Alaska Court System Self-Help

Criminal court is where you go when the government (state or municipality) believes you committed a crime and it files charges against you. Only the government — not another person or private agency — can charge you with a crime. In criminal court, you are presumed innocent until the prosecution proves you guilty beyond a reasonable doubt.

Misdemeanor crimes are heard in the district court and felony crimes are heard in the superior court.

The District Attorney’s Office represents the State. In some cities, the city attorney prosecutes certain misdemeanors instead of the district attorney.

A criminal case happens when the government files a case in court to charge someone (the defendant) with committing a crime. If the defendant is found guilty of a crime, he or she may have to go to prison and/or pay a fine or restitution.

A civil case happens when one person, business, or agency sues another one because of a dispute between them, often involving money. If someone loses a civil case, they may be ordered to pay the other side money or to give up property, but they will not go to jail just for losing the case.

There are other important differences:

• There are different standards used to prove the case. In a criminal case, the government must prove the defendant’s guilt "beyond a reasonable doubt." This means that after considering all of the evidence the prosecutor presented, a reasonable person would not doubt the defendant committed the crime. In a civil case, the plaintiff must prove his or her case by a "preponderance of the evidence" (more than 50 percent). This means that a party to a civil case can win if he or she is able to convince the judge or jury that his or her side of the case is slightly more convincing than the other side’s.
• In criminal cases where the charge is a misdemeanor or felony, if the defendant cannot afford a lawyer, the court will appoint one for the defendant. In civil cases, parties who cannot afford a lawyer will have to represent themselves. There is no right to a court-appointed lawyer in a minor offense case like a traffic offense.
• In criminal cases, defendants almost always have the right to a trial by jury, except in minor offense cases. In civil matters, there are many types of cases where there is no right to a trial by jury.

There are 3 types of criminal cases:

Violations

A violation is a minor offense and includes a violation of a city ordinance or state law. Examples are most traffic violations and fish and game offenses. The punishment is usually a fine and there is no jail time.

Misdemeanors

Felonies

There are several people who have different roles in a criminal case:

• The defendant is the person accused of committing a crime.
• The prosecutor is the lawyer representing the State of Alaska or the municipal government and must prove the defendant is guilty of the crime beyond a reasonable doubt. The prosecutor may also be also called the district attorney or "DA".
• The defense attorney is the lawyer who represents the defendant and who tries to raise doubts about the prosecutor’s case. If the defendant is low income, the court will appoint a public defender.
• The judge oversees the case and if there is a trial makes sure the proceeding is fair and follows the rules of criminal procedure and evidence.
• If there is a trial, the jury hears the evidence and decides whether the defendant is guilty or not guilty.
• There may be witnesses who testify and present evidence to support each side’s case. There may be a victim of the crime who testifies as a witness.

1. Investigation: Many cases start with the police investigating a reported crime. The police may interview the victim or witness and look for evidence at the crime scene. For complicated crimes, the investigation can take a long time.
2. Arrest: The police arrest the person believed to have committed the crime. This is also called taking the person into custody and the person cannot leave. The officer can arrest the person without a warrant if the officer has probable cause to believe that the person committed a felony. If the crime was a misdemeanor, the officer can arrest the person without a warrant if the officer sees the person committing the crime, or in some domestic violence or drunk driving cases.
3. Citation or Summons: Some cases start without an arrest. A police officer can give a citation like a traffic ticket that requires the person to go to court on a specific day. The court can also send the person a summons that states a specific day to come to court.
4. Booking: After arrest, the police can take the person to a police station or jail for booking. The person has the right to call a lawyer. The police or jail official will fingerprint and photograph the person and write down the charges against him or her. For less serious offenses, the person often can pay bail right away and get out of jail. If the person stays in jail, the staff will search for weapons or drugs, take their personal items to keep safe, and deal with any medical issues. Police may ask to talk to the person, for drug and alcohol tests, or for permission to search their house or car. The person may also go before a magistrate judge immediately for a bail hearing.
5. Police report: The police will write a report about the crime for the prosecutor. This report summarizes the events leading up to the arrest or citation and provides witnesses’ names and other relevant information. The prosecutor then decides whether to file charges and, if so, what charges to file.
6. Complaint or Information: If the prosecutor decides to file charges in court, the name of the document depends on the type of crime. For misdemeanors and some felonies, the document is called a "criminal complaint" or "information" and it says the person committed a specific crime. It includes "counts" which describe each violation of separate laws. "Indictment" issued by a grand jury is the document for other felonies. The person becomes known as a "defendant" when the case is filed in court.

If you cannot afford your own lawyer, the court will appoint a lawyer for you, often a public defender. Make sure you tell the judge the first time you go to court that you cannot afford a lawyer. The court determines eligibility by comparing the defendant’s financial resources to his or her expenses. The expenses include housing, utilities, food, health care, child care, insurance, one vehicle, minimum loan and credit card payments, and child support.

The court appoints an attorney without asking more questions if it finds:

• the defendant currently receives state or federal public assistance benefits such as: the Alaska Temporary Assistance Program, Adult Public Assistance; General Relief; Food Stamps (SNAP); Medicaid; or Supplemental Security Income (SSI);
• the court appointed an attorney for the defendant sometime in the past year and the defendant’s financial resources are about the same as at that time; or
• the defendant’s gross annual income is less than the adjusted federal poverty guidelines amount for the defendant’s household size, and the defendant’s other financial resources (cash, assets, and credit) are less than 50% of the likely cost of a private attorney through trial. This amount can vary from $2,000 for a misdemeanor to $20,000 or more for the most serious felonies.

For a defendant who does not meet the above criteria and wants a public defender, the court:

• can order a defendant to provide detailed financial information to discuss at a hearing, and
• can require the defendant to try to find a private attorney and tell the court about the search.

If you are charged with a criminal offense and cannot afford to hire a lawyer, you are entitled to a court-appointed attorney. Learn more about getting a court-appointed lawyer. You can file:

Request for Appointed Attorney, CR-205

Within 3 days of the trial court’s decision denying a court-appointed lawyer, you may ask the presiding judge to review the trial judge's decision by filing:

Request for Review of Order Denying Court-Appointed Counsel, CR-212

If you are not convicted, you usually will not have to pay for a court-appointed lawyer.

If you are convicted, the court will enter a judgment against you to pay for part of the cost of your appointed lawyer. The amount you must pay will be based on the offense you are convicted of committing as set out in the table below. In unusual circumstances, you could be required to pay more or less than the amount below. These amounts are much less than you would have to pay for a private attorney.

You have the right to refuse a lawyer and represent yourself, but the court will consider carefully whether your decision is voluntary and intelligent and whether you have the ability to represent yourself. This means that nobody has forced you to make the decision and that you understand the consequences of not having a lawyer. If you are charged with a felony level offense, you must at least talk with a lawyer before deciding to represent yourself. You should think very carefully whether you want to represent yourself in a criminal matter because there may be very serious consequences if you are found guilty.

Yes, the U.S. and Alaska Constitutions provide for the right to have a speedy trial. Alaska Criminal Rule 45 requires a trial within 120 days from the date a charging document is served on a defendant, not including specific exceptions that are allowed to make that time period longer. However, there can be practical and strategic reasons for a criminal case to take a long time to resolve, including the need for a defendant to have enough time to plan a defense and both sides to ask the judge to decide certain things before the trial.

The defendant can give up or waive the right to a speedy trial. It is very important that a defendant gets advice from a lawyer before making this decision.

It varies based on the specifics of each case. Defendants in felony cases often file motions to dismiss their indictments, arguing that the evidence presented to the grand jury would not result in a conviction even if it is all true. Lawyers may need more time on discovering the evidence and may file motions about discovery. Defendants also file motions to suppress (not allow) some or all of the prosecution’s evidence, arguing that the state broke laws in getting its evidence. The judge needs time to decide motions and sometimes can only do so after holding an evidentiary hearing or oral argument. If the judge dismisses charges because of an error that can be corrected, the prosecutor may file the charges again. Some defendants decide that filing a motion to suppress or dismiss is worth some delay because winning the motion could result in dropping the entire case or reaching a favorable plea deal.