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Criminal Defenses & Procedures in Alaska

Posted by Eric Derleth | Aug 03, 2021 | 0 Comments

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Defenses to Criminal Charges in Alaska 

Laws relating to criminal offenses are often hard to understand in Alaska. When an individual is charged with a criminal offense, he and his family must go through a nightmare. Your life or that of a loved one is seriously at risk. So, whenever an individual is charged with a criminal offense, he should consult with a criminal defense lawyer in Alaska to help guide him throughout the trial. Sometimes an individual can be wrongly accused, and conviction for crimes while innocent is a disgusting concept that unfortunately happens all-too-often in America. A Criminal Defense Attorney can help you in defending yourself before the court. 

Since all crimes in Alaska can send a person to jail, it can harm all spheres of their lives. Therefore, it is essential to frame a very strategic defense to avoid a case that reduces the crime as much as possible or finds a defendant innocent. A lawyer will protect you and your loved ones from getting exploited. At Trial Guy, our Anchorage criminal attorney Eric Derleth possesses a vast understanding and experience of Alaska law.

If any of your loved ones are charged with criminal defense and need an experienced criminal defense lawyer in Alaska, please Contact Now or call 907-262-9164. The Trial Guy is a professional criminal lawyer in Anchorage and Soldotna to learn more about how we can help you

Classification of Crimes in Alaska

Alaska describes crimes into three categories: violations, felonies, and misdemeanors. Felonies are related to severe offenses where an accused can be sentenced to one or more than one year. Misdemeanors relate to crimes of a less severe nature with imprisonment of up to one year. While violations are minor offenses like a breach of traffic and health codes, these do not include imprisonment. The accused must pay fines. The crimes are further categorized into the following: -

  • Murder (First and Second degree)
  • Attempt to murder
  • Drugs selling to minors
  • Kidnaping
  • Conspiracy to commit first-degree murder
  • Sexual assault (first degree and second degree)
  • Rape
  • Robbery
  • Theft
  • Forgery
  • Possession of drugs
  • Sex trafficking
  • Carrying a weapon
  • Gambling
  • Drunk driving
  • Trespassing
  • Resisting arrest
  • Sexual abuse 
  • Selling drugs to adult
  • Manslaughter
  • Homicide

And more

How can a Defense Lawyer in Alaska Help you?

In Alaska, a defense lawyer represents the person before courts and other law enforcement agencies charged with a criminal offense. After knowing and talking to the accused, a great criminal attorney will help him go through a trial, bail hearing, collecting shreds of evidence and witnesses, representing the collected evidence, hearings in front of the judge, challenging evidence, jury trials, and hiring investigators. It is the fundamental right of an individual to get heard. And the defense lawyer will help in keeping his side of the story.  

  • Bail hearing 

The accused may have a bail hearing under Alaskan law. Sometimes bail is set automatically in some minor cases. The bail hearing is conducted before conviction at the time of the first appearance. The judge, on hearing the facts, decides whether the accused will be released or not. He can release the accused on his assurance, bail bonds, or handed over to his family members for safekeeping before the court. The judge can also put certain conditions on bail if he finds it necessary to make sure the criminal defendant appears in court or protect the public.

  • Plea bargaining

Sometimes, the accused pleads guilty or no contest; the accused voluntarily agrees to continue the proceedings in such situations. In such a case, the defense lawyer can bargain a plea with the other side for a lesser sentence of jail or the charges to be reduced. The judge also ensures that the defendant knows all his rights and his decision is not coerced by anything. Almost 97% of Federal criminal cases result in a defendant pleading guilty for a crime. Your lawyer must have the respect, reputation, ability, knowledge, and aggressiveness to negotiate on your behalf. Criminal conviction rates are almost as high for criminal defendants in Alaska. The ability to mitigate a potential criminal sentence is essential.  

  • Right to appeal 

The accused may appeal to a higher court if he is not satisfied with the trial court's decision. He can challenge the verdict or his conviction because the decision is incorrect. Some foundations of appeal can be the wrong submission of evidence, a bad decision by the judge, and invalid arrest.  

Rights of a Criminal Defendant

An individual is innocent till he is proved wrong or pleads guilty. An accused in Alaska has the following rights: -

  • Not to discuss with the police officer
  • Not be searched without a warrant
  • Their house cannot be searched without a warrant
  • They can decide whether they want to testify or not
  • They can call witnesses to testify on their behalf
  • They can ask for a jury trial 

Statute of Limitations

Alaskan law put time limits on many criminal offenses, which is called the statute of limitations. Once the limitation times end, the accused cannot be held liable for the crime. It differs for different offenses. There is no statute of limitations for severe class A and B; a case can be filed against the accused anytime. For violent felonies of a specific kind, the limit is ten years and five years for misdemeanors.  

Challenging Illegally Seized Evidence

Before trial, a lawyer may be able to have your case dismissed by filing a motion to exclude illegally obtained, irrelevant, or other evidence seized contrary to your God-Given Rights enumerated in our U.S. Constitution and our Bill of Rights. An experienced criminal attorney should be ready to attack every piece of evidence throughout the criminal trial process, whether pre-trial, trial, or post-trial, through motion practice or appropriate appeals to the court of Criminal Appeals.

See a Lawyer

If you, your family members, or your friends have been charged with a crime, and you do not know how to handle the situation, there is no need to panic. You can obtain immediate free legal consultation from a seasoned criminal defense attorney Eric Derleth, who can handle the problem and get you out of a miserable situation. We understand what you are going through, and you need aggressive case representation to ensure your rights are secured. Call at 907-262-9164 Your defense attorney in Alaska, Attorney Eric Derleth, Serving Anchorage, Soldotna, Kenai, and the Palmer/Wasilla areas of Alaska Today for Free Confidential Consultation Today!

About the Author

Eric Derleth

Born and raised in on the Kenai Peninsula, Eric Derleth has been helping the people of Alaska by defending their rights in criminal cases and helping injury and medical negligence victims recover the compensation they deserve.

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ERIC DERLETH TRIAL LAWYER IN ANCHORAGE KENAI AND SOLDOTNA AK

With Alaska in his blood, for 25 years, the "Trial Guy," Eric Derleth has helped the people in Anchorage, Kenai, and Palmer / Wasilla areas as a personal injury and criminal lawyer. Born and raised in Soldotna, Eric truly understands Alaska’s laws, the people, and the true nature of Alaska. The Trial Guy was raised in a log cabin in Alaska with a belief in America, and a belief in strong individual liberty guaranteed by our Constitution and was raised to fight for the rights of all of Alaska. Eric has expanded his criminal defense and auto accident injury lawyers practice near you, with offices in Anchorage and Soldotna. LEARN MORE ABOUT ERIC

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