The Federal and Tribal Courts Will Have Different Jurisdictions
Video Transcribed:
If you’re facing criminal charges in the state of Oklahoma, how do you choose your defense counsel? I am Oklahoma federal defense lawyer Ted Hasse. I handle federal criminal defense and also some tribal matters.
I want to talk briefly today about what defendants and their family members want to do, and how they want to evaluate who’s going to be the best defense counsel for them. In short, if you are a defendant ending up potentially in federal court or tribal court because of McGirt, because of the fact that you are Native American and the alleged defense happen in Indian country, or your alleged victim is Native American, what I would recommend is that you find somebody who has experience in both of these non-state jurisdictions within Oklahoma where you could end up. That is both federal court and experience with tribal court.
Now, both of these can be very different. The courts are very different, the prosecutors are very different, and then both of these are very different from what’s happening in courts and with prosecutors at the state level. There can be tricky interactions happening in certain cases between the potential jurisdiction of the tribe and the potential jurisdiction of the federal court. That’s all to say if I were in the shoes of a defendant who was facing a charge, particularly if it was already being dismissed from state court because of McGirt because they’re Native American, or because the alleged victim is Native American, I would want to find an attorney who knew the federal court system, knew the tribal court system.
If you are a defendant facing charges in Oklahoma, but not in state court, please do give me, a tribal court attorney in Tulsa, a call. I’m happy to talk to you, happy to talk about what your options are and what kind of outcomes you can expect. My number’s 918-932-2800.