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Native American Law Questions & Answers
1 Answer | Asked in Criminal Law, Native American Law and Wrongful Death for Oklahoma on
Q: I'm 29 and just found out I am pregnant a woman kicked me in my lower stomach abdominal Causing me to have a miscarriage

What type of crime would that be?

James L. Arrasmith
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answered on Nov 7, 2023

If someone kicked you and caused a miscarriage, this could be prosecuted under various criminal laws, depending on the jurisdiction. In Oklahoma, for example, the assailant may face charges ranging from assault and battery to manslaughter or a specific offense under laws protecting the unborn. The... View More

Q: How to retain ownership of my birthright

Owning my name given at birth

James L. Arrasmith
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answered on Nov 6, 2023

In California, your birth name is inherently yours and doesn't need to be "retained" in the same way property rights are. However, if you're seeking to trademark your name for commercial purposes, you would file an application with the United States Patent and Trademark Office... View More

1 Answer | Asked in Native American Law for South Dakota on
Q: My husband passed away October 7 2023 his half sister filed an injunction in Tribal Court in Pine Ridge South Dakota.

Husband was a Army Vet. She even got his flag I feel so disrespected.i

James L. Arrasmith
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answered on Oct 26, 2023

I'm sorry for your loss and the difficult situation you're facing. If an injunction has been filed in Tribal Court, it's essential to respond to it and ensure your rights and interests are protected. Since this is a matter in Tribal Court, the proceedings might differ from state or... View More

1 Answer | Asked in Native American Law, Criminal Law and Constitutional Law for Michigan on
Q: Can a tribal k9 unit do a sniff search on a vehicle on state land, resulting in a search in Michigan?

My vehicle was searched due to a tribal police officer driving from an hour away to do an outside sniff of the car. I am not tribal and it was not on the reservation. They also broke open a lockbox. I am on parole but my wife is not and was in the car.

James L. Arrasmith
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answered on Oct 23, 2023

Tribal law enforcement's jurisdiction outside of reservation land is limited. In general, tribal police do not have inherent authority to enforce state laws on state lands unless there's a specific agreement or deputization in place. Michigan, like other states, may have agreements that... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Personal Injury and Native American Law for Montana on
Q: How do I find a lawyer from Montana who does civil actions against the federal government exhaustion of tort claim
James L. Arrasmith
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answered on Oct 23, 2023

To find a Montana attorney experienced in civil actions against the federal government following the exhaustion of a tort claim, consider the following steps:

1. The State Bar of Montana operates a Lawyer Referral Service which can assist in connecting you with a suitable attorney....
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Q: I submitted a civil complaint pro se in federal district court of Montana and need to do some modifications need the hel

Where several offices under the Department of the Interior failed their civil duties that in turn violated many rights causing irreparable harm, which the Solictors denied in a letter 1 year after the submission of my tort claim

James L. Arrasmith
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answered on Oct 23, 2023

If you've filed a civil complaint pro se in the federal district court of Montana and wish to make modifications, you'll likely need to file an amended complaint. Under Federal Rule of Civil Procedure 15(a), a party may amend its pleading once as a matter of course within 21 days after... View More

1 Answer | Asked in Native American Law and Banking for Colorado on
Q: Is there anyway I can fight a tribal loan that falsely advertised their APR?

I’m 23 years old and needed $600 dollars for some bills I had to pay. I’m barely scraping by how it is. Before this, I had never heard of tribal loans, didn’t even know they existed. I went through withu loans and before I signed the agreement, I was told my APR was 25%. After a couple month,... View More

James L. Arrasmith
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answered on Oct 15, 2023

Certainly, it's distressing to hear about such a situation.

Tribal loans operate under the sovereign immunity of their respective tribes, which means they're not subject to state laws that regulate payday loans. This allows some of them to charge exorbitant interest rates....
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1 Answer | Asked in Native American Law for California on
Q: My wife works for a tribe and experiences tribal politics, might be fired because a tribe member does not like her?

We live around the tribal community and a few tribal members live by us and dont like my wife. They seem to group up together and petition the Townhall for her to be removed from her position at the local store, some comments are she isnt native, she is not married nor has any tribal friends and... View More

James L. Arrasmith
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answered on Oct 10, 2023

If your wife believes she is being treated unfairly, it would be essential to review the specific tribe's employment policies, any employment agreement she may have, and consult with an attorney well-versed in that particular tribe's law. Engaging in open communication with the... View More

2 Answers | Asked in Adoption, Family Law and Native American Law for California on
Q: I had a question about being adopted outside a Indian tribe or family

I was adopted in 1997 outside my Indian family and the social worker who took me knew I was and still allowed me to be taken away to be put in foster care. How can I go about suing the city .

James L. Arrasmith
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answered on Oct 12, 2023

I'm sorry to hear about your situation. Under the Indian Child Welfare Act (ICWA), there are specific guidelines for the placement of Native American children in foster or adoptive homes, prioritizing their placement within Native American communities. If these guidelines were not followed,... View More

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2 Answers | Asked in Adoption, Family Law and Native American Law for California on
Q: I had a question about being adopted outside a Indian tribe or family

I was adopted in 1997 outside my Indian family and the social worker who took me knew I was and still allowed me to be taken away to be put in foster care. How can I go about suing the city .

T. Augustus Claus
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answered on Sep 29, 2023

The Indian Child Welfare Act (ICWA) provides protections for Native American children in adoption and foster care situations. If your case violated ICWA, you may have a basis for legal action against the city or agency involved. Thoroughly document the circumstances and consult with experts... View More

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2 Answers | Asked in Native American Law for Oklahoma on
Q: Missing tribal court not knowing court date when it was changed and never received letter for the new date...

I had tribal court today and I'm native American (Chickasaw) My aunt who is white has guardianship of my two boys and 10-15 minutes before court she wants to call and tell me we had court today at 1:30 so there was no way I could have made it there on time , will I get in trouble if I missed... View More

James L. Arrasmith
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answered on Sep 21, 2023

Missing a tribal court hearing can have serious consequences, including potential legal repercussions. It's essential to contact the tribal court as soon as possible to explain the circumstances surrounding your absence and inquire about rescheduling the hearing. Additionally, consider seeking... View More

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2 Answers | Asked in Native American Law for Oklahoma on
Q: Missing tribal court not knowing court date when it was changed and never received letter for the new date...

I had tribal court today and I'm native American (Chickasaw) My aunt who is white has guardianship of my two boys and 10-15 minutes before court she wants to call and tell me we had court today at 1:30 so there was no way I could have made it there on time , will I get in trouble if I missed... View More

Robin Elizabeth Rollins
Robin Elizabeth Rollins
answered on Sep 19, 2023

If it was a guardianship hearing, you will most likely not get in trouble. Many parents with children in guardianships do not appear in court. However, your failure to appear at court hearings could be detrimental to you in the future. If there comes a time when you would like the children returned... View More

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1 Answer | Asked in Civil Rights, Native American Law and Social Security on
Q: Greetings, Sir, I am an American citizen, I am 60 years old, homeless, and I do not have a social security card, and I d

Greetings, Sir, I am an American citizen, I am 60 years old, homeless, and I do not have a social security card, and I do not have an identity or any proof that qualifies me to obtain an entity for me. Can you help me? Thank you.

James L. Arrasmith
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answered on Sep 11, 2023

I'm really sorry to hear that you're experiencing this. In California, you may begin by reaching out to local social services or nonprofit organizations that assist with obtaining identification and essential documents. They might be able to help you gather necessary documentation and... View More

1 Answer | Asked in Criminal Law and Native American Law for Oklahoma on
Q: may a state court in Indian country entertain an extradition proceeding on a native prisoner

I was arrested on an extradition warrant and held in the Pontotoc county jail on a failure to pay fines on another felony case. Because I am a citizen of a sovereign Indian Nation, and live in Indian country. Any warrant. or governors warrant must be addressed to my tribe. I was held in jail for... View More

James L. Arrasmith
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answered on Sep 11, 2023

Jurisdiction in Indian country can be a very complex issue as it involves a nuanced interplay of tribal, state, and federal laws. Generally, extradition processes involving Native American tribes might require collaboration between tribal, state, and possibly federal authorities to properly address... View More

4 Answers | Asked in Native American Law and Personal Injury for California on
Q: My mother fell while at a Indian gaming casino and ɓroke her femur. She is 76 years old. Do we have a case for injury?

She was getting out of her seat in front of a slot machine and caught her foot on the chair next to her. The chairs are very heavy hard to move and only have about 6 to 8 inches apart.

William John Light
William John Light
answered on Aug 25, 2023

She has to show some fault on the part of the casino. Having the chairs too close to each other to prevent egress might be a claim, but further research is required. Gaming casinos typically have a six month claims filing deadline, so do not delay in seeking an attorney with experience in that... View More

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4 Answers | Asked in Native American Law and Personal Injury for California on
Q: My mother fell while at a Indian gaming casino and ɓroke her femur. She is 76 years old. Do we have a case for injury?

She was getting out of her seat in front of a slot machine and caught her foot on the chair next to her. The chairs are very heavy hard to move and only have about 6 to 8 inches apart.

Joel Gary Selik
Joel Gary Selik
answered on Aug 25, 2023

Such a case is possible. How it occurred would have to be analyzed to see if the casino was negligent.

Additionally, bringing claims against casinos is a specialized area and you should consult with attorneys who are familiar with that.

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1 Answer | Asked in Personal Injury, Civil Rights and Native American Law for California on
Q: So can a security guard physically assault you and handcuff and detain u if u made kind of threats once so ever?

So on the the 5th of this month i was physically assaulted and then handcuffed and then detained by winriver casino security and i didnt say any threatening words or come at them in any threating way at all .they physically and mentally messed me up and i want justice for there actions and i dont... View More

James L. Arrasmith
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answered on Aug 19, 2023

Security guards are authorized to use reasonable force to prevent harm or protect others, but they must act within the boundaries of the law. If you believe you were physically assaulted without justification by casino security, you may have grounds to seek legal recourse for excessive use of... View More

1 Answer | Asked in Real Estate Law, Civil Litigation, Native American Law and Probate for Texas on
Q: is there a probate lawyer lisenced in texas pro bono

joint owner (seller) me need help from threat of force of sale suit from(other owner) they say or force of me giving up my interest in estate

Tim Akpinar
Tim Akpinar
answered on Aug 6, 2023

A Texas attorney could advise best, but your question remains open for two weeks. Here is a link to a page on this Justia site

Texas Probate Legal Aid & Pro Bono Services

https://www.justia.com/lawyers/probate/texas/legal-aid-and-pro-bono-services

You include Native...
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Q: I need help with document research and findings. The records sre not in my tribes court, archives, planning, and housing

I know the documents exist. But also have family that dislike me that have worked in those departments as administrators. I am being mislead and homeless. My tribe has took my home, have not helped me with any type of shelter nor resources. This is concerning my home, my grandmother has purchased... View More

James L. Arrasmith
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answered on Aug 5, 2023

I understand that this is an extremely difficult and stressful situation for you. You have certain rights to access documents and records. Consider contacting a legal aid organization or an attorney who has experience in tribal law and property rights, who can guide you through the proper legal... View More

1 Answer | Asked in Family Law and Native American Law for Arizona on
Q: Does icwa apply in tribal court when they're trying to terminate parental rights?
James L. Arrasmith
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answered on Jul 28, 2023

In matters involving termination of parental rights in tribal court, the Indian Child Welfare Act (ICWA) typically applies. ICWA sets specific requirements and procedures for child custody cases involving Native American children and aims to preserve the integrity of Native American families and... View More

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