Understanding Dual Sovereign Courts in Oklahoma
My name is Ted Hasse. I’m a Muscogee tribal court attorney handling cases in both tribal and federal courts here in Oklahoma. This is part of a series where I answer questions that were submitted to me.
One of my favorites is: Can you be tried in both tribal and state court for the same crime?
Can You Be Tried in Both Tribal and State Courts? Clarifying the Myth
Most people assume the answer is no because of the constitutional protection against double jeopardy. But the reality is yes—it’s entirely possible for someone to be tried in both tribal and state court for the same criminal conduct.
Here’s why: the doctrine of separate sovereigns. Tribal nations are considered their own sovereigns, separate from the state of Oklahoma. That means both have the authority to prosecute. So, for example, someone accused of committing a crime on a given day could face charges in state court from a county district attorney and, at the same time, face charges in tribal court.
Multiple Courts and Complex Jurisdictional Challenges
In fact, it can go even further. In certain situations—especially in domestic violence cases where the alleged victim is Native American and the defendant is not—a person could be prosecuted in three courts at once: tribal court, state court, and federal court. And yes, it is possible for convictions to be handed down in all three. This doesn’t violate the Constitution because each court represents a separate sovereign.
The jurisdictional landscape in eastern Oklahoma can be incredibly complex. If you or a loved one is facing criminal charges in Muscogee Creek Nation, Cherokee Nation, or state court in Oklahoma, you’ll want experienced counsel to navigate these issues. We’d be glad to help. You can reach us at 918-932-2800. Again, my name is Ted Hasse and I’m the Muscogee Creek Nation criminal defense attorney.
Get Expert Legal Guidance – Low-Cost Consultation Available
If you’re facing legal issues related to tribal or state charges, don’t navigate this complex landscape alone. Contact us today for a consultation and let our experienced team help you understand your rights and options. Call us at 918-932-2800 for your session and personalized legal advice.
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