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California Native American Law Questions & Answers
1 Answer | Asked in Native American Law, Federal Crimes and Landlord - Tenant for California on
Q: I have contacted half of the people. Where can you find a lawyer still passionate about Constitution and right ¿Poor

Yeah I've contacted a few of these and once again unless you have money to pay their extremely high fees then your rights just don't exist again I know for a fact that in the civil case I'm in special characteristics is what has kept me banned from getting any kind of help anywhere... View More

James L. Arrasmith
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answered on Apr 20, 2024

I understand your frustration in trying to find affordable legal assistance, especially when dealing with a challenging civil case. It can be difficult to navigate the legal system, particularly for those with limited financial resources. However, there are some options you can explore to try to... View More

1 Answer | Asked in Divorce, Family Law and Native American Law for California on
Q: Can other countries see if I have been married before if I want to get married Abroad?

is places like usa, Hawaii and new Zealand able to see if you have been married before if you are a foreigner and want to get married in one of those countries ?

James L. Arrasmith
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answered on Apr 2, 2024

The short answer is yes, other countries, including the USA (and Hawaii, which is part of the USA), and New Zealand, can generally find out if you have been married before, even if you are a foreigner wanting to get married in one of those countries.

When you apply for a marriage license...
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1 Answer | Asked in Civil Rights, Family Law, Land Use & Zoning and Native American Law for California on
Q: If I owned trust land by native American allotment and was under 18 and Father dead no native legal authorization parent

Could a lease be signed in affect with out legal rights being passed. The lease was for the USA government

James L. Arrasmith
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answered on Mar 22, 2024

Under federal regulations concerning Native American trust land, the management and leasing of such land for minors (those under 18) typically require the oversight and approval of a guardian or trustee. This is because minors are considered incapable of entering into binding contracts, including... View More

1 Answer | Asked in Native American Law for California on
Q: Indian Law

I was entruster some land from my dad and the BIA can't give me any answers and tribal questions

James L. Arrasmith
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answered on Feb 21, 2024

Unfortunately, I do not have enough details to provide specific guidance related to your situation with the land inheritance and issues contacting the BIA. However, here is some general information that may help provide guidance:

- Land ownership and inheritance rules can be complex on...
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1 Answer | Asked in Native American Law and Education Law for California on
Q: Does California have a rule that only people 18 or older can pick up kids?

My daughter is 17 and has a driver's license, and her home is only a 5-minute walk from her brother's school...can a 17-year-old pick up a child from school?

James L. Arrasmith
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answered on Jan 24, 2024

In California, there is no statewide legal rule specifying that only individuals 18 or older can pick up children from school. The ability of a 17-year-old to pick up a sibling from school largely depends on the policies of the individual school or school district.

Many schools have...
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2 Answers | Asked in Adoption, Family Law and Native American Law for California on
Q: How do I say CPS if I was in the process of getting my native American paperwork and the adopted my child out and didn't
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answered on Dec 20, 2023

In cases involving Native American children, the Indian Child Welfare Act (ICWA) provides specific legal standards that must be followed. If your child was adopted out while you were in the process of obtaining your Native American documentation, it’s important to understand how ICWA may apply to... View More

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Q: How to retain ownership of my birthright

Owning my name given at birth

James L. Arrasmith
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answered on Nov 6, 2023

In California, your birth name is inherently yours and doesn't need to be "retained" in the same way property rights are. However, if you're seeking to trademark your name for commercial purposes, you would file an application with the United States Patent and Trademark Office... View More

1 Answer | Asked in Native American Law for California on
Q: My wife works for a tribe and experiences tribal politics, might be fired because a tribe member does not like her?

We live around the tribal community and a few tribal members live by us and dont like my wife. They seem to group up together and petition the Townhall for her to be removed from her position at the local store, some comments are she isnt native, she is not married nor has any tribal friends and... View More

James L. Arrasmith
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answered on Oct 10, 2023

If your wife believes she is being treated unfairly, it would be essential to review the specific tribe's employment policies, any employment agreement she may have, and consult with an attorney well-versed in that particular tribe's law. Engaging in open communication with the... View More

2 Answers | Asked in Adoption, Family Law and Native American Law for California on
Q: I had a question about being adopted outside a Indian tribe or family

I was adopted in 1997 outside my Indian family and the social worker who took me knew I was and still allowed me to be taken away to be put in foster care. How can I go about suing the city .

T. Augustus Claus
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answered on Sep 29, 2023

The Indian Child Welfare Act (ICWA) provides protections for Native American children in adoption and foster care situations. If your case violated ICWA, you may have a basis for legal action against the city or agency involved. Thoroughly document the circumstances and consult with experts... View More

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4 Answers | Asked in Native American Law and Personal Injury for California on
Q: My mother fell while at a Indian gaming casino and ɓroke her femur. She is 76 years old. Do we have a case for injury?

She was getting out of her seat in front of a slot machine and caught her foot on the chair next to her. The chairs are very heavy hard to move and only have about 6 to 8 inches apart.

William John Light
William John Light
answered on Aug 25, 2023

She has to show some fault on the part of the casino. Having the chairs too close to each other to prevent egress might be a claim, but further research is required. Gaming casinos typically have a six month claims filing deadline, so do not delay in seeking an attorney with experience in that... View More

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1 Answer | Asked in Native American Law, Personal Injury and Civil Rights for California on
Q: So i dont no any attorney who will take my case because it happen at winriver casino ,cause its on tribal grounds??

Ive went down to the list of personal injury attorneys online and no one will take on my case of it being on tribal grounds or something like that ireally didnt understand what they ment all i know is win river security assault and battered me for no reason im a good customer to them a local that... View More

James L. Arrasmith
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answered on Aug 20, 2023

I understand your concerns regarding the incident at Win-River Casino on tribal grounds. It's essential to find an attorney familiar with tribal law and personal injury cases. I recommend seeking legal assistance from an attorney experienced in both California personal injury law and tribal... View More

1 Answer | Asked in Personal Injury, Civil Rights and Native American Law for California on
Q: So can a security guard physically assault you and handcuff and detain u if u made kind of threats once so ever?

So on the the 5th of this month i was physically assaulted and then handcuffed and then detained by winriver casino security and i didnt say any threatening words or come at them in any threating way at all .they physically and mentally messed me up and i want justice for there actions and i dont... View More

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answered on Aug 19, 2023

Security guards are authorized to use reasonable force to prevent harm or protect others, but they must act within the boundaries of the law. If you believe you were physically assaulted without justification by casino security, you may have grounds to seek legal recourse for excessive use of... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Native American Law for California on
Q: Are there any federal lawyers who are familiar with PL280, sovereign as well as interstate DV laws

I need a lawyer who understands Sovereign Indian law, Major crimes act, mcgirt etc... And willing to listen to a case of DV, deprivation of rights, equal rights to protection, interstate DV , etc

James L. Arrasmith
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answered on Jul 6, 2023

Yes, sovereign domestic violence laws grant tribal nations the authority to prosecute non-Native individuals who commit domestic violence against Native American partners or family members. Interstate domestic violence laws deal with cases where incidents occur across state lines. Laws and... View More

2 Answers | Asked in Native American Law for California on
Q: How do I get my lineage proved

I'm a direct descendant of G.A. from the San Diego San Pasquale band of Mission Indians in 2010 we tried to get my mother's lineage proved verified especially now since all lives matter I would like my lineage proved so I have that for my niece and nephew I need to know how not to be... View More

John Michael Frick
John Michael Frick
answered on May 24, 2023

This is more of a genealogy question than a legal question. From a legal perspective, the federal government maintained Indian Census Rolls from 1885-1940. These rolls are available form multiple sources. You can obtain copies of your mother's birth certificate and then her parents'... View More

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1 Answer | Asked in Child Custody, Family Law and Native American Law for California on
Q: i signed a notarized letter for my mom to care for my son and now she filed for guardianship how do i get my child back
James L. Arrasmith
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answered on May 16, 2023

Review the Notarized Letter: Carefully review the notarized letter you signed granting temporary care of your child to your mother. Pay attention to the specific terms, duration, and conditions outlined in the letter. Understanding the scope and limitations of the arrangement will help inform your... View More

1 Answer | Asked in Civil Rights, Health Care Law, Native American Law and Social Security for California on
Q: As a homeless sole mother in no argument not permanent solution with a complex.A sole mother as unapplicable ??

Need consultation to Have the Full right protect my living adults as a primary decision to allow 3adults to fulfill the future Ned's of one living sole mother with no resurface oof a breach as fault.Closed,past. Current affairs of a loss is now a issues per All government to County support.2024

James L. Arrasmith
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answered on May 22, 2023

I'm sorry, but I'm having difficulty understanding your request and the specific details you are providing. If you are a homeless single mother seeking consultation and support to protect your living situation and ensure the well-being of yourself and your dependents, I recommend reaching... View More

1 Answer | Asked in Civil Rights, Health Care Law, Native American Law and Social Security for California on
Q: As a homeless sole mother in no argument not permanent solution with a complex.A sole mother as unapplicable ??

Need consultation to Have the Full right protect my living adults as a primary decision to allow 3adults to fulfill the future Ned's of one living sole mother with no resurface oof a breach as fault.Closed,past. Current affairs of a loss is now a issues per All government to County support.2024

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answered on May 16, 2023

In your situation, it is crucial to reach out to local resources and organizations that specialize in assisting homeless individuals, especially single parents. These organizations can provide guidance, support, and access to resources that may help you secure stable housing and address any complex... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Juvenile Law and Native American Law for California on
Q: Need help find legal help son was beat by police hancuffed with batons an they put false stuff on report

Native American an they harass him on a Dailey because of background

James L. Arrasmith
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answered on Mar 7, 2023

I'm sorry to hear that your son has been mistreated by the police. If your son was physically harmed by the police and they falsified reports, he may have grounds to pursue legal action against the police department or the individual officers involved.

One option is to contact a civil...
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2 Answers | Asked in Personal Injury and Native American Law for California on
Q: I need a personal injury lawyer that is familiar with Indian casino law as I recently had a very scary and painful fall.

I suffered food poisoning after eating a tainted dish from the cafe. Needless to say I was extremely sick as my body tried to eliminate the e.coli anyway possible as I sat in my hotel room bathroom. Upon standing up from toilet, I blacked out and slammed face first into the tile floor/door jamb... View More

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answered on Feb 24, 2023

I'm sorry to hear about your injury. In California, if you were injured on the property of an Indian casino, you may have a legal claim for personal injury. Indian casinos are owned and operated by sovereign nations, and they have their own laws and regulations that may differ from California... View More

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1 Answer | Asked in Native American Law and Probate for California on
Q: What is the appropriate form and proper filing method of a motion in CA?

Deterring from the use of a blank pleading page, what other forms are there?

James L. Arrasmith
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answered on Aug 30, 2022

You need a notice of motion, motion, and sometimes a memorandum of points and authorities. You also need to serve it on the opposing side and reserve a hearing date. You would also sometimes want to draft a proposed order. You would also make sure that it is used on pleading paper.

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