McGirt v. Oklahoma is a landmark case decided by the Supreme Court in 2020 that ultimately impacted how Indigenous criminal defendants are prosecuted. Understanding the basics of the case is critical if you have been charged by the state and believe that you qualify for dismissal under this decision. The following blog explores what you should know about these matters, including the importance of working with an OKC criminal defense lawyer to explore your legal options and fight for your rights.
What Is the McGirt Decision?
As part of an 1856 federal treaty with the Creek Nation, the government promised that no portion of the Creek lands would ever be included or annexed into a state and that the Nation would have the right to self-government with unrestricted jurisdiction over the members of the nation and their property. Later, the Major Crimes Act of 1885 would grant federal courts jurisdiction over certain criminal acts committed by Indigenous offenders on Native lands. Crimes that can be handled by federal courts include murder, sexual assault, aggravated assault, armed robbery, arson, and larceny, among others.
Despite these acts, the state of Oklahoma continued to prosecute individuals who would have otherwise had their case handled by their Tribal Nation or the federal government. However, in 2020, Jimcy McGirt, a member of the Creek Nation, was convicted by the state of Oklahoma on three counts of sexual assault against children. However, he argued that the case should be overturned under the Major Crimes Act, leading to arguments in front of the Supreme Court. The court ruled in his favor, subsequently overturning the conviction and granting criminal jurisdiction back to all tribal land that had not been disestablished by Congress. Additionally, this decision led to many who were prosecuted and convicted by the state having to have their cases overturned.
Eventually, the Oklahoma Court of Criminal Appeals ruled in 2022 that the McGirt Decision would not be applied retroactively.
If I Believe My Case Qualifies Under This Decision, Do I Need a Lawyer?
If you have reason to believe that your case qualifies for state dismissal because you or the victim are members of a Tribal Nation or have Indigenous blood, or the alleged crime occurred on protected lands, you may assume that these facts alone are enough to have your state case dismissed. However, having an experienced attorney to fight for these matters on your behalf is critical to fighting to have a qualifying case rightfully dismissed.
In the event your case is dismissed by the state of Oklahoma under McGirt, you’ll still need the assistance of an experienced attorney as you may be charged federally. Facing federal charges is not something that should be taken lightly, so it is imperative to ensure you obtain competent legal representation during these difficult times.
As you can see, these matters can be incredibly complicated. That’s why it is critical to connect with an experienced criminal defense attorney who can help you fight for your rights during these difficult times. At the Jones Firm, PLLC, we understand how frustrating these matters can be. Contact us today to learn how we can explore your legal options to determine the best course of action for your unique circumstances.