Native American Law Q&A by State

Your current state is Virginia

Show More States »

Lawyers, Answer Questions  & Get Points Log In
Native American Law Questions & Answers
1 Answer | Asked in Native American Law for New Mexico on
Q: Ok my children got taken away from us by CYFD. And we live on reservation right. So so who takes jurisdiction?

And could this case be dismissed if the tribe and CYFD didnt follow procedure?

Scott E Beemer
Scott E Beemer answered on Jan 22, 2019


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...
Read more »

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


Tim Akpinar
Tim Akpinar answered on Oct 31, 2018

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

1 Answer | Asked in Copyright, Civil Rights and Native American Law for Illinois on
Q: Could I sue someone for using a logo that's part of my religion

Logo is demeaning to my Race. A misuse of it's sole purpose and descrimnates my heritage and culture as a Native American

Gary Kollin
Gary Kollin answered on Oct 21, 2018

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?

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Native American Law for California on
Q: We are now ha the jurisdictional level in the Indian Bureau has not been made aware that my daughter is possibly Indians

We are now at the jurisdictional level and had it not been for me bringing it up once again the Indian Bureau has yet to be notified up until the 18th of this month about my daughter and possible Navajo Indian is that a violation of her due process rights? And what can I do and can I appeal a... Read more »

Gary Kollin
Gary Kollin answered on Sep 27, 2018

Hire a lawyer familiar with Navajo law

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Native American Law for New York on
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

We obtain private legal representation and they never came to see my son.he just got sentence to 10yrs and has no record the attorneys were inaffected

Aubrey Claudius Galloway
Aubrey Claudius Galloway answered on Jul 18, 2018

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...
Read more »

1 Answer | Asked in Native American Law and Probate for Oklahoma on
Q: My great grandfather died without a will and has oil land in Oklahoma still . My grandmother is passed .do I have rights

Has an error to claiming any of that my grandmother was taken from her family and 1930s and never saw her family again. We just in the last five years found out about this land . I have been trying to find somebody to talk to to maybe point me in the right direction . I would love to tell you more

Richard Winblad
Richard Winblad answered on Apr 17, 2018

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

1 Answer | Asked in Consumer Law and Native American Law for Illinois on
Q: A company working for a tribal payday loan company threatened to issue an arrest warrant for non payment?Live in Ill.

I spoke with a guy who works for a debt collection company who currently has a debt from a payday loan I took out from a tribal payday loan company. I tried to comply and pay a portion but he refused my amount and said an arrest warrant will be issued. Can this really happen?

Steve McCann
Steve McCann answered on Mar 27, 2018

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... Read more »

1 Answer | Asked in Family Law and Native American Law for Oklahoma on
Q: I am wanting full custody of my three children? Being a single mom, I can't afford a lawyer. What do I do?

The father isn't a safe person, he drinks constantly, doesn't show up on Fridays to pick them up(court-ordered), doesn't notify me either, doesn't buckle up my children in car seats while driving, has random people around them. I'm scared of my kids safety while he has them, I can't afford a... Read more »

Gary Johnston Dean
Gary Johnston Dean answered on Mar 11, 2018

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.

1 Answer | Asked in Consumer Law and Native American Law for Maryland on
Q: Do I have to repay a tribal loan?

I live in Maryland. Their interest rates are illegal in Maryland.

Mark Oakley
Mark Oakley answered on Feb 13, 2018

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.

1 Answer | Asked in Family Law and Native American Law for Oklahoma on
Q: Can a mothers rights be terminated while the mother is incarcerated?

Father and girfriend had child was removed by tribal dhs due to domestic violence and drug abuse.

Gary Johnston Dean
Gary Johnston Dean answered on Nov 26, 2017

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...
Read more »

2 Answers | Asked in Native American Law and Patents (Intellectual Property) for Maryland on
Q: How many variations can be covered in one patent? I created a gaming table that I foresee being done in Multiple ways.

Gaming table utilizes a clear surface, but that could be done via glass, plastic, etc.

Table is also able to be fliped over utilizing both sides, however this could be done manually, mechanically, or electronically

Also, I am "American Indian" and do not belong to a federally... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Nov 13, 2017

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...
Read more »

View More Answers

1 Answer | Asked in Civil Litigation, Family Law, Consumer Law and Native American Law for Oklahoma on
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

what can I do legaly and can I sue the tribe for this becacause she said the lady said to sign my name on there and she also signed my name on tax papers

Pete David Louden
Pete David Louden answered on Oct 30, 2017

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.

1 Answer | Asked in Native American Law and Sexual Harassment for California on
Q: I need a native law lawyer for sexual harassment. I work for a native casino

I have been sexually harassed and it was caught on video by surveillance and because the harasser is related to members of the tribal council nothing is being done about it and the GM told me he didn't want to hear about this person sexually harassing me. I also reported it to HR and the... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 29, 2017

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... Read more »

1 Answer | Asked in Divorce and Native American Law for Florida on
Q: Can I get spousal support when my husband is in an Indian tribe? That's our only income

He was controlling and never let me work... been in this marriage for 9 years

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 16, 2017

Probably, but what is the kind of income you're asking about?

1 Answer | Asked in Consumer Law and Native American Law for New Jersey on
Q: Do I have to pay back an illegal payday loan from a Native American reservation in New Jersey
Leonard R. Boyer
Leonard R. Boyer answered on May 20, 2017

No you do not. Depending on your overall financial situation, Bankruptcy may be right for you. An experienced Bankruptcy attorney will be able to determine which type of Bankruptcy is the correct one for you. Good luck

1 Answer | Asked in Native American Law and Constitutional Law on
Q: Is Trump suable by Natives over "Pocahontas" insults to Warren? He clearly intends it as a slur, & I am so offended.

This derogatory term been picked up by alt right. As a Native, I find this to be a racial slur & indefensible. Used to demean Warren, showing contempt for Natives. I am far beyond tolerating sports teams and fashion that misappropriate my culture in disrespect and disdain. Trump obviously sees... Read more »

Robert Donald Gifford II
Robert Donald Gifford II answered on May 20, 2017

There are no grounds for a lawsuit as he does have a First Amendment Right to say things that are offensive to others. While one cannot "yell fire in a crowded theater," a person has a right to say inappropriate things without being sued.

1 Answer | Asked in Immigration Law and Native American Law on
Q: In a compact of free association, can congress give US citizenship to the people of a sovereign country?
Robert Donald Gifford II
Robert Donald Gifford II answered on Apr 20, 2017

I am unsure of your question, but generally yes. The US can dictate who can become a citizen or not.

1 Answer | Asked in Native American Law for Arizona on
Q: How do I get a post storage hearing on my vehicle which was towed without notice on tribal land

I have been denied a post storage hearing on my vehicle which was towed and now seized on tribunal land. I am the owner I was not the driver. No crime was committed, the driver was parked at a lake in the reservation, game and fish ran his ID, he had warrants,was taken into custody, I later learned... Read more »

Robert Donald Gifford II
Robert Donald Gifford II answered on Apr 3, 2017

This answer may vary depending on the state that you are in, but generally the state statutes have no effect on trust land. You need to look to the tribal code for your remedy. You may need to hire an attorney familiar with that tribal court.

1 Answer | Asked in Civil Rights, Civil Litigation and Native American Law for Oklahoma on
Q: the secretary of the interior,attorney general and secretary of treasury were all summoned.No answer.Past time.

Im acting Pro Se in a native american civil lawsuit.The District court I filed my complaint summoned the Secretary of Interior Ect.... because of jurisdiction.There has been no answer to my complaint and it is way past the time to answer. why isn't anyone responding to any motion I have asked for?... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 27, 2017

Did you have a summons properly served on each defendant?

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.