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
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.