Q: I live in Oklahoma, can i file a motion to dismiss for lack of jurisdiction in a criminal case? If so how is it done?
A plead of not guilty at arraignment. Second court case is today. I'm representing myself.
A:
I'm not sure I quite understand your question. As a defendant in a criminal case, you have the right to represent yourself and to file motions on your own behalf. That does not mean that doing so is a good strategy or a wise choice.
I would strongly urge you to hire an attorney. You must be careful about the things you file and state in any pleading you file yourself. Jurisdiction is one of those things that is very technical. If you have an initial arraignment, you should be okay appearing by yourself, but I strongly recommend that you hire a criminal defense attorney before your next court date.
A: If you are referring to being an Indian from one of the federally recognized tribes, and the crime occurred on Indian Territory; then you need to file a motion that is very specific to those issues. I would not do this yourself. It should not be expensive, but hire wisely.
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