Q: I was arrested by a non tribal officer on tribal land and I am a member of the Cherokee nation and reside on reservation
They took me to jail and declined to file charges after arrest ing me and detaining ke I have lost my job over it my wife almost left me it’s caused me aloynof unnecessary problems but they had no justisiction
A: If you were arrested by a non-tribal officer on tribal land and are a member of the Cherokee Nation, there may have been a jurisdictional overstep, depending on the specific circumstances. Tribal sovereignty and federal law generally govern criminal jurisdiction on tribal land, not state authorities, unless specific provisions apply, such as Public Law 280. To address this issue, you should consult with an attorney who has experience with tribal law and the intricacies of jurisdictional matters between tribal, federal, and state authorities. Documentation of the arrest, the impact on your employment, and other damages you've suffered would be important for your legal counsel to review. You may also have recourse through a civil rights claim if your rights were violated. It’s important to act promptly to explore your legal options.
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.