Alaska Court System Self-Help

In misdemeanor cases, the judge usually has information about the crime and the defendant's criminal record. The judge will usually sentence the defendant immediately after the trial or a guilty plea and may involve up to 1 year in jail, fines, and restitution.

In some felony cases, the judge will order probation officers to prepare a presentence report that is used to inform the appropriate sentence. The report describes:

• information about the defendant:
  • the defendant’s background,
  • past criminal record,
  • substance abuse history,
  • details of the crime,
  • need for treatment, and
  • likelihood for rehabilitation.
• information from the victim:
  • a victim impact statement, describing the physical and mental impact of the crime on the victim;
  • if the victim asks for restitution or for special conditions of probation for future protection; and
• information from the probation officer about sentencing recommendations.

There will be a sentencing hearing 3-4 months after the conviction so the probation has time to prepare the presentence report.

If an open sentence, the court determines the appropriate sentence that a defendant must serve upon conviction of an offense(s). At the sentencing hearing:

• both the prosecution and the defense can call witnesses to talk about what happened during the crime, the effect on the victim and the community, the offender’s background, the risk posed by the offender, and the prospects for rehabilitation.
• the victim has the right to speak about the impact of the crime and what sentence the judge should order.
• the presentence report writer answers challenges to the report.
• the judge always asks the defendant if he or she has anything to say.
• the judge sentences the defendant within the limits set in the law by the Alaska Legislature and the appellate courts. The judge may also discuss how mandatory parole will impact the sentence length.

The law requires the judge to consider:

• protecting the public,
• the defendant’s rehabilitation; and
• the victim’s interests.

The judge will decide whether to impose prison time, probation, fines, restitution and other requirements.

If the prosecutor offered a sentence through a plea agreement, the judge must still approve the sentence.

The sentence may include:

• prison,
• fines (see AS 12.55.035 ),
• community work service (see AS 12.55.055 ),
• restitution to the victim (see AS 12.55.045 ),
• treatment for substance abuse, mental health or anger management problems (see AS 47.38.020 ),
• surcharges (see AS 12.55.039 , AS 12.55.041 ), and/or
• probation (see AS 12.55.090 ).

For all offenses, there is a statutory maximum penalty. This means the law sets out the most serious penalty an offender can be sentenced to complete.

• Misdemeanors crimes result in prison sentences of up to 1 year. See AS 12.55.135 for more information regarding sentences for misdemeanors.
• Felonies carry different maximum penalties, depending on the class and the severity of the crime. See AS 12.55.125 .

Some offenses have mandatory minimum penalties required by statute.

• Before the trial starts, the lawyers choose a jury in a process called voir dire. The attorneys on both sides ask potential jurors questions to make sure the jurors will be fair and impartial.
• Both sides can give an opening statement that describes their evidence and what they plan to prove.
• During the trial, lawyers present evidence through witnesses who testify about what they saw or know.
  • The prosecutor goes first to offer evidence such as witness testimony, documents, photographs, laboratory test results, and physical objects, to convince the jury that the defendant committed a particular crime. The defense attorney can question (cross-examine) the witness testifying and usually tries to cast doubt on what the witness says by pointing out how it may be unreliable for different reasons.
  • The defense attorney often puts on evidence to dispute the prosecution’s case or to raise a reasonable doubt that the defendant committed the crime. But the defendant has the right to offer no evidence at all because it is the prosecutor’s burden to prove the defendant is guilty beyond a reasonable doubt. The defense attorney does not have to prove the defendant is innocent.
• After all the evidence is presented, both sides make closing arguments, talking about the facts raised at trial and offering theories on which the jury can base a verdict.
• Finally, the jury decides if the defendant is guilty beyond a reasonable doubt or not guilty by issuing a verdict.

A suspended entry of judgment (SEJ) is a type of probationary sentence. The court may “defer further proceedings” and place the defendant on probation if:

• a defendant is found guilty or pleads guilty to a crime, and
• the defendant and prosecution agree to it.

The maximum term of probation depends on the defendant’s offense. The term is set by AS 12.55.090(c) and may be anywhere from 1 year for most misdemeanors to 15 years for a felony sex offense. The defendant must follow all conditions of probation. If so, the court will dismiss the criminal proceedings, including having the charge removed from the defendant’s record.

Judges base the sentence on many factors, including:

• recommendations by the prosecutor, defense attorney, and presentence report,
• the sentence stated in the law for a specific crime,
• the victim’s interests, and
• other testimony.

Judges sentence defendants to prison to protect the public, to express the community’s condemnation, or to deter (discourage) the defendant and others from committing similar acts. Most defendants convicted of serious felonies such as rape, manslaughter and murder must serve many years in jail. Defendants convicted of felonies such as burglary and assault often serve jail time, particularly if they have a history of other felonies. A few misdemeanors, such as drunk driving, require jail time.

Judges often combine prison with other requirements. The judge can sentence a defendant to jail and suspend (hold back) part of the time, placing the defendant on probation for the suspended time. If the defendant violates probation conditions, he or she may go back to prison to serve the suspended time.

Before trial and sentencing, many defendants spend time:

• in jail
• in restricted settings like halfway houses and residential treatment programs, or
• wearing an electronic ankle monitor.

Pursuant to the law, the judge gives these defendants credit for time served, deducting the time spent waiting in these other setting from the total sentence. If the time spent waiting is about the length of an appropriate sentence, the judge may sentence an offender to time served and release him or her. If the offender is in jail for more than one offense, credit for time served applies to only one case.

If it serves the best interests of the public and the defendant, a judge may place him or her on probation for a definite length of time up to 15 years. In some cases, the judge can sentence a defendant to probation instead of prison.

A felony offender must report to a probation officer regularly, and follow the court’s conditions and officer’s requirements. Probation officers can arrange for extra help such as job counseling, education, and housing. The probation officer alerts the court If the offender does not follow the probation conditions, and the judge will decide what restrictions the offender will have.

Misdemeanor offenders do not get probation officers. If a misdemeanor offender does not pay fines and meet the conditions of probation, the court can issue a bench warrant to bring the offender back to court.

The judge can set probation conditions related to the offense or to rehabilitation, including;

• report to the probation officer on a set schedule for a felony case;
• report for alcohol and drug screening and get treatment if recommended;
• do not drink or use drugs and submit to testing;
• forfeit weapons used in the crime (give them to the court) and do not carry other weapons;
• submit to searches for drugs, alcohol, and weapons;stay employed, look for work, or go to school;
• pay fines to the court (common for traffic offenses and fish and game offenses);
• pay restitution to the victim (repairs, medical bills, counseling bills, and other losses);
• do community work service or volunteer work for a local organization;
• stay away from the victim (a common condition in sexual abuse and domestic violence cases);
• stay away from certain people or neighborhoods (area restrictions) (common in prostitution and drug cases);
• forfeit things used in the crime, such as airplanes and boats used on illegal hunting trips;
• give up revoked or suspended licenses (such as driving and hunting licenses);
• go to batterers intervention programs for assaultive or abusive offenders; and
• go to sex offender counseling.

If the offender violates the probation conditions in a felony case, the probation officer can bring the offender back to court by filing a petition to revoke probation. The probation officer can arrest the offender before the hearing if the offender's conduct places the public or the victim at risk. At the revocation hearing, the government must prove that the offender violated one of the probation conditions. The offender can have an attorney at any court hearings. The judge can continue probation, can put more restrictions on the offender, or can revoke probation and send the offender to jail.