I went to court on the 26th of March for an 1 Obstr /Just and tresspass charge in California.

Asked over 1 year ago - Lakeport, CA

I went to court for the charges in State Court and we are following through with the proceedings. The Judge was very upset with me asking questions because I did not understand why I was charged without being arrested cited or even put under citizens arrest. The judge stated that the cite was in the paperwork sent to me from the Superior court. When he finally "put me in my place", i asked then why I was being charged for the same charges in another local federal court? He became really upset with the prosecution and told them to figure out what was going on. The prosecution seemed lost and confused when I brought out the document. I attend federal court on April 15, 2013; and then state charges on April 22, 2013. I do not have an attorney and I am lost as to what I need to do.

Additional information

This event took place on a federal Indian Reservation and the Tribal Police officer they took direction from is not credentialed by the Federal Government. This is the Article posted by local media that witnessed the event and the court proceedings.

http://lakecomagazine.com/viewarticle.aspx?smid=2414&aid=24127#.UVUJp5PhNS4.facebook

Attorney answers (3)

  1. Michael Kevin Cernyar

    Pro

    Contributor Level 20

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    Answered . You need to retain counsel. If the federal case is in San Francisco, then you need to locate an attorney who is licensed to practice in the Northern District of California. If the federal case is in Sacramento, then you need to locate an attorney who is licensed to practice in the Eastern District. I'm not certain which district the tribe is located in, but it may that neither court has jurisdiction. Is there a tribal attorney you can speak to?

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  2. Nicholas Maurice Rosenberg

    Pro

    Contributor Level 14

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    Answered . I would consult with a Federal Criminal Attorney because my inclination is to say that the site makes it a federal case. You can search on this website Good luck. Also do not speak to anyone about this until you speak to an attorney. Good luck

    www.losangelesdefenders.com

  3. William A. Jones Jr.

    Pro

    Contributor Level 20

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    Answered . No question has been posted here other than your concluding statement that you don't know what to do with respect to the dual sets of charges you face. there is no way that any of us can answer that broad sort of question. An attorney would need to have a thorough understanding of the underlying facts and circumstances. I followed your link to the article about the incident and it is most obvious that your situation is very involved. So in response to your stated need for guidance, the only advice I can give you is to secure the services of a criminal defense attorney who is experienced in the specialized circumstance presented by your situation. Good luck. Btw, you might repost your question and change the Practice Area to "Native Peoples Law" to bring it to the attention of attorneys familiar with that specialized area of law.

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