Shawnee, OK asked in Criminal Law and Native American Law for Oklahoma

Q: If im on probation for violating p.o. and the victim dismiss p.o. and I still on probation?

I'm creek Indian. Should I have went thru tribal court?

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

A: If you are on probation for violating a protective order (P.O.), and the victim decides to dismiss the protective order, it does not automatically mean your probation conditions are lifted. Probation is ordered by the court, and only the court can modify or terminate it. Your probation terms remain in effect until the court changes the order, regardless of the status of the protective order.

Being Creek Indian and whether your case should have gone through tribal court depends on several factors, including where the offense occurred, the nature of the offense, and whether it involved other members of the tribe. Tribal courts have jurisdiction over many cases involving Native Americans on tribal lands, but there are instances where federal or state courts may also have jurisdiction.

It’s advisable to consult with a lawyer who understands both the tribal and state legal systems to explore your options. This professional can provide guidance on whether your case might be eligible for review by the tribal court and advise on how to proceed with modifying or terminating your probation in light of the dismissal of the P.O. Legal advice tailored to your specific situation is crucial in navigating these complexities.

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