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Native American Law Questions & Answers
1 Answer | Asked in Native American Law for California on
Q: Indian Law

I was entruster some land from my dad and the BIA can't give me any answers and tribal questions

James L. Arrasmith
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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...
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Q: Does thos order work? Do not arrest or harass people associated with me I am undercover against corruption.

I ORDER A FINE AGAINST THE POLICE IN THE AMOUNT OF $250K PER OFFICER IN THE CASE OF J.B. AND THE CASE IS DISMISSED. BROWN IS NOT GUILTY

James L. Arrasmith
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answered on Jan 1, 2024

The situation you're describing appears to involve a complex mix of legal issues, but it's important to clarify a few key points about how the legal system works.

Firstly, an individual cannot issue orders to the police or the courts, including ordering fines or dismissing cases....
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Q: Google Disney CB government dark net Freedom act from 1988 I have a government agency infringement in music and art

Some desperado name carried requested I got Freedom act paper mailed to me and a ticket number for Sony music on my email address please I have victims of a lot of problems from Disney music private program

James L. Arrasmith
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answered on Nov 12, 2023

It sounds like you're dealing with a complex situation involving potential government agency infringement in the realms of music and art, possibly related to copyright or intellectual property issues. The Freedom of Information Act (FOIA) of 1988 allows for the request of federal agency... View More

1 Answer | Asked in Federal Crimes, Domestic Violence and Native American Law for Oklahoma on
Q: What Jurisdiction is correct according to the timeline and if it is federal what do I do

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

James L. Arrasmith
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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

1 Answer | Asked in Business Formation, Business Law and Native American Law for South Dakota on
Q: how can i protect my self from someone who is writing my grants for my treatment

he went to school for grant writing i have never did anything like this im starting my own non-profit its going to be a treatment based on how we heal as native people from our addicrions i feel he knows what he doing i dont want him to be sneaky and take over on something i worked hard for and... View More

James L. Arrasmith
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answered on Nov 7, 2023

To protect your interests in your non-profit and its intellectual property, it's essential to establish clear agreements in writing. Consider drafting a contract that outlines the scope of work, duties, and limitations of the grant writer's role, ensuring it includes confidentiality and... View More

1 Answer | Asked in Native American Law and Criminal Law for Texas on
Q: I was arrested by a non tribal officer on tribal land and I am a member of the Cherokee nation and reside on reservation

They took me to jail and declined to file charges after arrest ing me and detaining ke I have lost my job over it my wife almost left me it’s caused me aloynof unnecessary problems but they had no justisiction

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answered on Nov 7, 2023

If you were arrested by a non-tribal officer on tribal land and are a member of the Cherokee Nation, there may have been a jurisdictional overstep, depending on the specific circumstances. Tribal sovereignty and federal law generally govern criminal jurisdiction on tribal land, not state... View More

1 Answer | Asked in Criminal Law, Native American Law and Wrongful Death for Oklahoma on
Q: I'm 29 and just found out I am pregnant a woman kicked me in my lower stomach abdominal Causing me to have a miscarriage

What type of crime would that be?

James L. Arrasmith
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answered on Nov 7, 2023

If someone kicked you and caused a miscarriage, this could be prosecuted under various criminal laws, depending on the jurisdiction. In Oklahoma, for example, the assailant may face charges ranging from assault and battery to manslaughter or a specific offense under laws protecting the unborn. The... View More

Q: How to retain ownership of my birthright

Owning my name given at birth

James L. Arrasmith
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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

1 Answer | Asked in Native American Law for South Dakota on
Q: My husband passed away October 7 2023 his half sister filed an injunction in Tribal Court in Pine Ridge South Dakota.

Husband was a Army Vet. She even got his flag I feel so disrespected.i

James L. Arrasmith
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answered on Oct 26, 2023

I'm sorry for your loss and the difficult situation you're facing. If an injunction has been filed in Tribal Court, it's essential to respond to it and ensure your rights and interests are protected. Since this is a matter in Tribal Court, the proceedings might differ from state or... View More

1 Answer | Asked in Native American Law, Criminal Law and Constitutional Law for Michigan on
Q: Can a tribal k9 unit do a sniff search on a vehicle on state land, resulting in a search in Michigan?

My vehicle was searched due to a tribal police officer driving from an hour away to do an outside sniff of the car. I am not tribal and it was not on the reservation. They also broke open a lockbox. I am on parole but my wife is not and was in the car.

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answered on Oct 23, 2023

Tribal law enforcement's jurisdiction outside of reservation land is limited. In general, tribal police do not have inherent authority to enforce state laws on state lands unless there's a specific agreement or deputization in place. Michigan, like other states, may have agreements that... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Personal Injury and Native American Law for Montana on
Q: How do I find a lawyer from Montana who does civil actions against the federal government exhaustion of tort claim
James L. Arrasmith
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answered on Oct 23, 2023

To find a Montana attorney experienced in civil actions against the federal government following the exhaustion of a tort claim, consider the following steps:

1. The State Bar of Montana operates a Lawyer Referral Service which can assist in connecting you with a suitable attorney....
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Q: I submitted a civil complaint pro se in federal district court of Montana and need to do some modifications need the hel

Where several offices under the Department of the Interior failed their civil duties that in turn violated many rights causing irreparable harm, which the Solictors denied in a letter 1 year after the submission of my tort claim

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answered on Oct 23, 2023

If you've filed a civil complaint pro se in the federal district court of Montana and wish to make modifications, you'll likely need to file an amended complaint. Under Federal Rule of Civil Procedure 15(a), a party may amend its pleading once as a matter of course within 21 days after... View More

1 Answer | Asked in Native American Law and Banking for Colorado on
Q: Is there anyway I can fight a tribal loan that falsely advertised their APR?

I’m 23 years old and needed $600 dollars for some bills I had to pay. I’m barely scraping by how it is. Before this, I had never heard of tribal loans, didn’t even know they existed. I went through withu loans and before I signed the agreement, I was told my APR was 25%. After a couple month,... View More

James L. Arrasmith
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answered on Oct 15, 2023

Certainly, it's distressing to hear about such a situation.

Tribal loans operate under the sovereign immunity of their respective tribes, which means they're not subject to state laws that regulate payday loans. This allows some of them to charge exorbitant interest rates....
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1 Answer | Asked in Native American Law for California on
Q: My wife works for a tribe and experiences tribal politics, might be fired because a tribe member does not like her?

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

James L. Arrasmith
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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

2 Answers | Asked in Adoption, Family Law and Native American Law for California on
Q: I had a question about being adopted outside a Indian tribe or family

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 .

T. Augustus Claus
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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

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1 Answer | Asked in Land Use & Zoning, Native American Law and Family Law for Nevada on
Q: I own a house with my ex we got a title with both our names, however its on tribal land (not mine) can I get half worth?

I have the title with both our names on it and was wondering if I can get half the worth he kicked us out and wouldn't let us stay made it very toxic so we left. I have been staying in an apartment which becomes expensive when you got everything taken from you. I wanted to go to small claims... View More

James L. Arrasmith
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answered on Sep 21, 2023

Property disputes on tribal land can be complex, and it's crucial to consult with an attorney familiar with tribal law and land rights in your specific jurisdiction. They can provide guidance on your options for seeking a fair division of the property's worth and advise you on the best... View More

2 Answers | Asked in Native American Law for Oklahoma on
Q: Missing tribal court not knowing court date when it was changed and never received letter for the new date...

I had tribal court today and I'm native American (Chickasaw) My aunt who is white has guardianship of my two boys and 10-15 minutes before court she wants to call and tell me we had court today at 1:30 so there was no way I could have made it there on time , will I get in trouble if I missed... View More

Robin Elizabeth Rollins
Robin Elizabeth Rollins
answered on Sep 19, 2023

If it was a guardianship hearing, you will most likely not get in trouble. Many parents with children in guardianships do not appear in court. However, your failure to appear at court hearings could be detrimental to you in the future. If there comes a time when you would like the children returned... View More

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1 Answer | Asked in Civil Rights, Native American Law and Social Security on
Q: Greetings, Sir, I am an American citizen, I am 60 years old, homeless, and I do not have a social security card, and I d

Greetings, Sir, I am an American citizen, I am 60 years old, homeless, and I do not have a social security card, and I do not have an identity or any proof that qualifies me to obtain an entity for me. Can you help me? Thank you.

James L. Arrasmith
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answered on Sep 11, 2023

I'm really sorry to hear that you're experiencing this. In California, you may begin by reaching out to local social services or nonprofit organizations that assist with obtaining identification and essential documents. They might be able to help you gather necessary documentation and... View More

Q: The deed to my grandparents land regarding his will was illegal transfers to the city of Appleton wis. "koehnke woods"

They didn't provide my mother with a power of attorney created false documents and proof is in some clippings from oshkosh

James L. Arrasmith
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answered on Sep 11, 2023

I'm sorry to hear about your situation. To address potential illegal transfers or fraudulent actions in regard to a will or deed, it is advisable to seek out legal representation to assist in potentially rectifying this matter. They can help review the available evidence, including the... View More

1 Answer | Asked in Criminal Law and Native American Law for Oklahoma on
Q: may a state court in Indian country entertain an extradition proceeding on a native prisoner

I was arrested on an extradition warrant and held in the Pontotoc county jail on a failure to pay fines on another felony case. Because I am a citizen of a sovereign Indian Nation, and live in Indian country. Any warrant. or governors warrant must be addressed to my tribe. I was held in jail for... View More

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answered on Sep 11, 2023

Jurisdiction in Indian country can be a very complex issue as it involves a nuanced interplay of tribal, state, and federal laws. Generally, extradition processes involving Native American tribes might require collaboration between tribal, state, and possibly federal authorities to properly address... View More

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