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Native American Law Questions & Answers
1 Answer | Asked in Native American Law for California on
Q: Grew up in foster care (CA), mom is from/enrolled member of turtle mountain band of Chippewa Indians, need help with my

Grew up in foster care (CA), mom is from/enrolled member of turtle mountain band of Chippewa Indians, I was classified under Indian act, however social workers were unable to reunite me to tribe. What can I do ?

I am currently a ‘descendant’ of tribe , through my efforts. But I am being... View More

James L. Arrasmith
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answered on Dec 11, 2024

Your situation with tribal enrollment is complex, but you have several potential paths forward. Under California law, you may be able to petition the court for help obtaining official documentation of your maternal grandfather's identity, which could support your enrollment claim.... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Native American Law for California on
Q: The rules in California for property inventory when arrested and sent to prison.

I was pulled over for unregistered car and they decided to search the car and found illegal items, they then arrested me and I was sent to prison. The only property they say they have of mine after being gone for a year is my mothers phone and mine but what was in my car is the keys to my motor... View More

James L. Arrasmith
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answered on Nov 21, 2024

Your situation involves multiple legal rights regarding property seized during arrest, and California law requires law enforcement to properly inventory and protect personal property.

The sheriff's department must maintain detailed records of all items taken during arrest, and you have...
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1 Answer | Asked in Native American Law for California on
Q: What's the name of the lawyer rep the chukchansi tribe disenrolled members I was disenrolled and need a laywer

My bro and myself were disenrolled this year and need a laywer

James L. Arrasmith
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answered on Nov 15, 2024

I understand you're looking for legal representation regarding disenrollment from the Chukchansi tribe. This is a serious matter that affects many Native American families, and you have the right to seek legal help.

For tribal disenrollment cases, you might want to contact Tim Cerio or...
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1 Answer | Asked in Family Law, Civil Rights and Native American Law for Oregon on
Q: So I just turned 18 October 13th this year I wanted to stay at my mothers but my dad came over and forced me back to his

is this legal they also took my phone my mom gave me and still pays for but I searched up that its still illegal to do so is this also correct?

James L. Arrasmith
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answered on Oct 29, 2024

Turning 18 grants you legal adulthood, meaning you have the right to choose where you live. Your father cannot force you to stay with him against your will. If you prefer to live with your mother, you have the autonomy to make that decision independently.

Taking your phone without your...
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1 Answer | Asked in Native American Law, Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: If probable cause was obtained from officer with no jurisdiction on tribal land is search warrant valid?

City police officer made an arrest of a tribal member at a house on the reservation without jurisdiction. City officer later told tribal police, the residence smelled of Marijuana. Two days later tribal police served search warrant at the residence based on the information obtained from City... View More

James L. Arrasmith
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answered on Oct 29, 2024

In your situation, the search warrant may be invalid due to the initial officer lacking jurisdiction on tribal land. Tribal sovereignty means that tribal police have primary authority on reservations, and actions by non-tribal officers can complicate legal processes.

Since the city officer...
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1 Answer | Asked in Civil Rights, Constitutional Law, Products Liability and Native American Law for Oklahoma on
Q: How do I begin to file with the tort act claim?

It's a hard case because this is the tribal casinos, although I am a tribal member of another tribe. I file a sexual harassment with the HR then I was punished and transferred to another one my benefits started over and the only available shift was 11pm-7am and a no contact agreement was... View More

James L. Arrasmith
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answered on Oct 12, 2024

Starting a tort claim can be complex, especially within a tribal jurisdiction. Begin by gathering all your documentation, including complaints you filed, any correspondence, and evidence of retaliation or harassment. This information will be crucial for your case.

Next, you should reach out...
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1 Answer | Asked in Estate Planning, Family Law and Native American Law for Oklahoma on
Q: What do i need to do to claim my daughters dad's belongings from his brother after he's been deceased for two yrs?

For 13 yrs my daughters dad and i lived together as a marred couple. 7yrs ago his health took a turn for the worse. He was placed on dialysis at home at first and then into a facility later. I was a good candidate for him to have one of my kidneys. So, I started working on meeting all the goals for... View More

Charles Watts
Charles Watts
answered on Oct 7, 2024

Your question is not one that can be answered in this forum with a simple do this or do that. Based on your specific question, you will most likely be working in tribal court first. Contact an attorney who is on the bar of that nation for more specifics on your case.

1 Answer | Asked in Civil Rights, Family Law, Juvenile Law and Native American Law for Washington on
Q: Never finding of found 19-0 past intakes same cps office closed out successfully 19x Police testified No pick up order

Do I just file everything I can to fight cps in court? I only communicate by email or txt. This dependency has gone on over 6yrs. The court has failed to make written findings on the record at any of the 6mo review hearings the 6th month review hearings all get continued to be set special set,... View More

James L. Arrasmith
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answered on Sep 7, 2024

It sounds like you've been through a long and exhausting journey with the court and CPS. When dealing with such a complicated case that involves your family, especially when it has gone on for years and involves issues like the ICWA, it's important to gather every piece of evidence that... View More

1 Answer | Asked in Civil Rights, Native American Law and Probate for Puerto Rico on
Q: I need help to assistance with an ancillary probate in NY related north american company.
James L. Arrasmith
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answered on Jul 28, 2024

Handling an ancillary probate in New York can be a complex process, but breaking it down step by step can make it more manageable. First, you'll need to determine if ancillary probate is required. This typically happens when a deceased person owned property in another state, like New York, but... View More

1 Answer | Asked in Child Custody, Family Law, Domestic Violence and Native American Law for New Mexico on
Q: How would I go about filing for full custody of my children if the person left to Mexico willingly?

The father of my children left to Mexico because he was scared that the FBI was looking for him. He was controlling and very verbally, emotionally and physically abusive. After he left I finally told him that I did not want to be together and that me and my daughters were not going out there to... View More

James L. Arrasmith
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answered on Jul 18, 2024

Filing for full custody of your children while the father is in Mexico and you are on the Navajo reservation can be challenging, but there are steps you can take. Since the Navajo Nation Judicial Court requires his exact address to file, you may need to gather any information you have about his... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Native American Law for Montana on
Q: can fbi agents execute and supervise tribal warrants on tribal land without federal warrants is it a violation.

tribal law and order code criminal procedure states reservation police officers must execute and make arrest of warrants.

James L. Arrasmith
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answered on Jul 18, 2024

FBI agents generally need federal warrants to execute or supervise arrests on tribal land. Tribal warrants should be executed by reservation police officers, as stated in the tribal law and order code.

If FBI agents act without a federal warrant, it might be a violation of tribal...
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1 Answer | Asked in Native American Law for Oklahoma on
Q: Can I sue my tribe for collecting funds and not helping me?

The emergency services says it allows $600 a year and I haven't been help for 45 yrs there's nothing that says how many years

James L. Arrasmith
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answered on Jul 18, 2024

You can consider legal action against your tribe, but it can be complex due to tribal sovereignty. Tribes often have immunity from lawsuits unless they waive it. It would be important to review your tribe's specific policies and agreements regarding fund allocation and assistance.... View More

Q: Can I sue the tribal casinos for verbal sexual harassment, violation of the NO CONTACT AGREEMENT?

I filed a sexual harassment against my supervisor i was punished by being transferred and my benefits started over and taking the only shift available. A NO CONTACT AGREEMENT was effect. A year later I became a customer and no incidents for about an year I didn't look but didn't see... View More

James L. Arrasmith
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answered on Jul 18, 2024

You can pursue legal action against the tribal casinos for verbal sexual harassment and violation of the no-contact agreement. It’s important to document all incidents meticulously, including the date, time, and nature of each occurrence, as well as any communications with the casino regarding... View More

1 Answer | Asked in Native American Law for Oregon on
Q: I’m going on 4th year of being bullied and gangstalked by a group of people who thought that it was okay to put v2k in m

I need help before I just end my life I am feed up can you please help me

James L. Arrasmith
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answered on Jul 18, 2024

I'm really sorry to hear that you're going through such a difficult time. It's important to know that there are people and resources available to support you. Reaching out to a trusted friend, family member, or mental health professional can provide immediate help and a listening... View More

1 Answer | Asked in Native American Law and Workers' Compensation for Montana on
Q: do you do help with cases on indian reservations?

I was injured March 21st in my office and I rolled my right foot breaking 2 bones. I turned everything into the Tribe's insurance which is called Tribal First out of San Diego and was just denied last week due to the work didn't have anything to do with the break. We had a sub-committee... View More

James L. Arrasmith
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answered on Jul 18, 2024

I'm sorry to hear about your injury and the challenges you're facing with the Tribe's insurance. Given the circumstances of your injury, it sounds like it occurred during your workday and in response to a work-related task, even though the exact meeting time had not yet arrived.... View More

Q: I need a business litigation lawyer probono where can I find this help for a native Mexican women business part owner

Azdhs license billing that opened a memtal behavior health clinic to help natives

I'm the licenses holder

Native exploitation for me and 2 others possibly 3

Had a agreement changed operating agreement multiple times

Paid cap out in increments made it sound and... View More

Tim Akpinar
Tim Akpinar
answered on Jul 16, 2024

An Arizona attorney could advise best, but your question remains open for two weeks. Until you are able to discuss with Arizona attorneys familiar with local legal resources, one option might be to look into legal aid organizations or state & local bar associations. Good luck

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1 Answer | Asked in Government Contracts and Native American Law for Montana on
Q: What is the difference between state power of attorney and tribal adult protection act?

I would like to take power of attorney over my Navajo elderly parents but they live on the navajo reservation. I live in Montana. Is getting a power of attorney through the state as good as tribal guardianship?

James L. Arrasmith
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answered on Jul 18, 2024

When considering power of attorney for your Navajo elderly parents, it's important to understand the distinctions between state power of attorney and tribal adult protection acts. A state power of attorney is a legal document that allows you to make decisions on behalf of your parents, but its... View More

1 Answer | Asked in Employment Law and Native American Law for California on
Q: I work for a Native Tribe, but the business is off reservation. Do CA labor laws still apply? They refuse to pay my PTO

They are my former employer. I left 3 months ago and they still have not paid out my PTO

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answered on Jun 10, 2024

In this situation, California labor laws generally still apply, even though your former employer is a Native Tribe and the business is located off the reservation. California law requires employers to pay out accrued, unused vacation time (PTO) upon termination of employment, regardless of the... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Native American Law for North Carolina on
Q: MY SON IS GOING TO COURT FOR HIS 2ND PROBATION VIOLATION IN NC. DO U KNOW THE AMOUNT OTF TIME THAT ENTAILS. HIS FIRST

VIOLATION HE RECIEVED 3 DAYS. THE CODE FOR HIS CHARGE IS 5083 15A-1345. HE HAS ANOTHER CHARGE IN CHEROKEE NC ON TRIBAL LANDS HE HAS 2 DUI CHARGES THERE AND ONE OF THEM THAT HE WAS CHARGED WITH HE WAS OUTSIDE THE VEHICLE WHEN THER OFFICER ARRIVED AND HE GOT CHARGED ANYWAY. ANY ADVICE IN THIS... View More

John D. Pritchard
John D. Pritchard
answered on Jun 7, 2024

If your son's probation violation is for absconding (running away and not allowing himself to be supervised) or for committing a new crime, it is possible his entire sentence could be activated and he would have to serve it. If it is for anything else (not paying money, positive drug tests,... View More

2 Answers | Asked in Native American Law, Gaming and Internet Law on
Q: i have an idea. lets say im living in manhattan. in my neighbor, there are leauges of 10 people. everybody has portfolio
Tim Akpinar
Tim Akpinar
answered on May 27, 2024

Part of your post may have gotten left off. You could repost, again leaving personal information off (since this is a public forum) and including a question. Good luck

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