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I Was stopped and arrested wasn’t given a reason for being stopped or a citation but was given citations for what happened after the stop by Arcoma Ok. City police officer that hasn’t been cross deputized it was $1850 to get out I paid a thousand and owe the 850. I’m a citizen of Cherokee... View More 
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answered on Mar 21, 2024
In situations involving Native American citizens and law enforcement, the legal jurisdiction can be complex, especially on tribal lands or concerning tribal members. Generally, whether a non-cross-deputized officer has authority to arrest a Cherokee Nation citizen depends on where the incident... View More
The case was bound under murdered not know of an epileptic fellow. Yet the ones incriminated were two minors under 21 yrs of age, one guilty divulged false statement to sign a free release form, yet one not guilty is serving and unfair sentence in Oklahoma. Is there a loophole for early release due... View More
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answered on Mar 21, 2024
In cases where a conviction has been based on questionable grounds, such as unreliable statements or lack of physical evidence, it may be possible to seek a review or appeal. If new evidence has emerged or if there was a significant error in the original trial, this could form the basis for... View More
My brother has not been convicted and did not commit the crimes they have been holding him in jail for since last June I think. They keep pushing his preliminary hearing back I feel due to the fact they don’t have anything to prove the alleged charges. It’s really a long story from when it all... View More
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answered on Mar 23, 2024
I understand your concerns regarding your brother's situation and the delays in his preliminary hearing. It's essential to know that, in tribal law, as in other judicial systems, delays can happen for various reasons including investigation needs, legal complexities, or scheduling... View More
My brother has not been convicted and did not commit the crimes they have been holding him in jail for since last June I think. They keep pushing his preliminary hearing back I feel due to the fact they don’t have anything to prove the alleged charges. It’s really a long story from when it all... View More
answered on Mar 16, 2024
Criminal charges involving a tribal member as the defendant, as I’m sure you have experienced, can remove a case from state court to a tribal venue. They will always set a bond except, in extreme cases, that would allow your brother to secure his release from custody if he were in the financial... View More
I have receipts, a notorized bill of sale and an affidavit signed by a judge showing ownership. It was originally in my name thru the State but I added his when we registered it thru Cherokee Nation. We did so due to cheaper tags. I have the physical title but somehow he's had my name... View More
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answered on Feb 27, 2024
Given the complexity of your situation, involving both the removal of your name from the vehicle title and the presence of documents proving your ownership, your first step should be to contact the Cherokee Nation's vehicle registration office or the equivalent authority that manages vehicle... View More
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
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
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
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
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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
Any reason for him to not be talking and developing like a normal child
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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... View More
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?
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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
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, 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... View More
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
It was in tushka oklahom
a by blackwood
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answered on Dec 7, 2023
In Oklahoma, law enforcement officers have the authority to tow a vehicle under certain circumstances. However, if your vehicle simply needed a jump start and was legally parked, the situation might be different.
First, it's important to determine whether your vehicle was obstructing... View More
Under certain commissions, therefore are sometimes witnesses to prosecuting cases, is that enough to file in a separate district or as an original proceeding in the tenth circuit?
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answered on Dec 5, 2023
In the scenario you're describing, where defendants are frequently involved in prosecuting cases in a specific district federal court, concerns about potential conflicts of interest or bias might arise. These concerns can be a valid basis to request a change of venue or to file in a different... View More
It's a hard case because this is the tribal casinos, although I am a tribal member of another tribe. I file a sexual harassment with the HR then I was punished and transferred to another one my benefits started over and the only available shift was 11pm-7am and a no contact agreement was... View More
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answered on Oct 12, 2024
Starting a tort claim can be complex, especially within a tribal jurisdiction. Begin by gathering all your documentation, including complaints you filed, any correspondence, and evidence of retaliation or harassment. This information will be crucial for your case.
Next, you should reach out... View More
For 13 yrs my daughters dad and i lived together as a marred couple. 7yrs ago his health took a turn for the worse. He was placed on dialysis at home at first and then into a facility later. I was a good candidate for him to have one of my kidneys. So, I started working on meeting all the goals for... View More
answered on Oct 7, 2024
Your question is not one that can be answered in this forum with a simple do this or do that. Based on your specific question, you will most likely be working in tribal court first. Contact an attorney who is on the bar of that nation for more specifics on your case.
I filed a sexual harassment against my supervisor i was punished by being transferred and my benefits started over and taking the only shift available. A NO CONTACT AGREEMENT was effect. A year later I became a customer and no incidents for about an year I didn't look but didn't see... View More
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answered on Jul 18, 2024
You can pursue legal action against the tribal casinos for verbal sexual harassment and violation of the no-contact agreement. It’s important to document all incidents meticulously, including the date, time, and nature of each occurrence, as well as any communications with the casino regarding... View More
The emergency services says it allows $600 a year and I haven't been help for 45 yrs there's nothing that says how many years
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answered on Jul 18, 2024
You can consider legal action against your tribe, but it can be complex due to tribal sovereignty. Tribes often have immunity from lawsuits unless they waive it. It would be important to review your tribe's specific policies and agreements regarding fund allocation and assistance.... View More
The crime falls under MAJOR CRIMES ACT. I am the victim of the crime. I am native the crime occurred in Sovereign Territory by a non native. The charges were pressed in 2019 prior mcgirt. However, they just caught my abuser this year post mcgirt. The State is the one pressing charges, but why... View More
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answered on Nov 7, 2023
Under the Major Crimes Act, if a serious crime involving a Native American victim occurs in tribal territory, federal jurisdiction typically applies. Given the timeline you've described, if the crime occurred before the McGirt decision, the state may have initially pursued charges under their... View More
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