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Native American Law Questions & Answers
1 Answer | Asked in Criminal Law and Native American Law for Oklahoma on
Q: If im on probation for violating p.o. and the victim dismiss p.o. and I still on probation?

I'm creek Indian. Should I have went thru tribal court?

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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

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?

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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

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

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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 Domestic Violence, Family Law, Child Custody and Native American Law for Oklahoma on
Q: Can a parent choose to not enroll an eligible child in a tribe-specifically Kiowa-? What are parental rights here?

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

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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

1 Answer | Asked in Native American Law for Washington on
Q: Tribal police threw out my paperwork and ignored restraining order violations.. is it worth it to sue? What do I do?

I filed for a restraining order in April of 2022 and the prosecutor never received my paperwork. They said they never received it and so when asked, The chief of police had said they lost it, and that they had no record of my case. My restraining order was granted in March of 2023, after I had... View More

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answered on Feb 4, 2024

Facing a situation where your safety concerns and restraining order violations are ignored by law enforcement can be deeply distressing. If tribal police have not adequately addressed these violations, it's understandable to feel overlooked and unprotected.

Considering legal action or...
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1 Answer | Asked in Native American Law and Landlord - Tenant for North Carolina on
Q: If I miss my rent bond what is the deadline for my landlord to file for writ of possession

I just want to know how many does after I miss rent bond do the landlord have to file writ of possession I was told if they don’t file the next day after I missed it then they have to wait till the whole case is over

James L. Arrasmith
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answered on Feb 4, 2024

In North Carolina, after a tenant misses a rent payment, the landlord must first serve a demand for rent (if required by the lease) and then can file for eviction if the rent remains unpaid. The specific timeline for when a landlord can file for a writ of possession, which is the court order... View More

1 Answer | Asked in Domestic Violence, Family Law, Native American Law and Child Custody for Oklahoma on
Q: Can a non-native father OBJECT to the enrollment of his child(5) and the transfer of child custody case to Tribal&ICWA?

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
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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

1 Answer | Asked in Native American Law and Education Law for California on
Q: Does California have a rule that only people 18 or older can pick up kids?

My daughter is 17 and has a driver's license, and her home is only a 5-minute walk from her brother's school...can a 17-year-old pick up a child from school?

James L. Arrasmith
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answered on Jan 24, 2024

In California, there is no statewide legal rule specifying that only individuals 18 or older can pick up children from school. The ability of a 17-year-old to pick up a sibling from school largely depends on the policies of the individual school or school district.

Many schools have...
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1 Answer | Asked in Education Law, Juvenile Law and Native American Law for Oklahoma on
Q: What happens if a child is 5 years of age and still is not talking, or potty trained and his doctors have not found any

Any reason for him to not be talking and developing like a normal child

James L. Arrasmith
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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...
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1 Answer | Asked in Native American Law for Oklahoma on
Q: My native b.f has been mislabled s white in a state case out of rogers co ok that would be dismissed if he hadnt been.

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
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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

1 Answer | Asked in Native American Law for Oregon on
Q: How do I get justice when being denied do proccess through tribal court?

I live on the rez was assaulted on rez by a tribal member who also lives on rez. He was given a peace giver, yet I've still received no word from tribal court. I'm also a tribal member, not from same tribe however.

James L. Arrasmith
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answered on Jan 10, 2024

If you feel that you've been denied due process by the tribal court, there are a few steps you can take to seek justice. Firstly, try to directly contact the tribal court to inquire about the status of your case. There may be delays or misunderstandings that can be resolved through... View More

2 Answers | Asked in Native American Law for Utah on
Q: Where can I purchase 25 usc and 25 cfr .
Tim Akpinar
Tim Akpinar
answered on Jan 6, 2024

You can have those for free online. If you want hard-copy, paperbound books, there are government printing offices (or commercial publishers) that sell them. But if an online reference will do for your needs, you could find those (and other U.S. Codes and Codes of Federal Regulations) online for... View More

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2 Answers | Asked in Native American Law for Utah on
Q: Where can I purchase 25 usc and 25 cfr .
James L. Arrasmith
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answered on Jan 10, 2024

You can purchase copies of Title 25 of the United States Code (USC) and Title 25 of the Code of Federal Regulations (CFR), which relate to Native American law, from several sources.

The U.S. Government Publishing Office (GPO) is a reliable source for purchasing official government...
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2 Answers | Asked in DUI / DWI, Personal Injury, Car Accidents and Native American Law for Oklahoma on
Q: Can a 19 year old who illegally purchased alcohol in oklahoma be punished for furnishing the alcohol to an 18 year old

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

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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

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2 Answers | Asked in DUI / DWI, Personal Injury, Car Accidents and Native American Law for Oklahoma on
Q: Can a 19 year old who illegally purchased alcohol in oklahoma be punished for furnishing the alcohol to an 18 year old

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

James L. Arrasmith
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answered on Jan 1, 2024

In Oklahoma, it is illegal for anyone under 21 to purchase alcohol, and it is also illegal to furnish alcohol to a person under 21. In the scenario you described, the 19-year-old who purchased the alcohol and then provided it to the 18-year-old could indeed face legal consequences.

The law...
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1 Answer | Asked in Native American Law, Criminal Law and Juvenile Law for Louisiana on
Q: What if you get charged with second degree battery but it was three people who jumped on one and only one got charged

They was in a juvenile jail that happened two years ago when they had did this but only one had got charged he only kicked him in the back and got charged with second degree battery

James L. Arrasmith
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answered on Dec 26, 2023

In Louisiana, a charge of second-degree battery typically involves the intentional infliction of serious bodily injury. If only one person out of three involved in a fight was charged, it may be due to a variety of reasons, such as the specific actions of each individual, witness statements, or... View More

2 Answers | Asked in Adoption, Family Law and Native American Law for California on
Q: How do I say CPS if I was in the process of getting my native American paperwork and the adopted my child out and didn't
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answered on Dec 20, 2023

If you were in the process of obtaining your Native American paperwork and your child was adopted out without your knowledge, you may want to express to Child Protective Services (CPS) that you were actively working on the necessary documentation for recognition of your Native American heritage.... View More

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2 Answers | Asked in Adoption, Family Law and Native American Law for California on
Q: How do I say CPS if I was in the process of getting my native American paperwork and the adopted my child out and didn't
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answered on Dec 20, 2023

In cases involving Native American children, the Indian Child Welfare Act (ICWA) provides specific legal standards that must be followed. If your child was adopted out while you were in the process of obtaining your Native American documentation, it’s important to understand how ICWA may apply to... View More

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2 Answers | Asked in Family Law, Civil Litigation, Civil Rights and Native American Law on
Q: Whats required by law for guardian of adult brain/head injury patient? Is an evaluation required by law ?

Adult head injury coma patient under guardianship still 21 years later, no evaluations to check improvements. Sister is now guardian, not fulfilling her obligations, and hadnt seen or spoke to patient 6 years, then just pops up one day had her life flipped upside down for no reason. Patient can... View More

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answered on Dec 19, 2023

In cases involving the guardianship of an adult brain injury patient, legal requirements vary, but guardians are generally expected to act in the ward's best interests. For situations like the one described, where the patient has been under guardianship for 21 years without recent evaluations... View More

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2 Answers | Asked in Family Law, Civil Litigation, Civil Rights and Native American Law on
Q: Whats required by law for guardian of adult brain/head injury patient? Is an evaluation required by law ?

Adult head injury coma patient under guardianship still 21 years later, no evaluations to check improvements. Sister is now guardian, not fulfilling her obligations, and hadnt seen or spoke to patient 6 years, then just pops up one day had her life flipped upside down for no reason. Patient can... View More

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answered on Dec 23, 2023

In cases involving the guardianship of an adult with a brain or head injury, the legal requirements can vary depending on the state's laws. Generally, guardians are expected to act in the best interests of the ward, which includes regular evaluations of their condition and needs.... View More

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