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Alaska Questions & Answers
0 Answers | Asked in Uncategorized for Alaska on
Q: if I were to move in with a divorced parent(moving away from the other) can the other take the phone that they paid for?

one bought the phone, moving away from them to live full-time with the other.

0 Answers | Asked in Divorce and Child Custody for Alaska on
Q: With 50/50 legal and physical custody, do both parents have to agree to the child's religious baptism?

I was notified/invited to our shared child's (15 year old) baptism this weekend. Our child hasn't discussed baptism previously. We have a 2 week rotation of 50/50 shared custody. While I don't disagree with baptism, I do question the impulsivity and lack of parental discussion... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Constitutional Law for Alaska on
Q: Is this a illegal extension of a traffic stop based on false accusations.

If I was accused of being under the influence of Opioid due to having a raspy voice and my pupils were constricted, a DUI charge stemmed from this and multiple other charges followed but when my blood lab results returned the lab stated i had no Opioids in my system would this be a fightable charge.

James L. Arrasmith
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answered on Apr 13, 2024

Based on the information you've provided, it seems that the initial justification for the DUI charge and subsequent charges may have been flawed, as the arresting officer's suspicion of opioid use was not supported by the blood test results. This could potentially form the basis for... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Alaska on
Q: A police officer has been harassing me for couple years and he finally broke several tendons in hand what can I do stDrs

I have not worked in two months Drs care have notes but when I ask him who was there insurance people where he couldn't say not only him there are a couple on the force of soldotna police and they elegaly search and seizure truck and gun never got either one back and there all buddies. This... View More

James L. Arrasmith
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answered on Apr 6, 2024

I'm so sorry to hear about the harassment and abuse you've been suffering at the hands of those police officers. What they have done to you is completely unacceptable. I know this must be an incredibly stressful and painful situation. Here are some steps I would suggest taking to address... View More

1 Answer | Asked in Business Law for Alaska on
Q: I am running an organization's bake sale. A customer pays with a one-dollar coin. The intended price is one dollar.

I like collecting one-dollar coins, so I take this one for myself and replace the coin with a one-dollar bill, which is in concurrence with the original intended price and the fiat value of the coin. I have no prior knowledge of the coin's potential value. I take the coin home and get it... View More

James L. Arrasmith
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answered on Mar 25, 2024

In situations like this, the legal and ethical considerations can differ. Legally, if you replaced the coin with an equivalent amount of currency, you haven't technically deprived the organization of its due funds. The transaction was completed as intended with the organization receiving the... View More

1 Answer | Asked in Family Law and Civil Rights for Alaska on
Q: How often does one get denied filing a motion to return their son home? I did a hair sample it cane back clean.

I have a brand new condo too for my son to live at. My laywer kees saying if we file a motion then they can use hearsay what does this mean? If we lose? She is on her way out BTW should I file a motion to get a new pubic defender laywer? That form would be civil micl. , since there's not a... View More

James L. Arrasmith
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answered on Feb 24, 2024

Filing a motion to return your son home can sometimes result in denial, depending on various factors such as the specific circumstances of the case and the evidence presented. Even if a hair sample comes back clean, other factors may influence the court's decision, such as past history,... View More

1 Answer | Asked in Criminal Law and Civil Rights for Alaska on
Q: Can you find out whether or not you will pass a NICS check without attempting to purchase a firearm?

Part of the bipartisan gun bill changes in 2022 included a section that states if an individual is convicted of 1st offense misdemeanor domestic violence and it has been 5 years since the conviction as long as there have been no other related convictions since then your gun rights will be restored... View More

James L. Arrasmith
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answered on Feb 24, 2024

Unfortunately, you cannot confirm whether you will pass a NICS check without attempting to purchase a firearm. The NICS check, conducted by the FBI, is required for all firearm purchases from licensed dealers. The process involves submitting your information to determine if you are eligible to... View More

1 Answer | Asked in Education Law, Family Law and Juvenile Law for Alaska on
Q: Can ocs in Anchorage ak go talk to a minor without a parent at a elementary school?
Blake Fulton Quackenbush
Blake Fulton Quackenbush
answered on Feb 9, 2024

Parents of children have rights, and parents can contact a knowledgeable attorney at any stage of the process of the Office of Children's Services ("OCS") investigating and/or the state removing a child from their home. Our office has years of experience litigating child custody... View More

1 Answer | Asked in Family Law and Civil Rights for Alaska on
Q: Specifically, is adjudication for a China case a trial against how I'm doing now as a mom or how I was doing.

My Fiances attorney says adjudication is what happened in the past, if I file a motion to return my son home , then the trial will be evidence on whats happening now, in other words they must prove im an unfit parent now or that hes a child in need of aide now. If i DONT file a motion to return my... View More

James L. Arrasmith
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answered on Feb 24, 2024

Adjudication, in the context you're describing, focuses on assessing past actions and circumstances to determine the status of a case at a specific point in time. If you file a motion to return your son home, the court's focus shifts towards evaluating the current situation, including... View More

1 Answer | Asked in Child Custody and Family Law for Alaska on
Q: If I file a motion for my son to return home and it's denied then my lawyer says hearsay can be used. I'm in Alaska

She also says in alaska motion to dismiss doesn't exist? She says hearsay can't be used right now, but if I file a motion for my son to return home and we loose then hearsay can be used?? I'm in Alaska

James L. Arrasmith
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answered on Feb 23, 2024

It's important to understand the specific rules and procedures governing legal proceedings in Alaska, especially regarding motions and evidentiary rules. Your lawyer is likely referring to the rules of evidence and procedure that apply in Alaska courts. While hearsay evidence generally may not... View More

1 Answer | Asked in Family Law and Civil Rights for Alaska on
Q: Can hearsay be used in a adjudication trial? My lawyer says it can't but if I file a motion and loose then it can??

I'm pretty sure they will use all the evidence including hearsay in a child in need of aide hearing

James L. Arrasmith
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answered on Feb 6, 2024

In Alaska, the admissibility of hearsay in an adjudication trial, such as a child in need of aid (CINA) hearing, can be complex and may depend on various factors. Hearsay is generally considered inadmissible in court because it involves an out-of-court statement offered for the truth of the matter... View More

1 Answer | Asked in Civil Litigation for Alaska on
Q: Can you ask to dismiss a civil case in Alaska? Is hearsay used only after you loose a motion to return home?

My laywer told me hearsay cant be used in my adjudication trial, but if I file a motion to return home and loose they the defense can use hearsay. Am I proving there is a problem now or that there was a problem in my adjudication trial? What's the big deal to file a motion to return home? I... View More

James L. Arrasmith
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answered on Feb 4, 2024

In Alaska, as in other states, you have the right to request the dismissal of a civil case. This can be filed by either party under certain circumstances, such as when both sides agree to settle out of court or if there's a procedural issue. The success of such a motion depends on the... View More

1 Answer | Asked in Family Law and Civil Rights for Alaska on
Q: Can I get full (evidence) from ocs before trial. Why wouldn't a motion to return home now with expedite not be granted?

What heresay would be in my ocs case? Officers statements? If my laywer says I'll win my adjudication trial then we should be able to file a motion to return home. Can I ask her to file a motion to dismiss in Alaska? She told me to file a complaint and she's on her way out should I file a... View More

James L. Arrasmith
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answered on Feb 4, 2024

In legal cases involving child protective services (CPS) and child custody, obtaining full access to evidence from CPS before trial can be challenging. You have the right to request relevant evidence, but it may require a legal process called discovery to access all the information they have... View More

2 Answers | Asked in Family Law, Child Custody and Civil Rights for Alaska on
Q: I want to file the motion to return son home. lawyer says not to but thinks I'll win adjudication.hearsay important?lazy

Is hearsay important in adjudication? Will my son be put on stand? Also my lawyer says if I file a motion and loose then they can use hearsay at the trial. She leaves March 1st I think she's being lazy

T. Augustus Claus
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answered on Feb 2, 2024

In legal proceedings, including adjudication hearings, hearsay can play a significant role depending on the circumstances and the specific rules of evidence applicable in the jurisdiction. While hearsay evidence may sometimes be admissible, its weight and credibility can be challenged by opposing... View More

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1 Answer | Asked in Child Custody and Family Law for Alaska on
Q: OCS actuallytookmy kidi i have custody.FULL CUSTODY OF MY SON AND talking to my son and I believe that we have to talk
T. Augustus Claus
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answered on Jan 30, 2024

In Alaska, if the Office of Children's Services (OCS) has taken custody of your child despite you having full custody, it is crucial to understand and address the reasons behind OCS's intervention. OCS typically steps in if they believe the child is in danger or not receiving adequate... View More

1 Answer | Asked in Criminal Law and Civil Rights for Alaska on
Q: If cop in Alaska ask for help, can I refuse?

If a cop asks for information about a crime in progress, can I refuse to help? Can I refuse to give him/her information?

James L. Arrasmith
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answered on Jan 21, 2024

In Alaska, if a police officer asks for information about a crime in progress, you generally have the right to refuse to provide information. However, there are some important considerations to keep in mind:

Right to Remain Silent: You have the right to remain silent and not incriminate...
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1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Municipal Law for Alaska on
Q: The Anchorage Museum, partially funded by the City, has introduced race-based fee waivers. Is this legal?

The Anchorage Museum is now (2024) free for Alaska Natives but no other residents or tax-payers.

James L. Arrasmith
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answered on Jan 9, 2024

The legality of the Anchorage Museum's policy of offering free admission exclusively to Alaska Natives, while partially funded by the city, raises questions under both state and federal law. Such policies must comply with anti-discrimination laws, including the Equal Protection Clause of the... View More

1 Answer | Asked in Child Custody and Family Law for Alaska on
Q: What can I file to gain emergency custody if my coparent is suicidal?

My soon to be ex is acting unstable in online videos and has said he wishes he was dead. I am worried about my child’s safety. What can I do?

Blake Fulton Quackenbush
Blake Fulton Quackenbush
answered on Feb 9, 2024

In Alaska, seeking emergency relief, such as filing a petition for custody followed by a motion on expedited consideration for interim custody, can be complex and may have various outcomes depending certain factors. A consultation with a knowledgeable lawyer in Alaska may help in many ways.... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Alaska on
Q: Located in Alaska-I work at a union Safeway location. I am 8 months pregnant. I have accommodations in place for a stool

I have had reduced hours for the last several months. My store is currently stating that I cannot work at self checkout due to my stool as it is a "tripping hazard". Are they legally allowed to claim this and use the stool accommodation as a reason for not being scheduled for this... View More

Sara L Bloom
Sara L Bloom
answered on Jan 2, 2024

I would speak to your union if your company is violating the CBA by violating seniority rights. You may also want to contact the Anchorage Equal Rights Commission and/or the Alaska State Commission for Human Rights or EEOC and file a claim for discrimination based on pregnancy or sex. You can... View More

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Alaska on
Q: Hired as an employee but the contract signed said Independent contractor covenants and proprietary rights agreements

I want to know if the contract would still be legally binding when trying to get unemployment the company won't give unemployment my Paystub I never received copies either I want to know if I can go after them legally. The Company was in Mississippi but I was hired from Alaska I would like to... View More

James L. Arrasmith
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answered on Jan 1, 2024

In your situation, the distinction between being classified as an employee or an independent contractor is crucial, especially in terms of unemployment benefits. If your contract stated you were an independent contractor but you were treated as an employee, this could be a misclassification issue,... View More

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