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  1. #1
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    Default Criminal Trespass on Indian Land Charge Despite Invitation

    My question involves criminal law for the state of: New Mexico

    After being invited to attend a parade on child abuse on an indian reservation by a tribal member the tribal police arrested me for trespassing. The arresting officer never showed up for court even when the judge reset the case twice at his request. The case was dismissed because the officer was never present, last month. The tribal police have now refiled the complaint against me and an arraignment has been scheduled. Does this restart the 6 month rule since I am supposed to appear at an arraignment? It was originally done in May. This is not fair since the case was already dismissed. I was arrested and treated like crap for no reason other than my race, as a tribal police officer advised me when she took me to jail, "This is what the Spanish did to us." This is an injustice to fundamental fairness and due process of law. Native American Tribe are going too far with the abuse of police power as it relates to Tribal Sovereignty. The Governor of this tribe has also been convicted of "DUI" (driving while intoxicated) in a neighboring jurisdiction which should disqualify him for his position as governor of this tribe, according to their own Tribal Constitution. Is their any way double jeopardy can apply?

  2. #2
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    Default Re: Charged with Criminal Trespass on Indian Land After Invitation Dismissed and Refi

    The case was dismissed without prejudice if they were allowed to refile. You should check though as it would provide a defense.

  3. #3
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    Default Re: Charged with Criminal Trespass on Indian Land After Invitation Dismissed and Refi

    Double jeopardy means you cannot be tried twice. It sounds like your hearing or trial did not get far enough such that double jeopardy would attach.

    What the tribal governor has for tribal issues is irrelevant to your issue.

  4. #4
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    Default Re: Charged with Criminal Trespass on Indian Land After Invitation Dismissed and Refi

    The paperwork I have says case dismissed. Their is nothing saying with or without prejudice. Could this be used as a possible defense? I only advise that the tribal governor is a drunk because it is a fact and it shows a moral picture of how dirty these tribal officials are by breaking their own laws. The police lied about advising my fiance that I had to leave by 10:30 am. The entire chain of command up to the governor is corrupt. I am just looking for any possible defense. Any reasonable person would be upset, after all I was arrested for the blood that runs in my veins.

  5. #5
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    Default Re: Charged with Criminal Trespass on Indian Land After Invitation Dismissed and Refi

    Quote Quoting fairness115
    View Post
    The paperwork I have says case dismissed. Their is nothing saying with or without prejudice. Could this be used as a possible defense? I only advise that the tribal governor is a drunk because it is a fact and it shows a moral picture of how dirty these tribal officials are by breaking their own laws. The police lied about advising my fiance that I had to leave by 10:30 am. The entire chain of command up to the governor is corrupt. I am just looking for any possible defense. Any reasonable person would be upset, after all I was arrested for the blood that runs in my veins.
    I doubt it

  6. #6
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    Default Re: Charged with Criminal Trespass on Indian Land After Invitation Dismissed and Refi

    Antigone you must be a special type of A$$hole to have the ability to know what had transpired even though you were not there. You are all seeing and all knowing and know exactly what happened. The tribal police arrested me for in their words, "Being a non indian." Then they told me "The Spanish did this to us." Did you not read my post, I am not lying and that is why I am upset because people like you care more about Trevon Martin then people who are being harassed on indian reservations, so it's there land, but can't they behave civilized about it? I was at my fiances house in the yard watching a parade, that is her house, and I was there as her guest. Then the police advised her it was ok, for me to be there, then they came back and blocked us in and arrested me for trespassing after previously advising it was ok, although I know you don't believe me. If that is not being arrested for the blood in my veins in plain English, then I don't know how you would word it in legal jargon and should consider a job with these racist tribal indians who will have no problem telling you how much they hate all the other races even though we spend money at their casino. Does anyone else have anything productive to contribute? Does the tribal governor have the right to violate a tribal members rights by saying, "You can't date this guy." Which is what he is basically saying. We have kids together, and have lived their in peace for years until this new governor came into power. Does anyone know if the UCC-1-308 code will work for this case. Antigone, if being arrested for your race does not bother you please come to this reservation so you can see what if feels like, or if you are Native American let me put the cuffs on you and transport you down to the Meto County Jail for nothing other than you race and book you in so you can see if the experience would not be upsetting to you.

    - - - Updated - - -

    I am looking for constructive advice on my case, not an internet rant with a 25 year old who lives with their parents and watches law and order and wants to dog on me. I apologize to any who are offended. The case was dismissed, as the officer failed to appear on 3 occasions, and the judge kept granting him a continuance. Now, they refiled, yes I am upset. I was not robbing any banks, I was not drinking, I was not doing anything other then watching a parade with my kids. Please does anyone have any critical information on these matters? Does the UCC 1-308 code give me relief from this? I have a degree in Criminal Justice, but my professors will not talk to me about UCC-1-308.

    - - - Updated - - -

    Here is the statute: Thanks in advance!

    New Mexico Statutes 30-14-1. Criminal trespass

    C. Criminal trespass also consists of knowingly entering or remaining upon lands owned, operated or controlled by the state or any of its political subdivisions knowing that consent to enter or remain is denied or withdrawn by the custodian thereof.

    The previous order they gave me a few weeks prior to the incident at the parade was an order stating that I could not "reside" in the tribal village, because, I was a non indian, however, nothing in the order specifically addressed the issue of visitation with my children, or spouse at her house, and the order did not say I was banished. The un-certified tribal sheriff advised that the order stated that I could not visit my kids unless the governor said I could, and I advised and showed him a copy of the order and nowhere in it did it say what he advised it said. The order was approximately, less than a paragraph, and not very specific.

    re·side:

    have one's permanent home in a particular place.
    "people who work in the city actually reside in neighboring towns"
    synonyms: live in, occupy, inhabit, stay in, lodge in; formaldwell in, be domiciled in
    "most students reside in apartments"

    For example, a Wisconsin Case law, Petrowsky v. Krause, 223 Wis. 2d 32, 36 (Wis. Ct. App. 1998), defines “reside” as follows:

    “***The plain meaning of reside implies a continuous arrangement. The dictionary definition of reside is "to dwell permanently or continuously . . . expressing the idea that a person keeps or returns to a particular dwelling place as his fixed, settled, or legal abode." Webster's Third New International Dictionary 1931 (3d ed. 1993) (emphasis added). While we acknowledge that the term "reside" is also a legal term of art, here, the legal and general meanings are the same. Black's Law Dictionary defines the term by using phrases such as "settled," "permanently," and "continuously." Black's Law Dictionary 1308 (6-ed. 1990).***”

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    The reason the case is being tried in Metro Court rather then tribal court is because the tribe has no jurisdiction over me. However, the state recently gave the tribe the power to have cases regarding non indians in Metro Court, because most non indians would get traffic fines and simply not pay them. Also, I was advised that the traffic cases were being tried by "preponderance of evidence" rather than "Beyond a Reasonable Doubt" to make it easier for the tribe to get convictions. Will check on this don't know if it's really true. So the tribal police use the state statute to charge non indians instead of their own "Law and Order Code" then the case now goes to city Metro Court. Just a year ago non indians as they define them, "Not a member of a Federally Recognized Tribe" would have to go to tribal court for these matters. So as far as I know their own "Law and Order Code" and "Unwritten Indian Laws" (Used mostly by Tribal Elders regarding customs and traditions that could mean anything they want it to mean) should not apply, rather the state statute would, or, maybe not.

  7. #7
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    Default Re: Charged with Criminal Trespass on Indian Land After Invitation Dismissed and Refi

    Update: I post this for any aspiring law students for educational purposes, and wish more people would have responded. The case has been "dismissed" again for a second time. The officer made some sort of error when he refiled the case under a new case name, and changed the original charge, from A, to C, regarding the statute. They still can refile again for a limited time. I hope they leave me alone now. I will use the word "regarding" rather then "on" since it has been for some unknown reason highlighted in my previous posts. The word "Indian" is not offensive to this tribe as they refer to each other as "Indians" with pride. The matter is most likely over.

  8. #8
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    Default Re: Criminal Trespass on Indian Land Charge Despite Invitation

    What exactly do you want someone to say? You were on tribal land. There is a new chief who is going to make sure everyone lives his version of the culture. Look on the bright side, 200 years ago you would have just been scalped.

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