If I got charged for trespassing on Indian property, I’d like to know if the tribal court has jurisdiction over me since I am a non-member?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I got charged for trespassing on Indian property, I’d like to know if the tribal court has jurisdiction over me since I am a non-member?

I was looking and taking pictures of old airplanes. The officer told me I was to report to a Indian community courthouse and would have to pay a fine. Is anyway around this?

Asked on April 27, 2017 under Criminal Law, Arizona

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The tribal court has jurisdiction because the trespass occurred on Indian land.  Each Indian tribe has its own set of laws and you should request a copy of those laws to determine what type of defense is applicable in your case.  The fact that you are a "non-member" of the tribe does not mean that the tribe doesn't have jurisdiction.  The tribal court has jurisdiction as stated above because of the location where the incident occurred.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption