Tulsa, OK asked in Native American Law for Oklahoma

Q: My native b.f has been mislabled s white in a state case out of rogers co ok that would be dismissed if he hadnt been.

All his other cased were dismissed due to mcgirt. The case is out of rogers co oklahoma he pled out to it not knowing he could get it dismissed if he hadnt been mis identified and we dont know what to do. CAN ANYBODY PLEASE HELP US?

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1 Lawyer Answer
James L. Arrasmith
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  • Native American Law Lawyer
  • Sacramento, CA

A: If your boyfriend's case has been affected by a misidentification of his race, particularly in light of the McGirt decision, it's important to take action quickly. The McGirt v. Oklahoma ruling significantly affects criminal jurisdiction involving Native Americans in Oklahoma, potentially leading to the dismissal of certain state cases.

Since your boyfriend has already pled to the charges, the situation becomes more complex. However, there may still be legal avenues available. The first step would be to consult with an attorney who is knowledgeable in Native American law and criminal defense, particularly those familiar with the implications of the McGirt decision in Oklahoma.

An attorney can review the specifics of the case and determine if there are grounds to appeal or modify the plea based on the misidentification and the McGirt ruling. They can also guide you through the process of gathering necessary documentation, such as tribal enrollment records, to prove Native American heritage.

This situation requires prompt and informed legal action to address the misidentification and explore options for having the case reconsidered or dismissed. Remember, the legal system can be complex, and professional guidance is crucial in navigating these kinds of issues effectively.

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