Muscogee Attorney Explains: How Overlapping Jurisdictions Work in 2026

Understanding Jurisdiction and Double Charges in Oklahoma 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 Indian Country, Oklahoma.

We’re continuing our series on commonly asked questions — questions we get from defendants and their families when they call in.

The question is: Can I be charged twice for the same crime by different governments in Oklahoma tribal lands?

Can You Be Charged Twice by Different Governments?

The short answer is yes, you can. And this is one of the most surprising parts of the complex jurisdictional situation we have here in eastern Oklahoma.

People are often shocked to learn that it’s possible to be charged by two different governments — what we call separate sovereigns — for the same alleged criminal conduct. In some cases, there’s even overlapping jurisdiction among three different governments for the same act in the same location.

Examples of Overlapping Jurisdictions

The most common situation is when someone who is a member of a tribal nation is accused of committing a crime within Indian Country in eastern Oklahoma. In that case, the State of Oklahoma doesn’t have jurisdiction — meaning the county district attorney cannot file charges. But two other governments can:

1. 1. The federal government, and

 

1. 1. The tribal nation where the alleged offense occurred.

So, what often happens is that both the tribal nation and the federal government have the authority to prosecute. And sometimes, unfortunately, both do. You’ll occasionally see cases where a defendant is tried in tribal court and then also charged in federal court for the same conduct.

The Legal Perspective on Double Jeopardy

It feels unfair — and it goes against what most people think of when they hear “double jeopardy.” But the key distinction is that double jeopardy only applies within the same sovereign. When two different governments — like a tribal nation and the federal government — are involved, the law allows both to prosecute separately.

There are even rare cases where three governments — the state, federal, and tribal — all have jurisdiction, depending on who was involved and where the crime occurred. Those situations can get very complicated.

Seek Expert Legal Advice Today

If you or a loved one find yourself facing charges in Indian Country, it’s critical to talk to attorneys who understand how these overlapping jurisdictions work.

We’d be happy to discuss your situation and help you understand your options. You can reach us at 918-932-2800.

Request a Low-Cost Consultation

My name is Ted Hasse, and I’m a Muscogee Creek Nation criminal defense attorney. If you need guidance or have questions about charges on tribal land, contact us today for a consultation to protect your rights and navigate this complex legal landscape.