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Arizona Native American Law Questions & Answers
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 Family Law and Native American Law for Arizona on
Q: Does icwa apply in tribal court when they're trying to terminate parental rights?
James L. Arrasmith
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answered on Jul 28, 2023

In matters involving termination of parental rights in tribal court, the Indian Child Welfare Act (ICWA) typically applies. ICWA sets specific requirements and procedures for child custody cases involving Native American children and aims to preserve the integrity of Native American families and... View More

1 Answer | Asked in Native American Law for Arizona on
Q: Why doesn't icwa apply to tribal court proceedings?
James L. Arrasmith
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answered on Jul 10, 2023

The Indian Child Welfare Act (ICWA) is a federal law designed to protect the rights and interests of Native American children in child custody proceedings. While ICWA sets guidelines and requirements for state court proceedings involving Native American children, it generally does not apply to... 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 Consumer Law, Criminal Law, Constitutional Law and Native American Law for Arizona on
Q: Can I get a case thrown out if the incident happened on10/24/2022but issued a warrant on 5/3/2023. Why so late for that?

Was let go the day of the incident

Arrested but on a different case but was a misunderstood and let go

Recently issued a warrant

But when I was getting questioned I was getting questioned by the fbl or Dea about a different case that has nothing to do with me

James L. Arrasmith
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answered on Jul 10, 2023

It's important to consult with a legal professional to understand the specifics of your case and address your concerns about the timing of the warrant. They can review the details, assess any grounds for challenging the case or seeking dismissal, and provide guidance based on their expertise.... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Native American Law for Arizona on
Q: Co-trustee and current beneficiary wants to resign and make me Trustee of Land trust - I'm successor and 2nd beneficiary

The Trustor was my Uncle, and he died in 2017. He and his ex-wife are co-trustees for the land trust, I believe his name is still on it because she couldn't get a death certificate (they divorced in 1987). The ex-wife wants to resign as co-trustee and walk away, leaving me the trust and... View More

Ilene L McCauley
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Ilene L McCauley
answered on Oct 26, 2020

I am so sorry for your loss. This sounds like quite a difficult process.

I don't want to give you any advice, based upon what you wrote. Here is what I think you need to do:

1. Determine the value of the real estate, and whether or not the real estate is in the trust to...
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1 Answer | Asked in Family Law, Child Custody and Native American Law for Arizona on
Q: What do I put on a motion for a telephonic hearing in the navajo nation court on November 15? Do I have time?

The court hearing is up in window rock, and I live in Phoenix. I need to get my kids to school that day, and there isnt enough time for me to get there in time at 10 am, on top of the fact that I dont have a way to get there. I just found out a telephonic hearing was possible, but now there is... View More

Mike Branum
Mike Branum
answered on Nov 3, 2019

The Clerk of Court cannot provide legal advice, but yours is more of a logistical question. They may be able to assist you without filing any paperwork. That is where I would start. Hopefully another attorney with experience with the tribal court will see your question and provide a more informed... View More

1 Answer | Asked in Native American Law for Arizona on
Q: How do I get a post storage hearing on my vehicle which was towed without notice on tribal land

I have been denied a post storage hearing on my vehicle which was towed and now seized on tribunal land. I am the owner I was not the driver. No crime was committed, the driver was parked at a lake in the reservation, game and fish ran his ID, he had warrants,was taken into custody, I later learned... View More

Robert Donald Gifford II
Robert Donald Gifford II
answered on Apr 3, 2017

This answer may vary depending on the state that you are in, but generally the state statutes have no effect on trust land. You need to look to the tribal code for your remedy. You may need to hire an attorney familiar with that tribal court.

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