Jurisdiction: Multiple Courts Can Prosecute Non-Indian Crimes
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: What happens if a non-Indian commits a crime against me on Muscogee Creek Nation tribal land?
Legal Prosecution for Non-Indians Committing Crimes
The short answer is — they will be prosecuted.
If you are Indian, and a non-Indian commits a crime against you within the Muscogee Creek Nation reservation, there is what’s called concurrent jurisdiction over that non-Indian. That means multiple governments can have authority to prosecute the case — including the county district attorney’s office, the tribal court, and in many cases, the federal government.
Exactly who prosecutes depends on where the crime happened and what type of crime it is.
Different Jurisdictions for Different Crimes
For example, if the incident occurs in Tulsa, the Tulsa County District Attorney can file state charges.
At the same time, depending on the nature of the offense, there may also be tribal jurisdiction — especially in domestic violence cases.
Tribal Jurisdiction in Domestic Violence Cases
If a non-Indian commits an act of domestic violence against a member of the Muscogee Creek Nation — or against any member of a federally recognized tribe — that person can be charged and brought before Muscogee Creek Nation tribal court under federal laws that recognize tribal jurisdiction in these types of cases.
In addition to state and tribal courts, there’s also federal jurisdiction. For more serious crimes, such as assaults, sexual violence, or homicide, those cases are often prosecuted by the U.S. Attorney’s Office in federal court.
Multiple Courts Can Handle the Case
So in short, if a non-Indian commits a crime against a Native American in Indian Country, there are up to three courts that may have jurisdiction — state, tribal, and federal.
Get Help From an Experienced Attorney
If you or a loved one are the victim of a crime and need representation to help assert your victim’s rights, we’d be happy to discuss your options.
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 — Contact Us Today
Don’t hesitate to seek assistance if you’ve been a victim of a crime on tribal land. Contact us today for a consultation and ensure your rights are protected.
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