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?
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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 6 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.
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