Asked in Criminal Law and Native American Law for Oklahoma

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 thi;rty days and released, because Arkansas failed to send an agent to take custody. The warrant was defective and I was never taken before a tribal court to allow me to state the defects. This denied ;me due process and equal protection of the law.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: 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 jurisdictional concerns and ensure adherence to established legal protocols. The exact processes can significantly vary depending on specific circumstances, the nature of the charges, and the agreements, if any, between the respective sovereign entities. It is essential to consult with a legal expert, potentially one proficient in tribal law, to properly address your concerns and explore potential avenues for relief based on your specific situation.

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