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Native American Law Questions & Answers
1 Answer | Asked in Contracts, Criminal Law, Admiralty / Maritime and Native American Law for Oklahoma on
Q: In 2016, i was sentenced to a 5 year suspended sentence in oklahoma. The 5 years expired in 2021. What are my options
David A. Cincotta
David A. Cincotta
answered on Oct 3, 2022

If you are posting this question to find out what you can do have the records expunged, you will first need to apply for a pardon or wait. Assuming you conviction was for a non-violent crime, you will likely qualify to have the records expunged five years after your sentence ended (so in 2026).... Read more »

1 Answer | Asked in Constitutional Law and Native American Law for Michigan on
Q: I am a descendant of a native American tribe.. non-tribal member. Can I consider myself to be an independent sovereign?
Brent T. Geers
Brent T. Geers
answered on Sep 25, 2022

You are free to consider yourself whatever you want. However, you will remain subject to all rules, laws, and expectations that apply to everyone else....including tribal members.

1 Answer | Asked in Native American Law and Probate for California on
Q: What is the appropriate form and proper filing method of a motion in CA?

Deterring from the use of a blank pleading page, what other forms are there?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Aug 30, 2022

You need a notice of motion, motion, and sometimes a memorandum of points and authorities. You also need to serve it on the opposing side and reserve a hearing date. You would also sometimes want to draft a proposed order. You would also make sure that it is used on pleading paper.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Native American Law for California on
Q: Can the tribe evict us out of my brother's house on the reservation after he has passed.

The land assignment has been passed down after my grandfather passed who was also chief.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Aug 16, 2022

I would strongly recommend finding a good tribal lawyer who is familiar with tribal law, particularly landlord-tenant issues. This is a niche area of law and it is important that you find quality legal representation.

2 Answers | Asked in Employment Discrimination, Native American Law and Employment Law for California on
Q: I've been slandered,harassed by HR, discriminated do to my disability. Retaliated on . No one will due anything.

Was admitted to me I didn't get a position I applied for was due to my teeth, witch is caused by my disability. Over my 7 years experience and went with 2 year employee I trained. They refuse to fallow ADA, making policies to overlook my position and over looking policies to suit themselves.... Read more »

Brad S Kane
Brad S Kane
answered on Jul 31, 2022

It is illegal to discriminate based upon disability. Denying you a promotion (in favor of non-disabled person) and requiring only you to work weekends (while letting the non-disabled people have weekends off) may be evidence of discrimination. These cases are very fact specific. You should consult... Read more »

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1 Answer | Asked in DUI / DWI, Family Law, Native American Law and Animal / Dog Law for Mississippi on
Q: I’m a victim due in court as the witness in a case of dog I don’t want to press charges. I wrote a statement.

What should I say in court? Should we both get a lawyer? Will this go on our record?

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Jul 19, 2022

It really depends. There is nothing necessarily requiring you to have a lawyer as a victim; however, if there is the possibility of a civil suit for damages against the dog's owner, you may want to seriously consider having a lawyer present so that they can also communicate with the prosecutor... Read more »

1 Answer | Asked in Native American Law and Real Estate Law for Kentucky on
Q: I have rights to mineral land and Indian rights as well and I have no idea what to do

My mother was at least half Cherokee Indian and she was born in Menifee County Kentucky to A.R. in 1939. My half sister still lives on the land and she always refuses to give me any information

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 15, 2022

You would need to re-post your question under Kentucky since the property is located in Kentucky. The laws are different from state to state. Unless the land is tribal land and your mother was a registered member of the tribe or there is some special law in the State of Kentucky regarding Native... Read more »

1 Answer | Asked in Native American Law for Oklahoma on
Q: Okla Bureau of Investigation lab: Are their results valid for controlled subs. in tribal court?

I’m a citizen of the Chickasaw nation. Charged with Misd. Possession of Controlled Substance. Evidence was sent to Oklahoma Bureau of Investigation’s lab to test the substance. My case is being heard in tribal court with my tribe, not the state of Oklahoma. Would OSBI’s results be valid in my... Read more »

Robin Elizabeth Rollins
Robin Elizabeth Rollins
answered on Jun 2, 2022

Hello,

The answer to your question is, yes. The OBI's lab is generally used for most cases throughout Oklahoma, including tribal courts. This discussion does not constitute legal advice, and it is recommended that you speak with your personal attorney regarding this matter.

1 Answer | Asked in Civil Rights, Native American Law and Personal Injury for Georgia on
Q: how do I go about creating a class action lawsuit? just for me and a few people of my town?

With the last election we are having some problems with some people wanting to run a whole community out of their homes. One neighborhood above my home, and mine and my neighbors. There is a company that wants to build 600 homes behind our houses. you know I can't tell them what to do with... Read more »

Tim Akpinar
Tim Akpinar
answered on May 16, 2022

Your question sounds like it could involve a number of different legal areas, and you await a response for two weeks. The short answer is that you and your neighbors could consider a consult with a law firm that has experience with class actions. It would be difficult for an attorney to offer... Read more »

1 Answer | Asked in Collections, Native American Law and Probate for Wisconsin on
Q: My friend died. Can her siblings just give me all of her possessions?

She was estranged from her siblings. They don't want to deal with any of the things that need to happen after someone dies. They've told me I can have her possessions; I know she does not have anything of much value. Is there a way that I can take over here final affairs from the... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Apr 18, 2022

It is difficult to answer your question without knowing exactly what comprises your friend’s estate. But, yes, it is possible for you to be appointed by the court to handle the distribution of her estate. That will probably require the siblings to sign consents. Also, understand that you will... Read more »

1 Answer | Asked in Car Accidents, Gaming and Native American Law for California on
Q: I was at Indian casino parking lot backed out nto a car

that had stopped to wait for a spot my fault? car pointing in opposite direction for flow out parking area. Normally there are no cars behind those spaces. I did look but in blind spot. two scratches. for some reason said lets not report he got estimate for 1000.

Dale S. Gribow
Dale S. Gribow
answered on Mar 22, 2022

More info might be helpful but sounds like you are at fault

1 Answer | Asked in Appeals / Appellate Law, Child Custody, Civil Rights and Native American Law for Texas on
Q: If I have proof can I back this statement up with an appeal

1) caseworker said if I'm negative I don't need to take drug test or treatment

2) there was no violence in my home

3) I am enrolled in a tribe and proof I'm native American

4) I done all my classes and completed them I paid for my classes. Got proof for that... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 13, 2022

If you submit this evidence at the trial level you can use it in your , It would be wise to hire a lawyer.

1 Answer | Asked in Native American Law and Cannabis & Marijuana Law for Oklahoma on
Q: Can a city cop conduct a traffic stop and search the vehicle of a tribal member on tribal land?

He said he had probable cause but they all say that and that he was allowed to search the vehicle. He found a bowl worth of marijuana and threatened me with a felony cause he told me since I'm a tribal member on tribal land it's a felony to have marijuana

Charles Watts
Charles Watts
answered on Feb 22, 2022

It depends on the agencies. There are agencies that are cross-commissioned which means the “city” cop may also be a tribal cop as well.

2 Answers | Asked in Estate Planning, Real Estate Law and Native American Law for Alaska on
Q: How do I find My Land Left to me by my father I'm a Alaska native
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jan 27, 2022

Most real estate attorneys and all title companies can do a search for land in your father's name or in your name (if already transferred). If the land is still in your father's name, you need a probate attorney to help you get it retitled.

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1 Answer | Asked in Native American Law, Criminal Law, Traffic Tickets and Federal Crimes for California on
Q: Can the sheriff pull you over on an Indian reservation?
Dale S. Gribow
Dale S. Gribow
answered on Jan 13, 2022

more info is needed.

if a sheriff is in pursuit, he could do so.

as a rule, it is beyond their jurisdiction and they are usually called by the tribe for booking.

however, some crimes are prosecuted by the Indian Tribe, and if so you should get a criminal lawyer with...
Read more »

1 Answer | Asked in Civil Litigation and Native American Law on
Q: Hi! I'd like to ask if court decisions in America are called "Opinions", or they can have some other form?
Tim Akpinar
Tim Akpinar
answered on Dec 10, 2021

I can't speak for Native American law; there are attorneys on this forum who are knowledgeable in that area. But you're awaiting a response for two weeks. You're correct; the term "opinion" is used as a general matter in U.S. courts. But words can be used loosely within the... Read more »

1 Answer | Asked in Child Custody, Family Law and Native American Law for Georgia on
Q: My grand child 1yr, mom passed away suddenly and her mother refuses to let her father have her. Claim with Indian Tribe

she's protected to keep his child

I'm at wits end, what to do. He is so upset, how can she kidnap a child, or keep from her biological father?

Homer P Jordan IV
Homer P Jordan IV
answered on Dec 10, 2021

The biological father needs to work with an attorney right away, who can review the facts of the case and help with the proper course of action. He may have custody options to explore, but he’ll need the assistance of an attorney.

2 Answers | Asked in Estate Planning, Real Estate Law and Native American Law for California on
Q: My mother-in-law made me executor of her will. Her assets go to my wife and I have a question about the house.

She passed several years ago, and the house is still in the name of her estate. We've been living in the house. First of all, we'd like to transfer the title to us, so we'll need to know how to do that. Beyond that, the house is in disrepair, and either needs to be completely... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Nov 30, 2021

The process of administering a will is called probate. It sounds like the house is still in your mother-in-law's name because no probate was ever done. You need to hire a probate attorney to help you probate your mother-in-law's will. That will get the title to the house updated and... Read more »

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1 Answer | Asked in Tax Law, Cannabis & Marijuana Law, Constitutional Law and Native American Law for Oklahoma on
Q: I’m a Native American business owner on tribal land am I liable to the state government.

I am in the process off renouncing US citizenship and riding solely on my native citizenship. I as a Cherokee citizen should not have to carry US citizenship to have access to my ancestry and my ancestors land. I will ask for a chancellor to come into Indian territory “Oklahoma “ and conduct my... Read more »

Charles Watts
Charles Watts
answered on Oct 14, 2021

In a nut shell, the Native American tribes are considered domestic nations within the US not foreign nations (hence no US embassy). As a result you cannot denounce your US citizenship and expect to be able to remain in the US. This would restrict your business as well, unless you became a citizen... Read more »

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