Understanding Tribal Jurisdiction in Oklahoma Criminal Cases
How does tribal jurisdiction affect your criminal case? Hi, I’m Tulsa criminal attorney Carl Birkhead with Wirth Law Office in Tulsa, Oklahoma. I’d like to talk to you about tribal jurisdiction and how it plays with criminal cases that are filed within the state of Oklahoma.
The Department of Justice recently filed lawsuits against two district attorneys—one from Rogers County and one from Oklahoma County—for improperly prosecuting cases that should have been handled in federal or tribal court. This highlights a critical issue: when jurisdiction shifts from state to tribal or federal courts and how it might affect you.
The Impact of the McGirt Case
It all stems from the McGirt case, a landmark decision from a few years ago. In that case, a Native American tribal member was convicted in state court for a crime committed on tribal land. The conviction was appealed because Oklahoma lacked jurisdiction. The case went all the way to the U.S. Supreme Court, where the state’s argument boiled down to: We’ve always done it this way, so let us continue. The Court disagreed, ruling that crimes committed by Native Americans on tribal land can only be prosecuted by federal or tribal courts.
This decision has reshaped Oklahoma’s criminal justice system, creating confusion and requiring both prosecutors and defense attorneys to navigate new legal frameworks. The state Supreme Court has since provided guidance, but the DOJ’s lawsuits suggest that some state prosecutors may still be overstepping their authority.
Verifying Jurisdiction for Your Case
If you’re a member or eligible member of a Native American tribe and facing criminal charges, it is essential to verify whether the state has jurisdiction over your case. If there’s a question about jurisdiction, it could be a critical defense. Contact a criminal attorney Tulsa citizens trust, and we’ll review your case to determine if a jurisdictional challenge is an option for you.
Schedule a Low-Cost Initial Strategy Session
My name is Carl Birkhead, I’m with Wirth Law Office, and I want to help you make law easy. For personalized guidance, schedule a low-cost initial strategy session by calling 918-879-1681. Let us help you navigate the complexities of tribal jurisdiction in your case.
