McGirt: The Process After You File a Motion

Dec 13, 2022

Welcome to John P. Bennett, Attorney at Law, your trusted source for legal assistance in McGirt cases. In this informative article, we will guide you through the process that follows after you file a motion in a McGirt case.

Understanding McGirt Cases

Before diving into the process, it's essential to understand what McGirt cases entail. In the landmark decision of McGirt v. Oklahoma, the United States Supreme Court ruled that much of Eastern Oklahoma—including the city of Tahlequah—remains within the boundaries of Native American reservations. This ruling has significant implications for criminal jurisdiction and prosecution in these areas.

Filing a Motion in a McGirt Case

Once you have determined that your case falls under McGirt's jurisdiction, the first step is to file a motion. An experienced attorney, such as John P. Bennett, can help you navigate this process and ensure that your motion is properly prepared and filed. Filing a motion initiates the legal procedure and allows the court to address the specific issues at hand.

What Happens After Filing a Motion?

After filing a motion in a McGirt case, several steps are usually followed:

1. Case Review

Once your motion is filed, the court will review the document and assess its validity. This typically involves a thorough examination of the legal arguments presented, as well as any supporting evidence or documentation. It's crucial to have a well-crafted motion that clearly presents your arguments and outlines the relevant facts.

2. Response from the Prosecution

Upon reviewing the motion, the prosecution will have an opportunity to respond. They may agree with your arguments, present counter-arguments, or request additional time to further investigate the matter. It's essential to anticipate potential responses and be prepared to counter them with strong legal arguments and evidence.

3. Court Hearings

In some cases, the court may schedule hearings to allow both parties to present their arguments in person. These hearings provide an opportunity for your attorney to advocate for your case and address any concerns or questions raised by the court. John P. Bennett, with his extensive experience in McGirt cases, will ensure that your interests are properly represented during these hearings.

4. Decision by the Court

After considering all the arguments and evidence presented, the court will make a decision regarding your motion. The decision may result in a dismissal of the charges, modification of the charges, or a denial of the motion. Whatever the outcome, John P. Bennett will work diligently to protect your rights and pursue the best possible outcome for your case.

Consult John P. Bennett, Attorney at Law

If you find yourself involved in a McGirt case and need assistance with filing a motion or navigating the subsequent legal process, John P. Bennett, Attorney at Law, is here to help. With years of experience in handling McGirt cases, Attorney Bennett has the knowledge and skills necessary to provide effective representation.

To discuss your case or schedule a consultation, please call (918) 458-2677 or visit our website at Our dedicated team is ready to guide you through the complexities of McGirt cases and ensure that your rights are protected every step of the way.