Understanding the McGirt v Oklahoma Decision: Implications and Resources
In a landmark ruling on July 9, 2020, the United States Supreme Court made a significant change to criminal prosecution in Oklahoma. The court concluded that the boundaries of the Muscogee (Creek) Reservation were not diminished when Oklahoma became a state in 1907.
As a result, the Muscogee (Creek) Nation retains jurisdiction over its members within the reservation boundaries, rendering Oklahoma without authority to prosecute Muscogee (Creek) members for crimes under Oklahoma law. Instead, tribal members may be subject to prosecution under tribal law or, in the case of serious offenses, under federal law.
While the decision initially involved Jimcy McGirt, who had been convicted of crimes under Oklahoma law, its impact extends to all Native Americans on the five reservations in Oklahoma. These reservations include the Seminole, Cherokee, Muscogee (Creek), Choctaw, and Chickasaw nations.
Release from Prison and Legal Consequences
The ruling carries significant consequences for tribal members convicted of crimes in Oklahoma. Those individuals became eligible to seek the dismissal of their cases, and the five tribes now have the option to charge them under tribal law or, in certain cases, under federal law.
However, it is essential to note that release from prison or relief from other sentencing terms is not automatic. Tribal members convicted of Oklahoma crimes must petition Oklahoma courts to determine their eligibility for release. Until a court grants relief, their convictions may remain in effect. Some individuals have also pursued damages for their convictions through state courts.
Once released from state convictions, tribal members may face charges in tribal or federal courts. As a result, law enforcement agencies and prosecutors across Eastern Oklahoma must determine whether an arrested or suspected individual is a tribal member.
Initial Strategy Session with a Tulsa McGirt Lawyer
If you or a loved one is a tribal member who has been convicted of a crime in Oklahoma, it is crucial to understand how the McGirt decision impacts your case. A Tulsa McGirt lawyer can guide you through the legal implications. Whether you are facing charges in tribal court or as a tribal member in federal court, a Tulsa lawyer can explore defense options with you.
For a confidential and complimentary consultation regarding McGirt-related matters or criminal prosecution in Oklahoma Indian Country, please call our Tulsa attorneys at 918-932-2777.