Understanding Recharges After Dismissals in Tribal Court
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.
We’re continuing our series on common questions people ask online — and ones we frequently get from defendants by phone.
Today’s question: My case was dismissed — why did they recharge me in Muscogee Nation tribal court?
Likely Recharging Following Dismissal
The short answer is probably yes — if your case was dismissed in state court, it’s very likely that Muscogee Creek Nation will recharge you.
We hear this all the time. Someone’s case gets dismissed in state court, and they ask, “Will they recharge me in Muscogee Nation?” If the incident happened within the boundaries of the Muscogee Creek Nation, the answer is almost always yes.
The only time it doesn’t happen is if the case somehow slips through the cracks — and in my experience, that’s very rare. Sometimes people start to hope after a few months that maybe they’re in the clear, but unfortunately, the new charges often arrive later, catching them by surprise.
Differences in Charges Between State and Tribal Courts
Another common question we hear is about how the new charges relate to the old ones. Often, the charges filed by the Muscogee Creek Nation are not identical to what was filed in state court. That’s because these are separate governments — separate sovereigns — and the Nation can charge whatever offenses they believe apply under Muscogee Creek Nation law.
It doesn’t matter what the original state charge was — the tribal court will bring charges based on its own code.
In fact, sometimes defendants find that they’re actually worse off after the case moves to tribal court. A good example is drug-related offenses. In state court, you might have faced a misdemeanor, but under Muscogee Creek Nation law, all drug-related charges are felonies.
The Importance of Legal Representation
That’s why it’s important to talk to an attorney who understands both state and tribal jurisdiction.
Too often, defendants tell us, “My state court lawyer never told me this could happen,” or “They said dismissal meant my case was over.” Unfortunately, that’s not true — if you’re a member of a federally recognized tribal nation and the alleged offense happened in Indian Country, dismissal in state court often just means your case is moving to tribal or sometimes even federal court.
Get Help Navigating Tribal and Federal Court Systems
If you or a loved one are tribal members with a case that’s been dismissed in state court and want to understand what happens next, or if you’re facing new charges in tribal or federal court, give us a call.
We’ll walk you through the next steps and help you navigate both systems.
Contact us at 918-932-2800. Again, my name is Ted Hasse, and I’m a Muscogee Creek Nation criminal defense attorney.
Low-Cost Consultation — Protect Your Rights Today
If you need guidance after a case dismissal or have questions about potential charges, don’t wait. Call us now for a consultation and let us help you understand your rights and options.
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