Is the State of Oklahoma Illegally Prosecuting You? How to Fight Back

Understanding Prosecution Rights for Native Americans on Tribal Land

My name is Ted Hasse. I’m a Muscogee Creek Nation tribal court attorney practicing in both federal and tribal courts here in Oklahoma.

This is the first in a series addressing common questions we get from defendants or individuals facing criminal investigations.

The question is: Can I be prosecuted in state court if I’m Native and the crime happened on tribal land?

When Can Native Americans Be Prosecuted in State Court?

The short answer is no—typically, if you are Native American and the alleged crime occurred in Indian Country, which includes most of eastern Oklahoma, you cannot be charged in state court.

That said, the situation can get complicated. There are still a few counties where state prosecutors are continuing to file charges against Native defendants, even when those cases should be handled in tribal or federal court. If you or a loved one find yourselves in that situation, you’ll want to reach out to us. There are remedies available, and there are legal steps we can take to address it.

Jurisdictions Handling Native Crime Cases in Oklahoma

Here’s how it’s supposed to work: if you’re Native and accused of a crime within Indian Country—which, since 2020, includes nearly all of eastern Oklahoma—you can only be prosecuted in two jurisdictions:

1. 1. Tribal court — in this region, that’s usually Muscogee Creek Nation or Cherokee Nation.

 

1. 1. Federal court — either the Northern District of Oklahoma (based in Tulsa) or the Eastern District of Oklahoma (based in Muskogee).

In short, those are the only two proper venues for criminal cases involving Native defendants on tribal land.

Defendants often prefer tribal court, but ultimately, it’s up to the prosecutors—federal or tribal—to decide where the case is filed.

Protect Your Rights: Get Legal Guidance

If you or a loved one are facing criminal charges in eastern Oklahoma and you’re Native American, and you want to understand your rights or confirm whether your case is in the right court, give us a call. Again, my name is Ted Hasse and I’m a Muscogee Creek Nation criminal defense attorney.

Low-Cost Consultation — Protect Your Future Today

Don’t navigate these complex legal issues alone. Contact us today for a consultation to understand your rights and explore your legal options. Call us at 918-932-2800 and let’s work together to ensure your case is handled properly and fairly.