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Native American Law Questions & Answers
0 Answers | Asked in Family Law and Native American Law for California on
Q: court order guardianship from the Santee Sioux Nation Indian reservation honored in California family court

I have guardianship of my granddaughter, who is an enrolled member of the Santee Sioux Nation federal tribe of Nebraska. I allowed my daughter(mom) and father, to take granddaughter to Poway, CA. to visit fathers family. My daughter returned to Nebraska following a domestic incident, without my... Read more »

0 Answers | Asked in Family Law, Federal Crimes and Native American Law for Nevada on
Q: Dcfs is saying they have a warrant to obtain my husband phone records in jail, we ask to see warrant they wont show it.

And they are asking for all phone records which involve me his wife his mom and his baby momma. He had a no contact order with his baby momma that is why they want her and his records. But can they get mine and his moms without showing us a warrant we having nothing to do with his case with his... Read more »

0 Answers | Asked in Native American Law for Oklahoma on
Q: Okla Bureau of Investigation lab: Are their results valid for controlled subs. in tribal court?

I’m a citizen of the Chickasaw nation. Charged with Misd. Possession of Controlled Substance. Evidence was sent to Oklahoma Bureau of Investigation’s lab to test the substance. My case is being heard in tribal court with my tribe, not the state of Oklahoma. Would OSBI’s results be valid in my... Read more »

1 Answer | Asked in Civil Rights, Native American Law and Personal Injury for Georgia on
Q: how do I go about creating a class action lawsuit? just for me and a few people of my town?

With the last election we are having some problems with some people wanting to run a whole community out of their homes. One neighborhood above my home, and mine and my neighbors. There is a company that wants to build 600 homes behind our houses. you know I can't tell them what to do with... Read more »

Tim Akpinar
Tim Akpinar answered on May 16, 2022

Your question sounds like it could involve a number of different legal areas, and you await a response for two weeks. The short answer is that you and your neighbors could consider a consult with a law firm that has experience with class actions. It would be difficult for an attorney to offer... Read more »

0 Answers | Asked in Native American Law for Oklahoma on
Q: This is about chick a saw tribal court

If they find something while searching for something else, can they use it against me

1 Answer | Asked in Collections, Native American Law and Probate for Wisconsin on
Q: My friend died. Can her siblings just give me all of her possessions?

She was estranged from her siblings. They don't want to deal with any of the things that need to happen after someone dies. They've told me I can have her possessions; I know she does not have anything of much value. Is there a way that I can take over here final affairs from the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 18, 2022

It is difficult to answer your question without knowing exactly what comprises your friend’s estate. But, yes, it is possible for you to be appointed by the court to handle the distribution of her estate. That will probably require the siblings to sign consents. Also, understand that you will... Read more »

1 Answer | Asked in Car Accidents, Gaming and Native American Law for California on
Q: I was at Indian casino parking lot backed out nto a car

that had stopped to wait for a spot my fault? car pointing in opposite direction for flow out parking area. Normally there are no cars behind those spaces. I did look but in blind spot. two scratches. for some reason said lets not report he got estimate for 1000.

Dale S. Gribow
Dale S. Gribow answered on Mar 22, 2022

More info might be helpful but sounds like you are at fault

1 Answer | Asked in Appeals / Appellate Law, Child Custody, Civil Rights and Native American Law for Texas on
Q: If I have proof can I back this statement up with an appeal

1) caseworker said if I'm negative I don't need to take drug test or treatment

2) there was no violence in my home

3) I am enrolled in a tribe and proof I'm native American

4) I done all my classes and completed them I paid for my classes. Got proof for that... Read more »

Penny Wymyczak-White
Penny Wymyczak-White answered on Mar 13, 2022

If you submit this evidence at the trial level you can use it in your , It would be wise to hire a lawyer.

1 Answer | Asked in Native American Law and Cannabis & Marijuana Law for Oklahoma on
Q: Can a city cop conduct a traffic stop and search the vehicle of a tribal member on tribal land?

He said he had probable cause but they all say that and that he was allowed to search the vehicle. He found a bowl worth of marijuana and threatened me with a felony cause he told me since I'm a tribal member on tribal land it's a felony to have marijuana

Charles Watts
Charles Watts answered on Feb 22, 2022

It depends on the agencies. There are agencies that are cross-commissioned which means the “city” cop may also be a tribal cop as well.

2 Answers | Asked in Estate Planning, Real Estate Law and Native American Law for Alaska on
Q: How do I find My Land Left to me by my father I'm a Alaska native
Nina Whitehurst
Nina Whitehurst answered on Jan 27, 2022

Most real estate attorneys and all title companies can do a search for land in your father's name or in your name (if already transferred). If the land is still in your father's name, you need a probate attorney to help you get it retitled.

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1 Answer | Asked in Native American Law, Criminal Law, Traffic Tickets and Federal Crimes for California on
Q: Can the sheriff pull you over on an Indian reservation?
Dale S. Gribow
Dale S. Gribow answered on Jan 13, 2022

more info is needed.

if a sheriff is in pursuit, he could do so.

as a rule, it is beyond their jurisdiction and they are usually called by the tribe for booking.

however, some crimes are prosecuted by the Indian Tribe, and if so you should get a criminal lawyer with...
Read more »

1 Answer | Asked in Child Custody, Family Law and Native American Law for Georgia on
Q: My grand child 1yr, mom passed away suddenly and her mother refuses to let her father have her. Claim with Indian Tribe

she's protected to keep his child

I'm at wits end, what to do. He is so upset, how can she kidnap a child, or keep from her biological father?

Homer P Jordan IV
Homer P Jordan IV answered on Dec 10, 2021

The biological father needs to work with an attorney right away, who can review the facts of the case and help with the proper course of action. He may have custody options to explore, but he’ll need the assistance of an attorney.

2 Answers | Asked in Estate Planning, Real Estate Law and Native American Law for California on
Q: My mother-in-law made me executor of her will. Her assets go to my wife and I have a question about the house.

She passed several years ago, and the house is still in the name of her estate. We've been living in the house. First of all, we'd like to transfer the title to us, so we'll need to know how to do that. Beyond that, the house is in disrepair, and either needs to be completely... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 30, 2021

The process of administering a will is called probate. It sounds like the house is still in your mother-in-law's name because no probate was ever done. You need to hire a probate attorney to help you probate your mother-in-law's will. That will get the title to the house updated and... Read more »

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1 Answer | Asked in Civil Litigation and Native American Law on
Q: Hi! I'd like to ask if court decisions in America are called "Opinions", or they can have some other form?
Tim Akpinar
Tim Akpinar answered on Dec 10, 2021

I can't speak for Native American law; there are attorneys on this forum who are knowledgeable in that area. But you're awaiting a response for two weeks. You're correct; the term "opinion" is used as a general matter in U.S. courts. But words can be used loosely within the... Read more »

1 Answer | Asked in Tax Law, Cannabis & Marijuana Law, Constitutional Law and Native American Law for Oklahoma on
Q: I’m a Native American business owner on tribal land am I liable to the state government.

I am in the process off renouncing US citizenship and riding solely on my native citizenship. I as a Cherokee citizen should not have to carry US citizenship to have access to my ancestry and my ancestors land. I will ask for a chancellor to come into Indian territory “Oklahoma “ and conduct my... Read more »

Charles Watts
Charles Watts answered on Oct 14, 2021

In a nut shell, the Native American tribes are considered domestic nations within the US not foreign nations (hence no US embassy). As a result you cannot denounce your US citizenship and expect to be able to remain in the US. This would restrict your business as well, unless you became a citizen... Read more »

1 Answer | Asked in Immigration Law, Admiralty / Maritime and Native American Law for North Carolina on
Q: How can my Family Sue for Reparations of Slay

The act of Slavery and Denationalization has erased our history and ability to identify in our indigenous status.. Through Legal Doctrine and the institution of Slavery The United States of America and States thereof are a Party to the Genocide of my people.. The only History that we can trace our... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 7, 2021

Any merits of any civil action must be discussed, examined, and explained to prospective Petitioner by an experienced litigant versed in that area of law intimately.

Thus, research, compare and select such professional for a preliminary case assessment before proceeding.

1 Answer | Asked in Native American Law for Oklahoma on
Q: Im native and im trying to get a motion to dismiss for tulsa,Oklahoma case # CF-2018-1145
Charles Watts
Charles Watts answered on Sep 16, 2021

Good luck on your case. If you have a question you can try posting that. Based on your original statement I would recommend finding a criminal attorney in the Tulsa area and have them assist you.

1 Answer | Asked in Gov & Administrative Law and Native American Law for Michigan on
Q: Can a tribe decide to transfer a case of tribe member 2 tribal court from state court if crime was not on indian proprty

Multiple charges, drug related at a residence of a tribal member. Kids custody affected, and defendant is being treated with cruel an strange threats and absurd penalties

Brent T. Geers
Brent T. Geers answered on Sep 15, 2021

Not only can then, but if it's an abuse or neglect case, different rules apply and the tribal court would have jurisdiction.

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