Understanding Which Court Handles Your Native American Criminal Case
My name is Ted Hasse. I’m a Muscogee Creek Nation tribal court attorney practicing in both federal and tribal courts here in eastern Oklahoma—Indian Country.
A common question I get is: What court handles my criminal case if I’m Native American?
Jurisdiction for Native Americans in Eastern Oklahoma
If you’re Native American—if you’re Indian—and the alleged crime occurred on one of the reservations in eastern Oklahoma, such as Cherokee Nation, Muscogee Creek Nation, Choctaw, Chickasaw, or Seminole Nation, state courts generally cannot charge you.
However, in some instances, we’re still seeing state prosecutors file charges against Native defendants. If that happens to you or a loved one, give us a call. There are legal remedies and steps we can take to address it.
Where Your Criminal Case Will Be Handled
Typically, if you’re Native American, your criminal case must be handled in either tribal court or federal court. What we often see is that a defendant, who is a tribal member, gets charged in state court, and when that case is dismissed, they think it’s over. But in almost every instance, the case is then picked up by either the tribal nation or the federal government—and the defendant is surprised to find they’re being prosecuted again for the same conduct.
Most defendants prefer to have their cases handled in tribal court, but where the case ends up often depends on a number of factors—especially what the prosecutors decide to do.
Protect Your Rights — Contact Us for Assistance
If you or a loved one are facing charges in state, federal, or tribal court, and you’re a member of a tribal nation, you’ll want to reach out to us. We can help you understand your options and protect your rights.
You can reach us at 918-932-2800. Again, my name is Ted Hasse and I’m a Muscogee Creek Nation criminal defense attorney.
Low-Cost Consultation — Get Started Today
Don’t navigate the complexities of criminal law alone. Contact us today for a consultation to discuss your case and learn about your rights and options. We are here to help you secure the best possible outcome for your situation.
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