Criminal attorneys - Alaska

The firm handles a general practice caseload, including but not limited to, plaintiff's personal injury, Alaska Native Corporation matters, domestic relations, wills and probate, criminal law, employment law and real estate matters. The firm's practice includes handling matters unique to rural Alaska such as air taxi accidents, disputes concerning. What is Criminal Law?Criminal law deals only with the crimes and punishments of people who committed crimes. A criminal act is any act or behavior that society has decided that should be punished by imprisonment, fine or both of them. The rules for criminal law vary depending on whether the charge is a felony or misdemeanor, and whether the case is held in state or federal court.Most crimes are divided into two categories: felonies and misdemeanors.Misdemeanors – crimes where the person faces less than one year in prison and are usually less serious crimes.Felonies – crimes that are punished by more than one year in prison and usually are the more serious of the two.Federal / State ProsecutionThe rules change depending on whether the crime is charged in State or Federal Court, but majority of criminal acts are dealt with in state courts unless:- The crime occurred on federal property.- Federal employee committed the crime.- The criminal activity affects interstate commerce, such as drug trafficking.Criminal Law ProcedureAlthough the rules often vary, most criminal proceedings include the following steps:Stop or InvestigationFor the police to stop or investigate you, they must have a reasonable belief that you violated the law.SearchIf a police officer believes that evidence is needed to further the investigation the search warrant is needed.To get a search warrant the officer must provide the issuing judge with probable cause, which usually means that there is enough facts to support the assumption that there is enough evidence present at the scene where they are going to search.A police officer doesn't need a warrant if there are exigent circumstances, which means there is an extreme need for personal or public safety to search the premises.InterrogationA person can be questioned as long as their constitutional rights are protected.The police must have probable cause to arrest an individual, unless the crime was committed in the officer's presencethe person must be afforded the constitutional right to obtain an attorney and to remain silent until speaking with that lawyer.Charge/release/bailThe police have a very short time after arrest in which it has to charge or release you.If the police decide to charge you, a complaint or indictment will be filed, and at an arraignment you will hear the charges against you.At this point you have the option to enter a plea of guilty, not guilty or no contest,in some cases a preliminary hearing may also be held.There may also be settlement conferences set to try to reach a plea bargain.TrialThe constitution guarantees the right to a trial by jury.The jury will make a finding of guilty, not guilty or acquittal Sentencing Hearing.The Court will determined the length and type of punishment you will receive.Accused of a Crime?If you are accused of a crime, you should speak to a lawyer immediately to learn more about your rights, your defenses and the complicated legal system.Victims of a Crime?If you are a victim of a crime, you should call the police. If there is sufficient evidence, the police will then forward your case to the District Attorney's office to prosecute the person who committed the crime against you.

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