Defendants’ Rights in Muscogee Creek Nation Courts
You’re a defendant in Muscogee Creek Nation criminal court. What rights do you have? My name is Ted Hasse. I practice law in federal and tribal courts in Oklahoma. Here’s what you need to know about your rights is that there is Indian Civil Rights Act, ICRA. It is basically adopted the essential rights that due process rights and other civil liberties that we see in the U.S. Constitution and the Bill of Rights.
Basically speaking, you have essentially most of the rights that one would expect, at least through ICRA, if you are a defendant in the Muscogee Creek Nation and you are defined as Indian under federal law.
Now, what we also have is we now have a group of people who are finding themselves within the jurisdiction of the Muscogee Creek Nation, despite being non-Indian, that is they’re not Native American, however, this special tribal jurisdiction that is being applied through a Violence Against Women Act reauthorization through Congress consistently over the years as reauthorizations have happened, there’s been increasing expansion of jurisdiction over non-Native American defendants.
Rights of Non-Native American Defendants
In cases of those defendants, they have special rights in order for tribal nations to charge those individuals, there has to be a guarantee that certain rights are protected, and there are rights there beyond ICRA, certainly, you can expect that as a defendant who is non-Indian facing charges in the Muscogee Creek Nation, probably a domestic violence charge, you’re going to have essentially the same rights that you would expect under the U.S. Constitution. Additionally, there is a right to apply for, to petition for writ of habeas corpus to federal courts under certain circumstances, and that is sort of a backstop to ensure that if a non-Indian who is in tribal court has their rights violated, that there is some path for them to get that resolved, it can be a long process, it can be expensive.
Why You Need an Experienced Attorney
What you are going to want if you are facing criminal charges in the Muscogee Creek Nation, you’re going to want to find counsel that has experienced there, counsel that is there every week, that knows the court, that knows the judges, that knows the prosecutors. I’m such an attorney, I work hard to ensure that I get the best possible results, regardless of the circumstance. Again, my name is Ted Hasse and I can be reached at (918) 947-6552.
Contact Us for a Free Consultation
If you are facing criminal charges in the Muscogee Creek Nation, don’t hesitate to reach out for a free consultation. Call us at (918) 947-6552 to discuss your case and find out how we can help protect your rights and achieve the best possible outcome.