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Native American Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Native American Law for Florida on
Q: Is there anything to prove that the American Indians actually became US citizens?

My great grand father was born in 1878 and said it never happened because the US had nothing to offer. We couldn't vote until the 1960s don't citizens get to vote?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 19, 2023

The 14th Amendment to the United States Constitution provides, in pertinent part, that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. " Citizenship thus has very little... Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Native American Law for Nebraska on
Q: I want to know what I can do when it comes to a state worker that's suppose to help with a case and not doing her job

A state worker who don't do her job right and don't communicate with her client when it comes to her children. Not helping to point client the right direction in life to do better for the children.

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 16, 2023

If you are experiencing issues with a state worker who is not performing their job duties as required, there are several steps you can take:

Contact the worker's supervisor: The first step you can take is to reach out to the worker's supervisor to report the issues you are having....
Read more »

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Native American Law for Texas on
Q: Hello I'm looking for an attorney that I will assist me in fighting back a predatory lender tribal law attorney.

Can you please gave someone to call me 832.326.6476 I took out a loan for 1500 and now I'm paying 7000 back ridiculous. Any help you can give would be appreciated. It has to be illegal in Texas. How do I fight these people and not have my credit score or be legally sued. Can you assist me in... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 16, 2023

You may also want to contact the National Association of Consumer Advocates, which is an organization of attorneys and consumer advocates who specialize in protecting the rights of consumers against unfair or abusive lending practices. Their website is https://www.consumeradvocates.org/

1 Answer | Asked in Civil Litigation, Civil Rights and Native American Law for Minnesota on
Q: can a person be denied permission to visit a dying family member if they have a removal order from the reservation.

they have an active civil petition for having the removal order lifted court case.ongoing for almost 3 yrs

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 16, 2023

It is possible for a person to be denied permission to visit a dying family member if they have a removal order from the reservation. The decision to grant or deny permission to visit would depend on the specific circumstances of the case, including any applicable tribal laws or regulations.... Read more »

1 Answer | Asked in Native American Law on
Q: I have the abstract title to 1830 dancing rabbit creek treaty and don't know what to do with it.
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 16, 2023

The 1830 Dancing Rabbit Creek Treaty was a historic agreement between the United States government and the Choctaw tribe, which led to the forced removal of thousands of Choctaw people from their ancestral lands in what is now Mississippi.

As for the abstract title that you have, it is...
Read more »

1 Answer | Asked in Native American Law, Public Benefits and Social Security for Oregon on
Q: I believe discrimination bcuz of my name. Tribal Pension (exempt) can't disqualify me for SSA benefits still no Pymt.

Tribal Pension not recognized as income and therefore cannot be used as a income disqualifier for Social Security Benefits- pursuant to findings in order determined by Administrative Law Judge.

Other tribal members do not have their Tribal Pension used as a disqualifier for benefits only... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 16, 2023

If you believe that you are being discriminated against based on your name or any other protected characteristic, you may have legal options available to you.

One possible option is to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the appropriate state agency,...
Read more »

1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Native American Law for Oklahoma on
Q: My mother was murdered June, 2021. It was ruled a suicide within minutes. A Mcgj investigation is ongoing? My rights?

My mother was killed in June 2022 and it was ruled as suicide at the scene of a place she didn’t know and had never been on a river bed. A multi county grand jury is supposedly investigating. I was 17 years old at the time this happened and no one ever informed me she died. Do I have any kind of... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 16, 2023

I am sorry to hear about the loss of your mother and the circumstances surrounding her death. As a victim of a violent crime, you may have certain rights under state and federal law, including the right to be informed about the progress of any investigation or legal proceedings related to your... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Juvenile Law and Native American Law for California on
Q: Need help find legal help son was beat by police hancuffed with batons an they put false stuff on report

Native American an they harass him on a Dailey because of background

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 7, 2023

I'm sorry to hear that your son has been mistreated by the police. If your son was physically harmed by the police and they falsified reports, he may have grounds to pursue legal action against the police department or the individual officers involved.

One option is to contact a civil...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Native American Law for Florida on
Q: If the Indian Removal Act moved the American Indians west how did the Seminoles come to Florida?

Every Seminoles we meet always say they came here to Florida but the Indians from here now call themselves Black. There are no schools that teach them that they are American Indians they teach them that they are Black. Are there any lawyers that will be ready to take the fight when we want to use... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 2, 2023

The Indian Removal Act, which was signed into law by President Andrew Jackson in 1830, forced many Native American tribes to leave their ancestral lands and relocate to areas west of the Mississippi River. However, not all tribes were removed, and some, like the Seminole, resisted relocation and... Read more »

2 Answers | Asked in Personal Injury and Native American Law for California on
Q: I need a personal injury lawyer that is familiar with Indian casino law as I recently had a very scary and painful fall.

I suffered food poisoning after eating a tainted dish from the cafe. Needless to say I was extremely sick as my body tried to eliminate the e.coli anyway possible as I sat in my hotel room bathroom. Upon standing up from toilet, I blacked out and slammed face first into the tile floor/door jamb... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 24, 2023

I'm sorry to hear about your injury. In California, if you were injured on the property of an Indian casino, you may have a legal claim for personal injury. Indian casinos are owned and operated by sovereign nations, and they have their own laws and regulations that may differ from California... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law and Native American Law for Florida on
Q: Why are the whites still in America when the Treaty of Middle Plantation says they must leave.

IV.

Whereas by the mutual Discontents, Complaints, Jealousies and Fears of English and Indians, occasioned by the Violent Intrusions of divers English into their Lands, forcing the Indians by way of Revenge, to kill the Cattel and Hogs of the English, whereby Offence and Injuries being... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 20, 2023

If you have any questions regarding these and other Tribal land issues, you can contact the BIA or Bureau of Indian Affairs in Washington DC, and they can respond to your questions and concerns Good Luck!

1 Answer | Asked in Consumer Law, Criminal Law and Native American Law for Florida on
Q: Why is it so difficult to get honesty?

Some of the lawyers are not honest in their assessments. We need truth not opinions. Things need to be corrected and corrected takes honesty. Honesty takes facts if facts are not known then you do not know the answer.

Jonathan Blecher
Jonathan Blecher PRO label
answered on Feb 10, 2023

Lawyers are, and should be, held to a higher standard than car mechanics. However, sometimes they can only provide general answers and not specific solutions when all the pertinent facts aren't available. Lawyers give opinions all the time, based on the information they have. It may not be an... Read more »

1 Answer | Asked in Native American Law and Criminal Law for Oklahoma on
Q: I have native American blood but no Indian card is there a dna test I can take to show in court to have a state charge

Dismissed due to mcgirt ruling in Oklahoma? I've been trying to get indian card but it's a process my great great grandmother is full blood Cherokee but she passed away years ago so it's hard to get death certificate. How can I get her death certificate?

David A. Cincotta
David A. Cincotta PRO label
answered on Nov 11, 2022

If you have an attorney, your attorney can assist you in this. If you don't have one, you need one. Death Certificates are somewhat difficult to obtain unless you fall within the list of individuals to whom it can be released. The State Department of Health - Office of Vital Statistics is the... Read more »

1 Answer | Asked in Estate Planning, Environmental and Native American Law for Kentucky on
Q: If I wanted to donate land to an Indigenous tribe, where would I start?
Timothy Denison
Timothy Denison
answered on Nov 2, 2022

Research the various tribes, determine to whom you want to donate the land and then transfer the property to the donee.

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Native American Law for Colorado on
Q: Should I sell my interest

I have trust land and the tribes want to buy my interest and conveyance for something

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 19, 2022

Afternoon,

I think you need to get in touch with an attorney specializing in Indian law for your specific tribe. I used to work in oil and gas in a none legal capacity and know there are different levels of ownership within the tribe. I think it would depend if you are an owner, have a...
Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Native American Law for New Jersey on
Q: What laws are in place to prosecute non-Native offenders who commit crimes on Native reservations?
Scott E Beemer
Scott E Beemer
answered on Oct 8, 2022

It depends. Currently, Oklahoma v. Castro-Huerta, a majority of five justices sided with the state of Oklahoma, finding that state governments have the legal jurisdiction to prosecute non-Native citizens for crimes committed against Native citizens on sovereign tribal lands.

1 Answer | Asked in Criminal Law and Native American Law for Oklahoma on
Q: In 2016, i was sentenced to a 5 year suspended sentence in oklahoma. The 5 years expired in 2021. What are my options
David A. Cincotta
David A. Cincotta PRO label
answered on Oct 3, 2022

If you are posting this question to find out what you can do have the records expunged, you will first need to apply for a pardon or wait. Assuming you conviction was for a non-violent crime, you will likely qualify to have the records expunged five years after your sentence ended (so in 2026).... Read more »

1 Answer | Asked in Constitutional Law and Native American Law for Michigan on
Q: I am a descendant of a native American tribe.. non-tribal member. Can I consider myself to be an independent sovereign?
Brent T. Geers
Brent T. Geers
answered on Sep 25, 2022

You are free to consider yourself whatever you want. However, you will remain subject to all rules, laws, and expectations that apply to everyone else....including tribal members.

1 Answer | Asked in Native American Law and Probate for California on
Q: What is the appropriate form and proper filing method of a motion in CA?

Deterring from the use of a blank pleading page, what other forms are there?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Aug 30, 2022

You need a notice of motion, motion, and sometimes a memorandum of points and authorities. You also need to serve it on the opposing side and reserve a hearing date. You would also sometimes want to draft a proposed order. You would also make sure that it is used on pleading paper.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Native American Law for California on
Q: Can the tribe evict us out of my brother's house on the reservation after he has passed.

The land assignment has been passed down after my grandfather passed who was also chief.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Aug 16, 2022

I would strongly recommend finding a good tribal lawyer who is familiar with tribal law, particularly landlord-tenant issues. This is a niche area of law and it is important that you find quality legal representation.

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