Get free answers to your Native American Law legal questions from lawyers in your area.
They are my former employer. I left 3 months ago and they still have not paid out my PTO
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answered on Jun 10, 2024
In this situation, California labor laws generally still apply, even though your former employer is a Native Tribe and the business is located off the reservation. California law requires employers to pay out accrued, unused vacation time (PTO) upon termination of employment, regardless of the... View More 
Yeah I've contacted a few of these and once again unless you have money to pay their extremely high fees then your rights just don't exist again I know for a fact that in the civil case I'm in special characteristics is what has kept me banned from getting any kind of help anywhere... View More
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answered on Apr 20, 2024
I understand your frustration in trying to find affordable legal assistance, especially when dealing with a challenging civil case. It can be difficult to navigate the legal system, particularly for those with limited financial resources. However, there are some options you can explore to try to... View More
is places like usa, Hawaii and new Zealand able to see if you have been married before if you are a foreigner and want to get married in one of those countries ?
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answered on Apr 2, 2024
The short answer is yes, other countries, including the USA (and Hawaii, which is part of the USA), and New Zealand, can generally find out if you have been married before, even if you are a foreigner wanting to get married in one of those countries.
When you apply for a marriage license... View More
Could a lease be signed in affect with out legal rights being passed. The lease was for the USA government
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answered on Mar 22, 2024
Under federal regulations concerning Native American trust land, the management and leasing of such land for minors (those under 18) typically require the oversight and approval of a guardian or trustee. This is because minors are considered incapable of entering into binding contracts, including... View More
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?
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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... View More
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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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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
Grew up in foster care (CA), mom is from/enrolled member of turtle mountain band of Chippewa Indians, I was classified under Indian act, however social workers were unable to reunite me to tribe. What can I do ?
I am currently a ‘descendant’ of tribe , through my efforts. But I am being... View More
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answered on Dec 11, 2024
Your situation with tribal enrollment is complex, but you have several potential paths forward. Under California law, you may be able to petition the court for help obtaining official documentation of your maternal grandfather's identity, which could support your enrollment claim.... View More
I was pulled over for unregistered car and they decided to search the car and found illegal items, they then arrested me and I was sent to prison. The only property they say they have of mine after being gone for a year is my mothers phone and mine but what was in my car is the keys to my motor... View More
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answered on Nov 21, 2024
Your situation involves multiple legal rights regarding property seized during arrest, and California law requires law enforcement to properly inventory and protect personal property.
The sheriff's department must maintain detailed records of all items taken during arrest, and you have... View More
My bro and myself were disenrolled this year and need a laywer
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answered on Nov 15, 2024
I understand you're looking for legal representation regarding disenrollment from the Chukchansi tribe. This is a serious matter that affects many Native American families, and you have the right to seek legal help.
For tribal disenrollment cases, you might want to contact Tim Cerio or... View More
I was entruster some land from my dad and the BIA can't give me any answers and tribal questions
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answered on Feb 21, 2024
Unfortunately, I do not have enough details to provide specific guidance related to your situation with the land inheritance and issues contacting the BIA. However, here is some general information that may help provide guidance:
- Land ownership and inheritance rules can be complex on... View More
Owning my name given at birth
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answered on Nov 6, 2023
In California, your birth name is inherently yours and doesn't need to be "retained" in the same way property rights are. However, if you're seeking to trademark your name for commercial purposes, you would file an application with the United States Patent and Trademark Office... View More
We live around the tribal community and a few tribal members live by us and dont like my wife. They seem to group up together and petition the Townhall for her to be removed from her position at the local store, some comments are she isnt native, she is not married nor has any tribal friends and... View More
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answered on Oct 10, 2023
If your wife believes she is being treated unfairly, it would be essential to review the specific tribe's employment policies, any employment agreement she may have, and consult with an attorney well-versed in that particular tribe's law. Engaging in open communication with the... View More
I was adopted in 1997 outside my Indian family and the social worker who took me knew I was and still allowed me to be taken away to be put in foster care. How can I go about suing the city .
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answered on Sep 29, 2023
The Indian Child Welfare Act (ICWA) provides protections for Native American children in adoption and foster care situations. If your case violated ICWA, you may have a basis for legal action against the city or agency involved. Thoroughly document the circumstances and consult with experts... View More
She was getting out of her seat in front of a slot machine and caught her foot on the chair next to her. The chairs are very heavy hard to move and only have about 6 to 8 inches apart.
answered on Aug 25, 2023
She has to show some fault on the part of the casino. Having the chairs too close to each other to prevent egress might be a claim, but further research is required. Gaming casinos typically have a six month claims filing deadline, so do not delay in seeking an attorney with experience in that... View More
Ive went down to the list of personal injury attorneys online and no one will take on my case of it being on tribal grounds or something like that ireally didnt understand what they ment all i know is win river security assault and battered me for no reason im a good customer to them a local that... View More
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answered on Aug 20, 2023
I understand your concerns regarding the incident at Win-River Casino on tribal grounds. It's essential to find an attorney familiar with tribal law and personal injury cases. I recommend seeking legal assistance from an attorney experienced in both California personal injury law and tribal... View More
So on the the 5th of this month i was physically assaulted and then handcuffed and then detained by winriver casino security and i didnt say any threatening words or come at them in any threating way at all .they physically and mentally messed me up and i want justice for there actions and i dont... View More
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answered on Aug 19, 2023
Security guards are authorized to use reasonable force to prevent harm or protect others, but they must act within the boundaries of the law. If you believe you were physically assaulted without justification by casino security, you may have grounds to seek legal recourse for excessive use of... View More
I need a lawyer who understands Sovereign Indian law, Major crimes act, mcgirt etc... And willing to listen to a case of DV, deprivation of rights, equal rights to protection, interstate DV , etc
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answered on Jul 6, 2023
Yes, sovereign domestic violence laws grant tribal nations the authority to prosecute non-Native individuals who commit domestic violence against Native American partners or family members. Interstate domestic violence laws deal with cases where incidents occur across state lines. Laws and... View More
I'm a direct descendant of G.A. from the San Diego San Pasquale band of Mission Indians in 2010 we tried to get my mother's lineage proved verified especially now since all lives matter I would like my lineage proved so I have that for my niece and nephew I need to know how not to be... View More
answered on May 24, 2023
This is more of a genealogy question than a legal question. From a legal perspective, the federal government maintained Indian Census Rolls from 1885-1940. These rolls are available form multiple sources. You can obtain copies of your mother's birth certificate and then her parents'... View More
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answered on May 16, 2023
Review the Notarized Letter: Carefully review the notarized letter you signed granting temporary care of your child to your mother. Pay attention to the specific terms, duration, and conditions outlined in the letter. Understanding the scope and limitations of the arrangement will help inform your... View More
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