Get free answers to your Native American Law legal questions from lawyers in your area.
I contacted the head physician by phone on 12/6/24 and I was informed by the head physician that I will receive a phone call by his nurse with another appointment and I have not received a call. I have asked requested and demanded my seizure medication and I received gabapentin and vitamin D this... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Feb 8, 2025
It sounds like you are dealing with a frustrating and potentially dangerous situation. If you are being denied your seizure medication without explanation, you have the right to demand answers. Start by documenting everything—dates, times, and details of every call, request, and response you’ve... View More
I want to know the laws and rights of the prisoners, for instance, getting these prisoners in facilities like these access to higher education. My source informed me multiple prisoners die daily, weekly. And that the mandatory body cameras are turned on and off at their leisure. Higher education is... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Dec 21, 2024
In Oklahoma, housing eight men in a single cell at Hinton prison may violate state and federal standards for inmate housing. To find the specific square footage of these cells, you can request this information through the Oklahoma Department of Corrections or file a public records request.... View More
The traffic stop occurred roughly 12yrs ago in tulsa ok. insurance on my vehicle had lapsed I refused the blood draw not having knowledge of that qualifying as automatic admission of guilt, this occurred after blowing 0.0 on site & @ station. Field sob test resulted in further exam due to my... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jan 5, 2025
It’s understandable that you want clarity on whether your inpatient rehab completion can replace other requirements. Policies vary by jurisdiction and specific case details, so it's important to ensure that your records meet the necessary criteria set by the court or relevant authorities.... View More
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 James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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... View More
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](http://justatic.com/profile-images/1663188-1715174075-sl.jpeg)
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.
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 James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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
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 James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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
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 James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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
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 James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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
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](http://justatic.com/profile-images/1526854-1510984309-sl.png)
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
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 James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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
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 James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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
I'm creek Indian. Should I have went thru tribal court?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Feb 25, 2024
If you are on probation for violating a protective order (P.O.), and the victim decides to dismiss the protective order, it does not automatically mean your probation conditions are lifted. Probation is ordered by the court, and only the court can modify or terminate it. Your probation terms remain... View More
Deprived child case. DHS is involved due to Mother assaulting father and ultimately pleaded guilty and the parents are in process of case currently in Jackson County OK. Mother is Kiowa Native father is Non-native and the boy is now 5. He is eligible but not enrolled as of yet. The father does Not... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Feb 4, 2024
In cases involving the potential enrollment of a child in a Native American tribe, such as the Kiowa Tribe, both parents have rights and interests that need to be considered. The Indian Child Welfare Act (ICWA) applies to child custody proceedings involving an Indian child, with specific provisions... View More
The child is not enrolled the mother is Kiowa& the case is in a non-native county in SW Ok& the father doesn’t want the child enrolled. The mother is trying to do so in order for odds to be in her favor with her people, who have family members that sit on the Tribe Counsel. She was the... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Feb 4, 2024
In situations involving the Indian Child Welfare Act (ICWA) and child custody, the ICWA provides specific protections for Native American children in custody proceedings. It prioritizes the jurisdiction of tribal courts over state courts for custody cases involving Native American children.... View More
Any reason for him to not be talking and developing like a normal child
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jan 19, 2024
If a 5-year-old is not talking or potty trained and there is no clear medical reason, it warrants further evaluation and support. Some key points:
• Most children say their first words by 12 months and are putting 2-3 words together by age 2. By 5, they typically have a vocabulary of... View More
All his other cased were dismissed due to mcgirt. The case is out of rogers co oklahoma he pled out to it not knowing he could get it dismissed if he hadnt been mis identified and we dont know what to do. CAN ANYBODY PLEASE HELP US?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jan 17, 2024
If your boyfriend's case has been affected by a misidentification of his race, particularly in light of the McGirt decision, it's important to take action quickly. The McGirt v. Oklahoma ruling significantly affects criminal jurisdiction involving Native Americans in Oklahoma, potentially... View More
18 year old also was driving and had a collision while drunk driving and received dui should the 19 year old be punished as well for purchasing it
![T. Augustus Claus T. Augustus Claus](http://justatic.com/profile-images/1664706-1680212684-sl.jpeg)
answered on Jan 1, 2024
In Oklahoma, both the legal drinking age and the legal age for purchasing alcohol are 21. If a 19-year-old illegally purchased alcohol and provided it to an 18-year-old who subsequently got involved in a collision while driving under the influence, the 19-year-old could potentially face legal... View More
It was in tushka oklahom
a by blackwood
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Dec 7, 2023
In Oklahoma, law enforcement officers have the authority to tow a vehicle under certain circumstances. However, if your vehicle simply needed a jump start and was legally parked, the situation might be different.
First, it's important to determine whether your vehicle was obstructing... View More
Justia Ask A Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.