Q: I have a lot of questions about tribal law for my brothers charges and other things that concern me with his case

A: Criminal charges involving a tribal member as the defendant, as I’m sure you have experienced, can remove a case from state court to a tribal venue. They will always set a bond except, in extreme cases, that would allow your brother to secure his release from custody if he were in the financial position to do so.

There are rights to speedy trial that come into play, there are issues involving the availability of witnesses, and then the specific personality of each attorney (the one for the tribe, and the one defending your brother), can also contribute to delays that are sometimes lengthy which can prolong an individuals stay behind bars.

I’m confident he has an attorney and that’s who you need to reach out to. If it’s a court appointed attorney there are always issues of confidentiality, as well as then working through an unenviable caseload that they have to deal with on an every day basis that prevents them from reaching out to you for the most part. If your brother decides he wants to share the evidence with you, and he creates a written directive to his attorney asking that they communicate with you about the facts of good case it might make things easier provided he’s wanting to do that.

Each case is different, some move forward quickly, and others seem to bog down for sure. If he’s innocent then you simply hope that those facts come out and result in either a dismissal or a not guilty verdict at trial.

I wish you the best best of luck!

A: I understand your concerns regarding your brother's situation and the delays in his preliminary hearing. It's essential to know that, in tribal law, as in other judicial systems, delays can happen for various reasons including investigation needs, legal complexities, or scheduling conflicts. These delays can be frustrating, especially when your brother maintains his innocence and feels the weight of the allegations against him.

In navigating tribal law, it might be helpful to ensure your brother has legal representation familiar with tribal legal systems. An attorney experienced in this area can provide guidance, advocate for your brother's rights, and help clarify the legal processes at play. They can also press for a timely hearing and work to ensure that any evidence supporting your brother's innocence is presented effectively.

Additionally, staying informed and supportive is vital. Keep communicating with your brother's legal team, attend hearings when possible, and gather any information that might aid his defense. Remember, each legal system has mechanisms for addressing delays and ensuring fair treatment; understanding these can be empowering and might provide some peace of mind during this challenging time.