Native American Law Questions & Answers by State

Native American Law Questions & Answers

Q: disabled person who hired a paralegal who wasn't really a paralegal come to find out, she lied to me

1 Answer | Asked in Real Estate Law, Civil Rights, Landlord - Tenant and Native American Law for California on
Answered on Mar 15, 2019
Manuel Alzamora Juarez's answer
It is always a good idea to get references when hiring a paralegal. I believe you need to hire an attorney. A Paralegal is not allowed to practice law. Sorry you were taken. You have not stated what type of case it is , so no one can answer this or give you advice. Best of luck.

Q: Acoma Pueblo is a sovereign nation. So cyfd and Acoma Pueblo are Collaborated and cyfd took custody of my children. But

1 Answer | Asked in Child Custody, Family Law and Native American Law for New Mexico on
Answered on Feb 28, 2019
Scott E Beemer's answer

I am sorry to hear of your situation.

Dealing with a State Agency on Tribal Lands can be a complex situation. Today many tribes have entered into Intergovernmental Agreements (IGA) with the Children, Youth and Families Department (CYFD) of the State as it pertains to the Indian Child Welfare Act (ICWA). As a result of the July 2015 Tribal State Leaders Summit in New Mexico, CYFD begin the process of communication and collaboration with the following tribes: Pueblo and...

Q: Is there any way to find documentation for a paternity test that was done in the early 90's for Child support?

1 Answer | Asked in Family Law, Child Support and Native American Law for Oklahoma on
Answered on Feb 17, 2019
Pete David Louden's answer
You can get a copy of the child support order from the court clerk.

Q: Is the removal of the indians from their land legal or illegal based on their agreements

1 Answer | Asked in Native American Law for Maryland on
Answered on Feb 14, 2019
Scott E Beemer's answer

Unfortunately, this is an overly broad question to answer. There is much more information needed to accurately address your inquiry. Which Nation, tribe and agreement (i.e. Indian Removal Act of 1830 by President Andrew Jackson and the Five Nations)? What era (Presidents Washington, Jefferson and Lincoln opposed)? Past or present (Original lands or Tribal/Trust lands today)? Note: Many thought (i.e. Davy Crockett, etc.) that the Indian Removal Act was unconstitutional but...

Q: Are GOV vehicles registered to a tribe required to have insurance if driven off the reservation?

1 Answer | Asked in Federal Crimes, Personal Injury, Car Accidents and Native American Law for Washington on
Answered on Jan 23, 2019
Peter N. Munsing's answer
Generally both. Tribal law governs on tribal land. Take the vehicle outside the rez or national boundary, then the state law applies. However tribe should have some type of umbrella policy.

Q: Ok my children got taken away from us by CYFD. And we live on reservation right. So so who takes jurisdiction?

1 Answer | Asked in Native American Law for New Mexico on
Answered on Jan 22, 2019
Scott E Beemer's answer

I am sorry to hear of your situation.

In New Mexico the following tribes have agreements with CYFD:

Mescalero Apache

Navajo Nation

Pueblo of Jemez

Pueblo of Tesuque

Therefore, if you are a member of these tribes CYFD will have jurisdiction under ICWA and CYFD Agreement. In reference to following procedures, I do not know the particulars of the case or whether there were emergent circumstances that warranted the CYFD action(s) in...

Q: What is the monety amou t required bond or surety for a city manager

1 Answer | Asked in Admiralty / Maritime, Constitutional Law, International Law and Native American Law for Oregon on
Answered on Oct 31, 2018
Timur Akpinar's answer
You could try reposting this question and including Municipal Law under your categories. It might have a better chance of being picked up there.

Tim Akpinar

Q: Could I sue someone for using a logo that's part of my religion

1 Answer | Asked in Copyright, Civil Rights and Native American Law for Illinois on
Answered on Oct 21, 2018
Gary Kollin's answer
You can sue for anything. Whether it will be a viable suit or have any legal merit is another thing.

Sounds like you want to sue the Washington Redskins. Read (google) all the articles. Do you think there is a reason no one else is suing?

Q: Hello I am a concerned father,my son was convicted at trial for a case he never knew nothing about and lost at trial

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Native American Law for New York on
Answered on Jul 18, 2018
Aubrey Claudius Galloway's answer
This seems like a miscarriage of justice to me; of course, I would need to read the trial transcript and speak to all necessary parties, but I hope you guys are filed a notice of appeal because this case needs to be appealed.

My practice is chiefly concerns criminal law, and I have been voted by members of legal community as one of the top 10 criminal lawyers in New York (see link at bottom of answer).

Further, if in fact your son was unrepresented in certain key portions but...

Q: My great grandfather died without a will and has oil land in Oklahoma still . My grandmother is passed .do I have rights

1 Answer | Asked in Native American Law and Probate for Oklahoma on
Answered on Apr 17, 2018
Richard Winblad's answer
Possibly, It’s really answer this question requires a lot more information from you I suggest: a attorney that handles probate. If your grandmother theater was entitled to inherit then your parent ( grandmother’s child ) could also inherit

Q: A company working for a tribal payday loan company threatened to issue an arrest warrant for non payment?Live in Ill.

1 Answer | Asked in Consumer Law and Native American Law for Illinois on
Answered on Mar 27, 2018
Steve McCann's answer
No it cannot, and it is a blatant violation of the Fair Debt Collection Practices Act. Do you have any written evidence of the threat? In any event, refrain from speaking with the debt collector and contact an attorney immediately. Many of us offer free consultations, and will advise as to your options moving forward, as it is highly likely this debt collector is in violation of the FDCPA which would entitle you to damages.

Q: I am wanting full custody of my three children? Being a single mom, I can't afford a lawyer. What do I do?

1 Answer | Asked in Family Law and Native American Law for Oklahoma on
Answered on Mar 11, 2018
Gary Johnston Dean's answer
Sorry, but with so many issues, and for the safety of the kids, You should consult an experienced Family Law Attorney, in your area, for help with these problems.

Please visit my website and Subscribe for updates on Oklahoma Law.

Q: Do I have to repay a tribal loan?

1 Answer | Asked in Consumer Law and Native American Law for Maryland on
Answered on Feb 13, 2018
Mark Oakley's answer
It may depend on where the loan was made. If it was legal where made, it may be legal to enforce in MD. If the loan was made here in MD, or solicited here in MD, then the lender is required to be licensed in MD for many types of consumer loans, and the loan is subject to MD laws.

Q: Can a mothers rights be terminated while the mother is incarcerated?

1 Answer | Asked in Family Law and Native American Law for Oklahoma on
Answered on Nov 26, 2017
Gary Johnston Dean's answer
There is no real clear answer, you need to ask this again, and include a lot more facts. But generally, rights cannot be terminated very easily. You should see an experienced family law attorney to help you with this problem.

Please visit my website, for information on Oklahoma law. Then, at the bottom of the homepage, "Subscribe" to get email updates on Oklahoma law

Q: How many variations can be covered in one patent? I created a gaming table that I foresee being done in Multiple ways.

2 Answers | Asked in Native American Law and Patents (Intellectual Property) for Maryland on
Answered on Nov 13, 2017
Peter D. Mlynek's answer
There is no limit how many variations of ONE invention you can cover.

But, you cannot claim more than one invention in one patent. If the Examiner thinks that the claims cover more than one invention, then he/she will issue a restriction and ask you to elect only one invention to prosecute.

The question becomes: if you make the table out of another material, or if you make another way of flipping the table over, is this a new invention or is it just a variation of the same...

Q: my wife took 3 of my car titles in my name only to her indian tribe tag office and came back with titles and in her name

1 Answer | Asked in Civil Litigation, Family Law, Consumer Law and Native American Law for Oklahoma on
Answered on Oct 30, 2017
Pete David Louden's answer
Gather the titles and any other info you have and schedule an appt with an attorney to review your case. After looking at everything you have they will be able to tell you your options.

Q: I need a native law lawyer for sexual harassment. I work for a native casino

1 Answer | Asked in Native American Law and Sexual Harassment for California on
Answered on Jun 29, 2017
Ali Shahrestani, Esq.'s answer
An employment lawyer should suffice, as you have a potential harassment, discrimination, and hostile work environment issue that needs review. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, I practice law in CA, NY, MA, and DC in the following areas...

Q: Can I get spousal support when my husband is in an Indian tribe? That's our only income

1 Answer | Asked in Divorce and Native American Law for Florida on
Answered on Jun 16, 2017
Terrence H Thorgaard's answer
Probably, but what is the kind of income you're asking about?

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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.