Claremore, OK asked in Criminal Law, Federal Crimes and Native American Law for Oklahoma

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 felon anymore? I'm not worried if the Feds were to try to prosecute me as I would be looking forward to those trials now that I know how where the DA played dirty to get the convictions.

Are they gonna claim those past felonies exceed the statute of limitations to file?

2 Lawyer Answers
David A. Cincotta
David A. Cincotta
PREMIUM
Answered
  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: 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 has had (and continues to have) jurisdiction.

The crimes included in the Major Crimes Act are: "murder, manslaughter, kidnapping, maiming, [sexual abuse], incest, a felony assault [within the special maritime and territorial jurisdiction of the United States], an assault against an individual who has not attained the age of 16 years, felony child abuse or neglect, arson, burglary, robbery, and [theft within the special maritime and territorial jurisdiction of the United States]."

Brian Boeheim
Brian Boeheim
Answered
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: The real key is how long ago the alleged crime occurred. The Statute of Limitation for most State charges is 3 years and the Statute of Limitations on most Federal cases is 5 years. If you are outside those windows, then by all means you should have an attorney look into filing a McGirt/Murphy motion. You should also ask for fine/costs/atty fees/and any bond be reimbursed.

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