 13, 2022

more info is needed.

if a sheriff is in pursuit, he could do so.

as a rule, it is beyond their jurisdiction and they are usually called by the tribe for booking.

however, some crimes are prosecuted by the Indian Tribe, and if so you should get a criminal lawyer with...
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1 Answer | Asked in Civil Litigation and Native American Law on
Q: Hi! I'd like to ask if court decisions in America are called "Opinions", or they can have some other form?
Tim Akpinar
Tim Akpinar answered on Dec 10, 2021

I can't speak for Native American law; there are attorneys on this forum who are knowledgeable in that area. But you're awaiting a response for two weeks. You're correct; the term "opinion" is used as a general matter in U.S. courts. But words can be used loosely within the... Read more »

1 Answer | Asked in Child Custody, Family Law and Native American Law for Georgia on
Q: My grand child 1yr, mom passed away suddenly and her mother refuses to let her father have her. Claim with Indian Tribe

she's protected to keep his child

I'm at wits end, what to do. He is so upset, how can she kidnap a child, or keep from her biological father?

Homer P Jordan IV
Homer P Jordan IV answered on Dec 10, 2021

The biological father needs to work with an attorney right away, who can review the facts of the case and help with the proper course of action. He may have custody options to explore, but he’ll need the assistance of an attorney.

2 Answers | Asked in Estate Planning, Real Estate Law and Native American Law for California on
Q: My mother-in-law made me executor of her will. Her assets go to my wife and I have a question about the house.

She passed several years ago, and the house is still in the name of her estate. We've been living in the house. First of all, we'd like to transfer the title to us, so we'll need to know how to do that. Beyond that, the house is in disrepair, and either needs to be completely... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 30, 2021

The process of administering a will is called probate. It sounds like the house is still in your mother-in-law's name because no probate was ever done. You need to hire a probate attorney to help you probate your mother-in-law's will. That will get the title to the house updated and... Read more »

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1 Answer | Asked in Tax Law, Cannabis & Marijuana Law, Constitutional Law and Native American Law for Oklahoma on
Q: I’m a Native American business owner on tribal land am I liable to the state government.

I am in the process off renouncing US citizenship and riding solely on my native citizenship. I as a Cherokee citizen should not have to carry US citizenship to have access to my ancestry and my ancestors land. I will ask for a chancellor to come into Indian territory “Oklahoma “ and conduct my... Read more »

Charles Watts
Charles Watts answered on Oct 14, 2021

In a nut shell, the Native American tribes are considered domestic nations within the US not foreign nations (hence no US embassy). As a result you cannot denounce your US citizenship and expect to be able to remain in the US. This would restrict your business as well, unless you became a citizen... Read more »

1 Answer | Asked in Immigration Law, Admiralty / Maritime and Native American Law for North Carolina on
Q: How can my Family Sue for Reparations of Slay

The act of Slavery and Denationalization has erased our history and ability to identify in our indigenous status.. Through Legal Doctrine and the institution of Slavery The United States of America and States thereof are a Party to the Genocide of my people.. The only History that we can trace our... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 7, 2021

Any merits of any civil action must be discussed, examined, and explained to prospective Petitioner by an experienced litigant versed in that area of law intimately.

Thus, research, compare and select such professional for a preliminary case assessment before proceeding.

1 Answer | Asked in Native American Law for Oklahoma on
Q: Im native and im trying to get a motion to dismiss for tulsa,Oklahoma case # CF-2018-1145
Charles Watts
Charles Watts answered on Sep 16, 2021

Good luck on your case. If you have a question you can try posting that. Based on your original statement I would recommend finding a criminal attorney in the Tulsa area and have them assist you.

1 Answer | Asked in Gov & Administrative Law and Native American Law for Michigan on
Q: Can a tribe decide to transfer a case of tribe member 2 tribal court from state court if crime was not on indian proprty

Multiple charges, drug related at a residence of a tribal member. Kids custody affected, and defendant is being treated with cruel an strange threats and absurd penalties

Brent T. Geers
Brent T. Geers answered on Sep 15, 2021

Not only can then, but if it's an abuse or neglect case, different rules apply and the tribal court would have jurisdiction.

1 Answer | Asked in Child Custody, Family Law, Legal Malpractice and Native American Law for Oklahoma on
Q: Is there is remedy or justice available out there other than Legal Aid for people who have been screwed over

I know Ive heard of Pro Bono but does that service even exists - I was represented by a legal aid attorney recently and I would have been better off representing my self.

Anna L Self
Anna L Self answered on Sep 1, 2021

Most pro bono attorneys are referred cases that Legal Aid does not have time to handle.

There are very few resources for free legal services other than legal aid unless you are Native American. If you are Native American then you can contact the tribe to see if they have free legal...
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1 Answer | Asked in Landlord - Tenant and Native American Law for Oklahoma on
Q: Who do i contact when Apts refuse to make needed repairs in section 8 approved apts?

My pregnant daughter and four grand babies are living in a section 8 approved apts that will not make much need repairs I have pics of the black mold on bathroom ceiling walls doors, whole in kitchen ceiling from upstairs flooding, hallway moled carpet soak in water to wear maggots are on carpet... Read more »

Anna L Self
Anna L Self answered on Jul 13, 2021

I would contact Legal Aid if you can't get assistance from the Housing Authority that runs your section 8 program. I would also keep trying with the Housing Authority. In OKC, they have to approve the home before it qualifies for section 8 and it sounds like the apartments should not be... Read more »

2 Answers | Asked in Native American Law, Family Law and Adoption for Utah on
Q: My son wants his stepfather to adopt him, but my son and I are Native American. Can we still file for ourselves in Utah?

My son and I are both members of a federally recognized tribe. We do not live on the reservation. I assume ICWA will apply, but as neither biological father or step father are Native American, I am sure my tribe would consent. Bio father has not contacted my son or paid child support in over 5... Read more »

Jason F. Barnes
Jason F. Barnes answered on Jul 8, 2021

Hello. ICWA is applicable and very complicated when it comes to adoption cases, and the forms on the court's website are for basic adoptions. Honestly, I am surprised that the court's website has adoption forms at all, as there are many varieties of adoption cases and overall they are... Read more »

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1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Native American Law for Michigan on
Q: Requesting parenting time because of a move ahead of us and changing my child's residence?

court-ordered to stay in the county unless other parent okays it

we both have legal and joint custody

parenting time is currently not court specified as we live together but don't couple.

Brent T. Geers
Brent T. Geers answered on Jul 7, 2021

You will likely need to file a motion with the court if there is no agreement. If the child is in school, the staying parent will likely be granted primary physical custody.

1 Answer | Asked in Employment Law and Native American Law for California on
Q: Can my employer force me to wear a mask and threaten termination if I have a medical condition?
Neil Pedersen
Neil Pedersen answered on Jun 27, 2021

Your employer can require you to wear a mask. If you have a medical note indicating that you cannot wear a mask due to a medical condition, that does not mean you get to take the mask off and work like you did before the pandemic. Rather, the employer as the obligation at that time to determine... Read more »

2 Answers | Asked in Personal Injury, Domestic Violence, Native American Law and Securities Law for California on
Q: Dose pachanga security have a right to put their hands on me due to haveing no I'd on my person far from 21 , 43?

Wasn't in casino took dog out to potty security approached ?about my Id in witch I had none boyfriend did .I was demanded to leave in a direction I did know at all I explained I'm not going that way and I'm going back inside to buy breakfast and then I was going to leave I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 1, 2021

Contact a member of the Consumer Attorneys of California (CAOC)--they give free consults. It's possible you have a case though I'm not sure if it is likely to cover the costs of bringing it.

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1 Answer | Asked in Real Estate Law, Libel & Slander and Native American Law for Oklahoma on
Q: they sold my deceased families land & oil & gas minerals without me lnowing and without my consent!

i have to pay everything back for mentioning someone who i caught in my properties. i never whistleblowed.i never wanted to sell proprties now what do i do?

James Tack Jr
James Tack Jr answered on Apr 16, 2021

There is not enough information here to answer. You don't say who sold the property and why. You don't say what monies you are having to pay back and to whom. You should assemble all of your documents related to this matter and consult with an attorney to determine what the issues are and... Read more »

1 Answer | Asked in Personal Injury and Native American Law for California on
Q: I was injured in an attack by a patron while at The Spa Casino in Palm Springs. Medical bills $20k, how to proceed?

I have until May 15th to settle any claims against them. I am 71yrs. old.

Dale S. Gribow
Dale S. Gribow answered on Apr 12, 2021

more info will be needed.

you should contact a Personal Injury Lawyer asap....and one that understands Indian Law, as they have their own tribal court..........assuming you are going after them.

you will have to show why the casino might be responsible for a patron's...
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1 Answer | Asked in Child Custody, Child Support and Native American Law for Utah on
Q: I’m not on the birth certificate and I haven’t taken a paternity test and I don’t want to be apart of it what can I do ?

I don’t want to be apart of the child’s life

Paul Waldron
Paul Waldron answered on Apr 9, 2021

You are not required to spend any time with the child.

As for child support, unfortunately you can only wait for the other shoe to drop or deal with the issue definitively. If you want to simply deal with the issue, you can obtain a paternity test; there are various ways to make this...
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1 Answer | Asked in Family Law, Child Custody, Juvenile Law and Native American Law for Oklahoma on
Q: can i lose my parental rights if i sign perimission to another family member to have partial parental rights?

my daughter lives with my cousin in another town because she is going to school there. They want to get her teeth fixed but in order for them to get her on their military insurance, she has to be part of their family so they want me to sign some kind of temporary parental control or something like... Read more »

Pete David Louden
Pete David Louden answered on Apr 1, 2021

Parental rights in Oklahoma are only terminated in connection with an adoption or for abuse/neglect in a deprived child action. If there is a guardianship where someone else has control of your kids that does not terminate your rights, but it can give that person the right to have possession of... Read more »

1 Answer | Asked in Native American Law, Personal Injury and Gaming for California on
Q: Chemical burns at Indian should I proceed?

I was recently can really meet at a California Indian casino when I suffered chemical burns on the back of my legs due to sitting down on a chair that had been treated with the chemicals that they spray to disinfect against Covid. This caused me severe pain and swelling and caused me to go into... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 28, 2021

more info needed.

you may have a case but the complicating factor is you need not only a PI lawyer but one with experience suing Indian tribes

google for local PI lawyers to see if they have this kind of experience.

1 Answer | Asked in Civil Rights, Juvenile Law and Native American Law for California on
Q: Can cps detain and continue detainment based on one positive drug test? Can it be a er test? Only allegation on case?

Er didn't notify us test was even being done. It was a dip stick test with no 2nd confirmation test. One positive test followed by 6 negitive tests including on day of birth mom and baby tested clean. Cord blood came back clean. Mother has no criminal history of any kind, minor and adult.... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 26, 2020

More information is needed. The mother needs to find and obtain a lawyer with experience in Indian Child Welfare law in order to protect and assert her rights. If she needs your assistance, you need to remember that she will be the client and few attorneys will get involved in advising a client... Read more »

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