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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
What type of crime would that be?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2023
Missing a tribal court hearing can have serious consequences, including potential legal repercussions. It's essential to contact the tribal court as soon as possible to explain the circumstances surrounding your absence and inquire about rescheduling the hearing. Additionally, consider seeking... View More
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
She's been missing since April 14
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023
The actual law regarding the parent-child bond can vary depending on the jurisdiction and specific circumstances. In general, the law recognizes the importance of maintaining a strong bond between parents and their children. If your oldest child is missing and in the custody of ICW (Indian Child... View More
My mother was killed in June 2022 and it was ruled as suicide at the scene of a place she didn’t know and had never been on a river bed. A multi county grand jury is supposedly investigating. I was 17 years old at the time this happened and no one ever informed me she died. Do I have any kind of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2023
I am sorry to hear about the loss of your mother and the circumstances surrounding her death. As a victim of a violent crime, you may have certain rights under state and federal law, including the right to be informed about the progress of any investigation or legal proceedings related to your... View More
Dismissed due to mcgirt ruling in Oklahoma? I've been trying to get indian card but it's a process my great great grandmother is full blood Cherokee but she passed away years ago so it's hard to get death certificate. How can I get her death certificate?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 11, 2022
If you have an attorney, your attorney can assist you in this. If you don't have one, you need one. Death Certificates are somewhat difficult to obtain unless you fall within the list of individuals to whom it can be released. The State Department of Health - Office of Vital Statistics is the... View More
It was in tushka oklahom
a by blackwood
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Driveing took the car keys and told the coos i choked her she later recanted her story and admited i didnt touch her she was just mad but we split up she got jealous and said i forced her to write the statements also sent me serveral incriminateing messages and attacked me afterwards i went to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2023
I would be to consult with another experienced attorney to explore the possibility of filing an appeal. Strong evidence in your favor, such as messages, pictures, and hand-written letters, may support your case. An attorney well-versed in tribal court proceedings and appellate practice would be... View More
The facility just hangs up the phone with no explanation. The child is denied phone calls and visitation. There is no explanation. Can a facility do this?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2023
Facilities typically have guidelines for visitation and phone calls, but reasonable access should generally be allowed for family members unless there are safety or legal concerns. If you're experiencing difficulties, it's advisable to contact the facility's administration or seek... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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).... View More
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... View More
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.
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
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.
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... View More
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... View More
answered on Sep 16, 2021
Good luck on your case. If you have a question you can try posting that. Based on your original statement I would recommend finding a criminal attorney in the Tulsa area and have them assist you.
I know Ive heard of Pro Bono but does that service even exists - I was represented by a legal aid attorney recently and I would have been better off representing my self.
answered on Sep 1, 2021
Most pro bono attorneys are referred cases that Legal Aid does not have time to handle.
There are very few resources for free legal services other than legal aid unless you are Native American. If you are Native American then you can contact the tribe to see if they have free legal... View More
My pregnant daughter and four grand babies are living in a section 8 approved apts that will not make much need repairs I have pics of the black mold on bathroom ceiling walls doors, whole in kitchen ceiling from upstairs flooding, hallway moled carpet soak in water to wear maggots are on carpet... View More
answered on Jul 13, 2021
I would contact Legal Aid if you can't get assistance from the Housing Authority that runs your section 8 program. I would also keep trying with the Housing Authority. In OKC, they have to approve the home before it qualifies for section 8 and it sounds like the apartments should not be... View More
i have to pay everything back for mentioning someone who i caught in my properties. i never whistleblowed.i never wanted to sell proprties now what do i do?
answered on Apr 16, 2021
There is not enough information here to answer. You don't say who sold the property and why. You don't say what monies you are having to pay back and to whom. You should assemble all of your documents related to this matter and consult with an attorney to determine what the issues are and... View More
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.
