Navigating Post-Dismissal Charges in Tribal and Federal Courts
My name is Ted Hasse. I’m a Muscogee Creek Nation tribal court attorney practicing in both federal and tribal courts here in Indian Country, Oklahoma.
The question is: My case was dismissed. Will they recharge me in tribal court?
The short answer is — usually, yes. You’re probably going to be recharged.
Why Dismissed Cases Are Often Refiled in Tribal Court
This is one of the most common questions we hear from people who are Native American or have loved ones who are Native and living in Indian Country. Often, someone’s case gets dismissed in state court, and they want to know what happens next. Too often, defendants are shocked to find out that they’ve been charged again — this time in tribal court.
The first thing they ask is, “How can they do this? My case was dismissed. Isn’t it over?” Unfortunately, the answer is no — it’s not over. If tribal jurisdiction exists, the tribal court has every right to bring charges, regardless of what happened in state court.
The Role of Federal Courts in Post-Dismissal Charges
It’s also unfortunate that many defendants aren’t told this by their state court attorneys. They leave court thinking the case is done, only to find out later that it’s being picked up elsewhere.
And here’s the even tougher news: sometimes, the case isn’t refiled in tribal court at all — it’s refiled in federal court. That’s one reason why, if you’re Native American and your case has been dismissed in state court, you need to talk to someone who understands tribal and federal jurisdiction right away.
Choosing the Right Court for Your Case
Because sometimes, when you leave state court, you’re not out of the fire — you’re stepping into a hotter one.
In general, defendants tend to be in the worst position in federal court, where sentences are usually much harsher, and they’re better off in tribal court when that’s an option. But that’s not always true. For example, in domestic violence cases or repeat DUI cases, tribal courts often take a hard stance and impose tough sentences. And in cases involving a death, tribal courts take those extremely seriously as well.
Be Prepared for Next Steps After a Dismissal
So, if you’re Native American and your case is dismissed in state court because of jurisdictional issues, don’t assume you’re in the clear. The next step could be tribal or federal prosecution, and it’s important to be ready for that.
If you or a loved one are in this situation and have questions about what’s coming next, we can help. We specialize in these kinds of jurisdictional issues and can walk you through what to expect.
Contact Us for a Low-Cost Consultation
You can reach us at 918-932-2800. Again, my name is Ted Hasse and I’m a Muscogee Creek Nation criminal defense attorney. If you want to understand your options after a case dismissal, don’t hesitate to contact us for a consultation. We’re here to help you navigate these complex legal waters.
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