McGirt Criminal Attorney
In the 2020 Supreme Court case of McGirt v. Oklahoma, the Court ruled that Native Americans who commit crimes on reservations – which encompass much of Oklahoma – cannot be prosecuted by state or local law enforcement. Going forward, only tribal and federal courts would have jurisdiction. Moreover, attorneys would have to be specially admitted to practice in tribal courts in order to try cases on tribal lands.
In 2022, the Court clarified the decision, ruling in Oklahoma v. Castro-Huerta that while Native Americans who commit crimes on tribal lands could only be tried in tribal or federal courts, Oklahoma state and local courts could try non-Natives who commit crimes on Native land if the victim is non-native as well. However, if the perpetrator is non-Native and the victim is Native, tribal and federal courts have jurisdiction.
Because Claremore and Rogers County are located within the boundaries of the Cherokee Nation, only the Cherokee Nation and the United States can prosecute crimes committed against Cherokee members that took place in those areas. Wirth Law Office – Claremore has attorneys admitted to practice in both Cherokee Nation courts and in United States District Courts.
When Do Federal Courts Have Jurisdiction?
Federal Courts will take the case if the alleged offense falls under the Major Crimes Act.
This act allows federal courts to try an Indian defendant over certain enumerated crimes:
- Murder
- Manslaughter
- Rape
- Kidnapping
- Assault with intent to kill
- Maiming
- Sexual Abuse
- Incest
- Assaults against those under 16 years old
- Felony child abuse or neglect
- Arson
- Burglary
- Robbery
- Larceny
Federal courts will also have jurisdiction if the crime was committed on tribal lands but both alleged victims and perpetrators are not of Indian descent.
Why is McGirt Important?
Because of McGirt, Oklahoma now lacks jurisdiction over nearly any misdemeanor or crime committed on all of the Five Civilized Tribes’ reservations if either victim or perpetrator is Native.
The Five Civilized Tribes include:
- Muscogee (Creek)
- Seminole
- Cherokee (particularly relevant as their lands encompass much of Claremont and Rogers County)
- Choctaw
- Chickasaw Nations
Other tribes in Oklahoma have also been included (such as the Quapaw).
In other words, If a defendant is from one of these tribes and is alleged to have committed a crime on tribal grounds, they may petition to have their conviction overturned in Oklahoma. This has resulted in a flood of appeals, which have only increased since Oklahoma v. Castro-Huerta, which clarified that McGirt applies even in cases where the victim is Indian and the alleged perpetrator is not.
If you’ve been charged with a crime in Oklahoma and believe you are eligible to have the charges dropped due to McGirt, you can find out if you qualify by consulting with a McGirt defense attorney at Wirth Law Office in Claremore.
Initial Strategy Consultation with a Rogers County McGirt Attorney
If you’ve been charged with a crime and believe McGirt is relevant to your case, contact a criminal defense attorney in Oklahoma from Wirth Law Office – Claremore. Almost half of Oklahoma is currently considered tribal land, including Claremore county. If you or the other party in your case can legitimately claim Native ancestry, there’s a good chance the case falls under tribal jurisdiction.
Our skilled McGirt defense lawyers have been handling McGirt cases since the decision first came down. They have the experience and expertise to handle yours. For a low-cost initial consultation, call (918) 213-0950 or fill out the form at the top of the page. One of our Rogers County defense lawyers will reach out to you promptly.
