What Do You Do If You Are On Trial For a Crime in Alaska?

In Alaska, felony and misdemeanor offenses committed by adults or juveniles are prosecuted under state criminal laws and regulations. When an individual commits a crime, they are typically arrested/summoned, booked, charged, and convicted following criminal procedures established in Alaska Statutes. Under the state’s laws, a criminal defendant is presumed innocent until proven guilty. Every defendant has the right to counsel, the right to a trial, the right to an impartial jury, among others.

Within 24 hours of an arrest, a defendant is usually arraigned before a trial court judge, who informs them of the possible penalties for the crime and their right to hire a private attorney or to have one appointed by the court. At this initial hearing, the judge considers bail. For a misdemeanor offense, the defendant is required to enter a plea: guilty, not guilty, or no contest (nolo contendere).

Anyone who enters a guilty or no contest plea may be sentenced immediately or have a date scheduled for sentencing. When a defendant enters a not-guilty plea, the judge sets a trial date for the defendant. For a felony offense, the defendant enters a plea at another hearing (formal arraignment) after a grand jury decides whether or not to proceed with an indictment. As with misdemeanor offenses, a judge sets a trial date when the defendant pleads not guilty to a felony offense. A defendant may be required to attend several pretrial hearings before the scheduled trial date.

What Percentage of Criminal Cases Go to Trial in Alaska?

The Administrative Office publishes annual statistical reports of the trial courts (Superior and District Courts) in Alaska. In the 2019 Report, out of 6,626 felony dispositions in the Superior Court, 2.2% of the criminal cases went to trial. The District Courts had 3,389 felony dispositions, and 0.3% resulted in a trial. Additionally, the District Courts disposed of 23,289 misdemeanor cases, with 0.6% of these cases being concluded by trial. In 2017 and 2018, the percentage of cases that went to trial in these courts included:

• 2018:
  • Superior Court: 6,140 felony dispositions; 4.9% went to trial
  • District Court: 3,053 felony dispositions; 0.1% went to trial. 19,721 misdemeanor dispositions; 0.7% went to trial
• 2017:
  • Superior Court: 6,005 felony dispositions; 2.3% went to trial
  • District Court: 19,697 misdemeanor dispositions; 0.6% went to trial

This 3-year trend shows that out of all cases disposed of by the courts, only a few cases go to trial: 3.1% of felonies in the Superior Courts, 0.2% of felonies, and 0.6% of misdemeanors in the District Courts.

When Does a Criminal Defendant Have the Right to a Trial?

Anyone charged with a felony or misdemeanor offense in Alaska is generally entitled to a fair, speedy, and public trial. A criminal defendant also has the right to a jury trial if the conviction could involve a prison sentence. However, Alaska law permits a defendant to waive the right to a jury trial for a bench trial. The right to a public trial is granted by the Sixth Amendment and Alaska’s criminal laws to any defendant who pleads not guilty to a criminal charge in an Alaska trial court, regardless of the age of the defendant. There are no exemptions to a defendant’s right to trial under these laws.

What are The Stages of a Criminal Trial in Alaska?

Trial proceedings in Alaska generally follow as indicated below:

• Jury selection
• Opening statements
• Presentation of cases
• Closing arguments
• Jury deliberations
• Verdict

How Long Does It Take For A Case to go to Trial in Alaska?

Under Alaska’s speedy trial law, Rule 45, Criminal Procedure, a criminal case (felony, misdemeanor, or violation) must go to trial within 120 days from the time specified in Rule 45(c). Typically, the time to a trial starts running once a defendant is served with a charging document. This length of time does not vary by the severity of the crime. The law excludes specific periods from this time limit, as outlined in Rule 45(d), including periods of delay caused by the prosecutor, defense attorney, or defendant, provided there is good cause for the delay.

What Happens When a Court Case Goes to Trial in Alaska?

When a case goes to trial in Alaska, a judge or jury typically determines a defendant’s guilt or innocence. In a trial by judge or bench trial, the judge alone decides the case, whereas in a jury trial, a group of selected members of the public renders a verdict of guilty or not guilty.

Before trial proceedings commence in a jury trial, a jury is selected. In Alaska, six jurors sit for misdemeanor trials in the District Courts, and 12 jurors sit for felony trials in the Superior Courts. The jury selection process is referred to as “Voir dire”. During the selection process, the judge questions the jurors regarding their impartiality and qualifications, and both attorneys (prosecution and defense) may also ask the jurors questions. Per an attorney’s request, any juror can be dismissed without a specific reason. This is known as a peremptory challenge. In felony trials, each side has ten peremptory challenges. In misdemeanor trials, each attorney is entitled to three peremptory challenges.

Trial proceedings begin with opening statements from the prosecution and defense. Each side typically states what they will prove, by means of evidence, about the case. Since the burden of proving a crime was committed rests on the State and, in turn, the prosecutor representing the State, the prosecution goes first to present the State’s evidence. This evidence may be in the form of witnesses, photographs, exhibits, documents, or laboratory test results—the goal is to convince the jury of the defendant’s guilt.

The defense presents evidence after the prosecution to raise doubt over the prosecution’s case. However, the defense has the right not to present any evidence. The defendant also has the right to testify or not testify at a criminal trial. After each attorney questions a witness, the other may cross-examine the testifying witness.

At the end of the defense’s presentation, the prosecution may rebut or challenge the defense’s evidence. When the prosecution and defense rest their cases, closing arguments are made. In these arguments, both sides summarise their cases and facts raised in the trial to convince the jury to rule in their favor.

After the closing arguments, the judge instructs the jury on the relevant laws concerning the case, and the jury deliberates privately to reach a verdict. The verdict is announced to the court once the jury reaches a unanimous decision. For a guilty verdict, the judge may sentence the defendant immediately or set a sentencing date. For a not-guilty verdict or acquittal, charges are dismissed, and the defendant is released and cannot be tried for that crime again. When the jury cannot reach a unanimous verdict, also known as a “hung jury”, the jurors are discharged, and the case may be tried again by the prosecution at a later date. However, if an error or mistake occurs during the trial or in the jury’s deliberations, the judge declares a mistrial, and a new trial date is set.

What Does it Mean to be Indicted in Alaska?

An indictment in Alaska is a formal written accusation issued by a grand jury, charging a person with a criminal offense (usually a felony). An indictment does not mean the suspect is guilty. Instead, it signals the beginning of a serious criminal trial.

Indictments are handled by a grand jury, not a single judge or prosecutor. The prosecution presents evidence, and the grand jury decides based on the weight of the evidence adduced whether there is “probable cause” to move forward with a trial. Under Alaska law (Stat. § 12.40.020), at least 12 of the 18 grand jurors must vote in favor of an indictment for one to be issued. Anything less makes it a “no bill” finding, and no indictment is returned. Yet, a prosecutor must obtain a true bill to charge a suspect with a felony formally.

Once a true bill is issued by the jury (i.e., an indictment), it provides the prosecution with leeway to proceed to arraignment. During arraignment, the defendant is formally notified of the charges against them: the charge sheet is read to them in the dock, and the accused enters a plea of guilty or not guilty before a trial judge. At this stage, the case typically proceeds to pretrial hearings, motions, and possibly a trial, as provided under the Alaska Rules of Criminal Procedure.

Does Indictment Mean Jail Time in Alaska?

No. Being indicted does not mean someone automatically goes to jail.

Jail before trial only happens in certain situations:

• If a judge denies bail, it is usually because the defendant is considered a flight risk or a danger to others.
• If bail is set, but the person cannot afford to pay it.
• If the charge is a serious felony, such as violent crimes or sexual offenses, stricter bail rules apply.

Alaska’s bail and pretrial release laws are found in Alaska Stat. § 12.30.011. This law requires judges to release defendants on personal recognizance or unsecured bond, unless there is a strong reason to believe they might flee or pose a risk to public safety.

Actual jail or prison sentences are imposed only after conviction, either at trial or upon the defendant's guilty plea. Until then, indictment only means the legal process has begun, not that punishment has been decided.

Note: An indictment is not the same as a conviction. It only means the state believes there is enough evidence to bring the case before a court. A jury verdict or a plea agreement ultimately decides guilt or innocence.

Can You Be Put on Trial Twice for the Same Crime in Alaska?

No, a criminal defendant cannot be tried twice for the same crime in Alaska, as prohibited by the Fifth Amendment of the United States Constitution and Alaska’s criminal laws. These laws do not indicate any condition or exemption by which the courts may prosecute a defendant for the same crime twice.

How Do I Look Up a Criminal Court Case in Alaska?

State residents may search and look up information on active, concluded, or reopened criminal court cases in Alaska using the CourtView Public Access platform. However, only non-confidential information is accessible on this site. To search and view a case, an individual may use the case number, name, or ticket/citation number search options to obtain results. Similarly, third-party websites like Alaskacourtrecords.us typically provide this information to the public.

How to Access Electronic Court Records in Alaska

In Alaska, the public may access court records electronically through the CourtView Public Access site. While some U.S. states have separate online platforms or public access terminals for obtaining electronic court records, Alaska has only the CourtView platform for accessing court records online.

Public Alaska criminal records may also be accessible through third-party websites. These sites may offer the convenience of a statewide database, allowing individuals to perform single or multi-record searches. To search these platforms, users may be required to provide information to facilitate the search, including:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused.

Since third-party sites are independent of government sources and not sponsored by these agencies, the availability, accuracy, and validity of records may not be guaranteed.

How Do I Remove Public Court Records in Alaska?

Usually, arrest records and convictions can be removed from public view or access by petitioning a court for post-conviction relief, such as sealing or expunging a criminal record. Unfortunately, Alaska does not offer this relief to individuals who have been convicted of at least one criminal charge. However, for certain first-time offenders, the court may suspend the imposition of a sentence (SIS) and set aside a conviction after completion of probation (Alaska Stat. § 12.55.085).

When a sentence is set aside, it generally ceases to have any legal effect on the relevant party. It is important to note that a set aside does not constitute an expungement in Alaska. By law, non-conviction records of any individual acquitted of a charge or who has had a criminal charge dismissed are confidential (Alaska Stat. § 22.35.030). Persons with dismissed or acquitted charges may also petition the court to seal their records from the public index, using Form TF–810.