ATTORNEYS AT LAW

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ANCHORAGE, ALASKA 99501

TELEPHONE: (907) 279-4529

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For whatever reason, people sometimes find themselves charged with committing a crime in Alaska. This article is written to explain some of your legal rights and the choices which you will face if you are charged with commission of a crime. A complaint, also called Information, sets forth the charges which have been brought against you. The prosecutor will have to prove all of the elements of charges set forth beyond a reasonable doubt in order to obtain conviction.

You have the right to remain silent, your right not to say anything. You have the right not to make any statements or answer any questions to anyone, as these can be used against you. Statements which you make to your attorney are protected by the attorney-client privilege.

You have the right to be considered innocent until and unless you are proven guilty. You have a right to have a lawyer help you. A lawyer is a person who has studied the laws of Alaska and passed a test. A lawyer can explain about the law and your case. A lawyer will talk with you in private and is not allowed to tall anyone what you say unless you tell your lawyer to do so. A lawyer will go to court on your behalf, and speak with the prosecutor for your. A lawyer will explain your legal documents to make sure they are correct. A lawyer may find mistakes and file documents on your behalf. A lawyer can insure that no improper evidence is presented in court and that your rights are protected. A lawyer will advise you whether you should have a trial, and present your case in the most favorable way. A lawyer can question witnesses and present evidence on your behalf. Even of you want to admit the charges against you, the attorney can present favorable evidence to the court and assist at your sentencing.

You have the right to ask the court to appoint a lawyer to represent you if you cannot afford one. The court will investigate your finances and ask questions. If you receive a court appointed attorney you are normally required to repay part of the cost if you are convicted, and none of the cost if you are not convicted. There is a schedule used to determine the amount you are required to pay on the back of the form used to request an appointed lawyer and there is a brochure which explains this available at the court house.

You have a right to a speedy trial within 120 days from the date of your arrest or the service of the charges against you. A trial is a hearing at which your guilt or innocence is decided.

If you have been charged with a misdemeanor, you have the right to a trial with 6 jurors. If you have been charged with a felony, you have the right to have a jury of 12 people. A jury is a group of citizens from this community who will hear evidence and decide your guilt or innocence.

One time only you have the right to change a judge assigned to your case. You do not have to tell the court why you are asking for another judge. You must do so within 5 days of the day that the judge is assigned.

At trial you have a right to listen to and look at the people who testify against you and to ask questions. You have the right to call your own witnesses at trial. The court can prepare a legal paper called a subpoena which can be used to require your witnesses to attend the trial. You can remain silent or testify. Your silence can not be used against you by the jury.

Pleading not guilty does over time mean you must stay in jail until the trial. You have the right to a bail hearing, and a right to ask the court to reconsider your bail at a hearing or to modify your bail requirements while you are awaiting trial.

There are three answers to the charges, which are called pleas. The three possible pleas are not guilty, guilty and no contest.

By pleading Not Guilty to a charge you could men that you did not do what you are charged with, that you want to present a legal defense or excuse tot the charge, that you are not sure and you want to think about your pleas, or that you want to make the prosecutor prove at trial your guilt beyond a reasonable doubt. If you plea not guilty, a trial will be set.

By pleading guilty, you are admitting that you committed each and every act charged, and that you doe not want to raise any valid defense or excuse. You give up your right to remain silent and your right to be presumed innocent. If you plead guilty, you will be convicted and sentenced.

The third plea is no contest, also called nolo contendre. If you plead no contest, you agree to not fight the charges against you. You are agreeing that a judgment will be issued against you. You will be convicted as if you plead guilty. If you plea no contest, you give up you right to challenge the indictment.

There is one important difference between a plea of guilty and a plea of no contest. A no contest plea can not later be used against you in a civil proceeding to prove that you committed a criminal act, however, a guilty plea can be used later in a civil suit against you.

If you plead not guilty you case is scheduled for a trial. You will have a hearing called a trial call, which normally occurs on the last working day before trial. If you plead guilty or no contest, you will receive a sentence soon after your plea is entered. If you receive a fine as part of your sentence, you must go to the clerks office at the court and pay the fine on or before the date it is due.

If you are referred to Alcohol Screening and Placement, you must go to the offices of Alcohol Screening and Placement when the judge tells you to do so. You will be asked questions regarding your background and your responses will be evaluated. You may be referred to a program and your attendance may be monitored. If you do not go to the program, the prosecutor may ask the judge to issue a warrant for your arrest.

If you are convicted of a moving traffic violation, points may be assessed by the DMV against your license. The points depend on the charge upon which you are convicted. If twelve or more points are received in a period of one year or if 18 or more points are received within 2 years, your license will be suspended. Some violations, including DWI, reckless deriving and driving with a suspended license, will result in mandatory revocation of your license upon conviction. These points are in addition to the other sentence that the court must make. For traffic cases, a fine plus a surcharge of up to $25 may be required.

If you have been charged with a felony, this is a more serious type of criminal charge than a misdemeanor. The penalties are more severer. The Superior court will oversee the majority of your case, rather than the district court, which generally handles misdemeanor crimes. You are not immediately asked to enter a plea if you are charged with a felony. At your first hearing, the court can consider releasing you or modifying your bail.

If you are charged with a felony you have additional rights. You have the right to a preliminary hearing and to a grand jury hearing. If you are in jail, you have a right to a preliminary hearing or a grand jury hearing within 10 days of your arrest If your are not in jail, you have a right to such hearings within 20 days of the date you were first notified of the charges against you.

At the preliminary hearing, the state must prove probable cause (that there is a good reason) that a crime was committed, and probable cause that you committed the crime. You are not require to testify at the preliminary hearing and not penalized if you do not testify. The preliminary hearing is not a trial. Guilt or innocence is not addressed. It is a special right to require the state to quickly show good reason why you have been charted. A grand jury is a group of 12 to 18 people who listen to testimony and decide whether the state has enough evidence to charge you with a crime or to dismiss to the charges against you. It is not a trial. You do not have the right to be present. If the grand jury meets before a preliminary hearing is held, there is no preliminary hearing.

If you have been charged with committing a crime, it may be wise to speak with an attorney as soon as possible, preferably before you make any statements to the police. The Alaska Bar Association can refer you to an attorney who can answer your legal questions regarding criminal law issues.

Steven Pradell is an Anchorage attorney with a practice emphasizing criminal and family law, probate and estates, and personal injury. Articles covering a variety of legal topics which may be of assistance to seniors are available on the internet at the following home page address: Http://www.alaska.net/~pradell. ©1998 by Steven Pradell. This article is not intended to provide legal advice and should not be relied on for that purpose.