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Native American Law Questions & Answers
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

James L. Arrasmith
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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

0 Answers | Asked in Consumer Law, Contracts, Collections and Native American Law for Washington on
Q: Is an entity unlicensed in WA allowed to sell debt to a debt buyer who is licensed here, and will that be enforceable?

To my understanding, unlicensed lenders in Washington State have no legal right to enforce the repayment of small loans (under $700) and no protections against borrowers defaulting on the debt. If I'm wrong about that, please clarify.

Assuming that's accurate, would an unlicensed... 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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1 Answer | Asked in Immigration Law, Native American Law and International Law for Georgia on
Q: If i visit Taiwan for a holiday can the US cancel my US C1/D Visa? Does USA allow people to visit Taiwan?

I want to visit Taiwan for a holiday and I'll be applying for a Taiwan TAC since I have a US C1/D Visa so I don't need a Visa to visit Taiwan.. but I'm just worried if my visit to Taiwan will cause any problem or if this might lead to my US visa being cancelled.. since i heard that... View More

James L. Arrasmith
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answered on May 10, 2024

The United States generally allows people to visit Taiwan without any consequences to their US visas. Taiwan is not on the list of countries that could potentially lead to issues with a US visa if visited.

The countries you might be referring to are those designated by the US as state...
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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

2 Answers | Asked in Appeals / Appellate Law, Criminal Law, Native American Law and Traffic Tickets for Minnesota on
Q: Is Driving after Cancelation (IPS) ,civil reg. Or criminal? I am a enrolled tribal member, and I was cited on res land

I was cited by a tribal officer, but I was given a Becker Co. Citation, I requested this remain in tribal court and was denied, because the officer believed dac,IPS is a criminal act and would be heard in district court.

James L. Arrasmith
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answered on Apr 16, 2024

Driving after Cancellation (DAC), specifically when labeled as "inimical to public safety" (IPS), is typically regarded as a criminal offense. The categorization as criminal stems from the potential threat to public safety implied by the IPS designation. This determination means that the... View More

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1 Answer | Asked in Constitutional Law and Native American Law for Washington on
Q: Do my constitutional rights exist on American leased camping land on Indian tribal land.
James L. Arrasmith
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answered on Apr 10, 2024

The question of constitutional rights on tribal lands leased by the federal government for camping is complex and depends on the specific circumstances and agreements in place.

In general, tribal lands have a unique legal status. They are considered "domestic dependent nations"...
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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

Q: Someone convicted based on no physical evidence incriminated unlawfully statement, is there a liberation loophole?

The case was bound under murdered not know of an epileptic fellow. Yet the ones incriminated were two minors under 21 yrs of age, one guilty divulged false statement to sign a free release form, yet one not guilty is serving and unfair sentence in Oklahoma. Is there a loophole for early release due... View More

James L. Arrasmith
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answered on Mar 21, 2024

In cases where a conviction has been based on questionable grounds, such as unreliable statements or lack of physical evidence, it may be possible to seek a review or appeal. If new evidence has emerged or if there was a significant error in the original trial, this could form the basis for... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Native American Law for Oklahoma on
Q: Cherokee citizen on travel land, Was arrested by non cross deputized officer

I Was stopped and arrested wasn’t given a reason for being stopped or a citation but was given citations for what happened after the stop by Arcoma Ok. City police officer that hasn’t been cross deputized it was $1850 to get out I paid a thousand and owe the 850. I’m a citizen of Cherokee... View More

James L. Arrasmith
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answered on Mar 21, 2024

In situations involving Native American citizens and law enforcement, the legal jurisdiction can be complex, especially on tribal lands or concerning tribal members. Generally, whether a non-cross-deputized officer has authority to arrest a Cherokee Nation citizen depends on where the incident... View More

2 Answers | Asked in Criminal Law and Native American Law for Oklahoma on
Q: I have a lot of questions about tribal law for my brothers charges and other things that concern me with his case

My brother has not been convicted and did not commit the crimes they have been holding him in jail for since last June I think. They keep pushing his preliminary hearing back I feel due to the fact they don’t have anything to prove the alleged charges. It’s really a long story from when it all... View More

Tracy Tiernan
Tracy Tiernan
answered on Mar 16, 2024

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... View More

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1 Answer | Asked in Real Estate Law, Gov & Administrative Law and Native American Law for Kansas on
Q: Trying get building permit through county that I pay taxes to but being told that I've to go through tribe since on res.

Land is personally owned but within reservation boundaries. Have no dealings with tribe. Pay county taxes every year.

James L. Arrasmith
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answered on Mar 14, 2024

I understand this must be a frustrating situation. The issue of jurisdiction on reservation land can be complex, even when you personally own the property and pay taxes to the county. Here are a few thoughts and suggestions:

Tribal Sovereignty: Native American tribes are considered...
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1 Answer | Asked in International Law and Native American Law for North Dakota on
Q: Hello how do I go about getting rid of the Voice to skull Technology and Remote Neural Monitoring.?

I seek to get rid of the criminals spying on me and potentially illegally broadcasting my life and family’s life to the town, country and world.

James L. Arrasmith
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answered on Mar 31, 2024

If you're experiencing concerns about privacy intrusion through technologies like Voice to Skull (V2K) and Remote Neural Monitoring (RNM), it's essential to approach the situation with a clear and cautious mindset. These technologies, often discussed in speculative contexts, can evoke... View More

1 Answer | Asked in Gov & Administrative Law, Municipal Law and Native American Law for Oklahoma on
Q: My ex has my truck that he claims as his & refuses to give it back. He had my name removed from the title.

I have receipts, a notorized bill of sale and an affidavit signed by a judge showing ownership. It was originally in my name thru the State but I added his when we registered it thru Cherokee Nation. We did so due to cheaper tags. I have the physical title but somehow he's had my name... View More

James L. Arrasmith
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answered on Feb 27, 2024

Given the complexity of your situation, involving both the removal of your name from the vehicle title and the presence of documents proving your ownership, your first step should be to contact the Cherokee Nation's vehicle registration office or the equivalent authority that manages vehicle... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Native American Law for Arizona on
Q: I'm charged with poss of dang drug and it was obtained illegally by the officers

Ok I was arrested two years ago but was released cuz of my job so I didn't go to jail but the officer was surveillancing a home but I went to check on my son at that residence I was there for close to 15 l

Min but officer has no video of me doing anything illegal he stated I was there... View More

James L. Arrasmith
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answered on Feb 24, 2024

In Arizona, the legality of a police stop and search is grounded in whether the officer had probable cause to believe a crime was being committed. Simply being present at a location under surveillance does not automatically provide probable cause. However, the specific circumstances surrounding... 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 Family Law, Child Custody, Juvenile Law and Native American Law for Oklahoma on
Q: Can regain your parental rights after your rights have been terminated?

I had my rights terminated when my daughter was 3 now she's 15 almost 16 and is having issues in the home with her adopted parents and I was wondering if there's anything I can do get my rights back?

James L. Arrasmith
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answered on Feb 25, 2024

In Oklahoma, once parental rights have been terminated, the decision is generally considered final and irreversible. This means that the legal relationship between a parent and a child is permanently severed, making it extremely challenging to regain parental rights after termination. However, each... View More

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