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Oklahoma Native American Law Questions & Answers
1 Answer | Asked in Native American Law for Oklahoma on
Q: Okla Bureau of Investigation lab: Are their results valid for controlled subs. in tribal court?

I’m a citizen of the Chickasaw nation. Charged with Misd. Possession of Controlled Substance. Evidence was sent to Oklahoma Bureau of Investigation’s lab to test the substance. My case is being heard in tribal court with my tribe, not the state of Oklahoma. Would OSBI’s results be valid in my... Read more »

Robin Elizabeth Rollins
Robin Elizabeth Rollins
answered on Jun 2, 2022

Hello,

The answer to your question is, yes. The OBI's lab is generally used for most cases throughout Oklahoma, including tribal courts. This discussion does not constitute legal advice, and it is recommended that you speak with your personal attorney regarding this matter.

1 Answer | Asked in Native American Law and Cannabis & Marijuana Law for Oklahoma on
Q: Can a city cop conduct a traffic stop and search the vehicle of a tribal member on tribal land?

He said he had probable cause but they all say that and that he was allowed to search the vehicle. He found a bowl worth of marijuana and threatened me with a felony cause he told me since I'm a tribal member on tribal land it's a felony to have marijuana

Charles Watts
Charles Watts
answered on Feb 22, 2022

It depends on the agencies. There are agencies that are cross-commissioned which means the “city” cop may also be a tribal cop as well.

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 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 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
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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...
Read more »

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
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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 »

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 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 Criminal Law and Native American Law for Oklahoma on
Q: can Title 22. Criminal Procedure §22-445. Transfer to county of proper venue be used when dealing with a Native American
Brian Boeheim
Brian Boeheim
answered on Oct 16, 2020

Subject Matter Jurisdiction issues are being argued based on McGirt and Murphy cases in Oklahoma. You need to be on a role and have a CBID card that shows you have a blood quantum. Further the crime must have occurred on Muskogee/Creek territory. I believe there has just been a ruling regarding... Read more »

2 Answers | Asked in Cannabis & Marijuana Law, Criminal Law, Federal Crimes and Native American Law for Oklahoma on
Q: If someone us currently fighting a possession of marijuana with intent and child neglect charge what do they do

This person is Cherokee indian abd was arrested on cherokee land but not by tribal police....he also has his medical marijuana license

David A. Cincotta
David A. Cincotta
answered on Aug 5, 2020

The best thing you can do is hire a criminal defense attorney and follow your attorney's advice. There are a variety of ways to defend the charges you describe, but each case is different. The defense strategy recommended by your attorney will be largely dependent upon the facts and evidence... Read more »

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2 Answers | Asked in Criminal Law, Federal Crimes and Native American Law for Oklahoma on
Q: I have a few felonies I discharged from years ago in Tulsa. Being Creek Indian can I get those thrown out now?

The Mcgirt case already caused the State to recall a felony warrant they had on me. Since they lacked jurisdiction on the other felonies I had that I discharged over 15yrs ago does that mean I can hire a lawyer to file the paperwork to get those felonies taken off my record and essentially not be a... Read more »

David A. Cincotta
David A. Cincotta
answered on Aug 4, 2020

Yes, that might be possible; however, it is only certain felony crimes that the federal government has exclusive jurisdiction (thus depriving the State of Oklahoma of jurisdiction). For all other felonies committed on Indian Country committed by or against Native Americans, the State of Oklahoma... Read more »

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1 Answer | Asked in Child Custody, Family Law and Native American Law for Oklahoma on
Q: Is it legal for a custodial parent and the supervised visit people to not let u see ur child even tho its in ur courtord

Is it legal for the custodial parent and the supervised visit people to not let u see ur child on a day that u have a Court order saying u r supposed to be allowed 2 2hr visits every week as long as u schedule the visit by wed of the week prior.

I did schedule the visit a head and it was... Read more »

Brian Boeheim
Brian Boeheim
answered on May 9, 2020

Sad to say, this happens more often then you think. Have your attorney, or hire an aggressive family law attorney to file motions to enforce visitation or compel them to follow the court ordered visitation. If you you need help, please feel free to give us a call for a free consult.

2 Answers | Asked in Family Law, Child Custody and Native American Law for Oklahoma on
Q: What would be a reason we are still in emergency temporary guardianship 16 months later?

We have had guardianship of our granddaughter since birth. Its been 16 months and our hearings keep getting continued. We have asked that a motion be filed for permanent guardianship but we get told "no we dont want to do that we are going for guardianship". Isnt a law that after 6 months... Read more »

Hans Otto Lehr
Hans Otto Lehr
answered on Jun 28, 2019

There are several different reasons why an "emergency" guardianship may be continued, and they are all very fact-specific and case-specific. It is not uncommon for different Judges in different counties to handle how they continue "emergencies."

As to your second point,...
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1 Answer | Asked in Family Law, Child Support and Native American Law for Oklahoma on
Q: Is there any way to find documentation for a paternity test that was done in the early 90's for Child support?

I'm needing to prove that my dad is my dad. He wasnt on my original birth certificate but later did a paternity test for child support. We need a court ordered DNA test (which is my 2nd option) so I can apply for a cdib card if I cant locate this info. It seems to have been lost over the years... Read more »

Pete David Louden
Pete David Louden
answered on Feb 17, 2019

You can get a copy of the child support order from the court clerk.

1 Answer | Asked in Native American Law and Probate for Oklahoma on
Q: My great grandfather died without a will and has oil land in Oklahoma still . My grandmother is passed .do I have rights

Has an error to claiming any of that my grandmother was taken from her family and 1930s and never saw her family again. We just in the last five years found out about this land . I have been trying to find somebody to talk to to maybe point me in the right direction . I would love to tell you more

Richard Winblad
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Richard Winblad
answered on Apr 17, 2018

Possibly, It’s really answer this question requires a lot more information from you I suggest: a attorney that handles probate. If your grandmother theater was entitled to inherit then your parent ( grandmother’s child ) could also inherit

1 Answer | Asked in Family Law and Native American Law for Oklahoma on
Q: I am wanting full custody of my three children? Being a single mom, I can't afford a lawyer. What do I do?

The father isn't a safe person, he drinks constantly, doesn't show up on Fridays to pick them up(court-ordered), doesn't notify me either, doesn't buckle up my children in car seats while driving, has random people around them. I'm scared of my kids safety while he has... Read more »

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 11, 2018

Sorry, but with so many issues, and for the safety of the kids, You should consult an experienced Family Law Attorney, in your area, for help with these problems.

Please visit my website https://www.garyjdean.com and Subscribe for updates on Oklahoma Law.

1 Answer | Asked in Family Law and Native American Law for Oklahoma on
Q: Can a mothers rights be terminated while the mother is incarcerated?

Father and girfriend had child was removed by tribal dhs due to domestic violence and drug abuse.

Gary Johnston Dean
Gary Johnston Dean
answered on Nov 26, 2017

There is no real clear answer, you need to ask this again, and include a lot more facts. But generally, rights cannot be terminated very easily. You should see an experienced family law attorney to help you with this problem.

Please visit my website, www.garyjdean.com for information on...
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1 Answer | Asked in Civil Litigation, Family Law, Consumer Law and Native American Law for Oklahoma on
Q: my wife took 3 of my car titles in my name only to her indian tribe tag office and came back with titles and in her name

what can I do legaly and can I sue the tribe for this becacause she said the lady said to sign my name on there and she also signed my name on tax papers

Pete David Louden
Pete David Louden
answered on Oct 30, 2017

Gather the titles and any other info you have and schedule an appt with an attorney to review your case. After looking at everything you have they will be able to tell you your options.

1 Answer | Asked in Civil Rights, Civil Litigation and Native American Law for Oklahoma on
Q: the secretary of the interior,attorney general and secretary of treasury were all summoned.No answer.Past time.

Im acting Pro Se in a native american civil lawsuit.The District court I filed my complaint summoned the Secretary of Interior Ect.... because of jurisdiction.There has been no answer to my complaint and it is way past the time to answer. why isn't anyone responding to any motion I have asked... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 27, 2017

Did you have a summons properly served on each defendant?

1 Answer | Asked in Tax Law and Native American Law for Oklahoma on
Q: How much power does a state have to regulate and tax and/or collect revenue from Tribal Casino's?

By tribal casino, I mean a casino on tribal lands and run by a tribal corportation.

Robert Donald Gifford II
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Robert Donald Gifford II
answered on Mar 25, 2017

The general rule is none, however each tribe enters into a "compact" with the state and the details of that compact govern any monies paid to state coffers.

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