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Alaska Civil Rights Questions & Answers
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 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 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 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 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 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 Civil Rights and Constitutional Law for Alaska on
Q: In Alaska can you sue the police department?

If so would you be suing the police department itself, the chief of police, or the officer in charge?

James L. Arrasmith
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answered on Dec 5, 2023

In Alaska, it is possible to sue a police department, but the specifics depend on the nature of your claim and the details of the incident. When suing for actions like misconduct or violation of civil rights, the lawsuit can be directed at the police department, the specific officer involved, or... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Alaska on
Q: In Alaska can the police search and impound our vehicle without permission/warrant cuz a passenger is on probation?

Also can a cop remove your purse after telling us to exit the vehicle and set it back in the vehicle before the search?

James L. Arrasmith
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answered on Nov 12, 2023

In Alaska, as in other states, the legality of a vehicle search by the police can depend on various factors, including the specific terms of a passenger’s probation. If a passenger is on probation, and if their probation terms include consent to searches, the police may have the authority to... View More

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Alaska on
Q: I was arrested on May 23 2023 for a crime I didn't do I have videos proving my innocent

I have videos of the police trying to frame me by throwing drugs into my car and lied on police report where they arrested me I was followed 6 city blocks and was beaten badly...I now have TBI AND PTSD AND IMPULSIVE DISORDER AND PERMANENT NERVE DAMAGE IN MY LEFT HAND AND ANKLE because they tried... View More

James L. Arrasmith
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answered on Nov 12, 2023

In Alaska, if you were arrested and have evidence, like videos, that suggest police misconduct and prove your innocence, it's crucial to take immediate action.

First, secure the videos in a safe place and make copies. You should present this evidence to your attorney as soon as...
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1 Answer | Asked in Criminal Law and Civil Rights for Alaska on
Q: Is it against the law for a probation officer to force you to work,when you've already payed off everything

All I have left is being on probation time,11 more months.Plus I live off grid on generator & propane and get 30-40 ft and it reaches -40 out.She told me to ride a bike to get a job!! Its not court ordered and my fiancee is providing all financial needs,shelter and food.My fiancee works from... View More

James L. Arrasmith
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answered on Nov 12, 2023

As a probationer, you are subject to the conditions set by the court and the probation officer overseeing your case. Generally, probation officers have some discretion in setting conditions that they believe will aid in rehabilitation and ensure compliance with the law.

However, these...
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1 Answer | Asked in Animal / Dog Law, Civil Rights and Personal Injury for Alaska on
Q: I have a 14 and a half year old American dog. The veteran neutered him without my permission. What can I do?
James L. Arrasmith
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answered on Oct 23, 2023

I'm truly sorry to hear about your situation. In general, veterinarians should obtain explicit consent before performing any medical procedures on a pet, including neutering. If they performed a procedure without the owner's permission, they may be liable for professional negligence or... View More

1 Answer | Asked in DUI / DWI, Civil Rights and Constitutional Law for Alaska on
Q: Cop got search warrant to search blood after passing breathalyzer no accident nor was he unconscious is this valid

There was no signs of drug use to get warrant to search blood blew .05 failed field sobriety tests admitted to drinking a couple beers cops got a search warrant to search blood no accident nor was he unconscious tried to refuse the blood draw asked to speak with attorney before they took blood was... View More

James L. Arrasmith
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answered on Sep 11, 2023

In a situation like the one you've described, the validity of the search warrant for a blood test largely hinges on the totality of the circumstances leading to the warrant being issued. The fact that the individual failed the field sobriety tests and admitted to consuming alcohol might have... View More

1 Answer | Asked in Bankruptcy, Consumer Law, Personal Injury and Civil Rights for Alaska on
Q: Our tribal corporation gets millions in federal dollars. They're going to bankrupt our private store that barely floats.

I live in a small native village in Alaska. Our native corporation gets millions of federal dollars that's supposed to help the locals. They built a big apartment complex to provide more housing for locals (which I loved at first), but they mostly rent to entities that bring in outsiders for... View More

Timothy Denison
Timothy Denison
answered on May 20, 2023

What is your question?

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Alaska on
Q: I lied on a report about my daughter and the whole police report was a lie so can you please help me get it off record?
James L. Arrasmith
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answered on Mar 11, 2023

If you lied on a police report about your daughter, it is important to understand that attempting to get it removed from the record could potentially result in criminal charges for filing a false report.

It is recommended that you seek legal advice from an experienced attorney who can...
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1 Answer | Asked in Criminal Law, Personal Injury, Real Estate Law and Civil Rights for Alaska on
Q: Homeless disabled ward of state abused as free labor and sexual physical abuse often to trade for shelter a

I was evicted without opa or lawyer present . I was told I abandoned my apt and locked out n things thrown in dump . Opa aware I'm dying and trafficked but no help. How can I better advocate or get my funds to live . I'm disabled with speech impediment

Tim Akpinar
Tim Akpinar
answered on Mar 12, 2022

An Alaska attorney could advise best, but your question remains open for two weeks and your situation is a difficult and heartbreaking one. Under the posted categories, personal injury, real estate attorneys aren't going to know about this - the eviction issue is something for a... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Gov & Administrative Law for Alaska on
Q: Who to contact regarding Alaska OCS repeatedly failing to appear for court for hearing to determine return of children?

The assigned attorney fails to give briefings before the hearings and fails to offer any advice. She is pretty much just a County paid paper pusher.

Stefan Otterson
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answered on Jul 21, 2021

When you or your attorney calls OCS, you can generally ask for the immediate supervisor of the assigned worker. If that doesn't work, you can usually get the next person up. Keep going as far as you can. If necessary, try the Juneau main office. In some cases, the state Ombudsman can... View More

1 Answer | Asked in Employment Law and Civil Rights for Alaska on
Q: Can a company use screenshots taken from a private message on social media to discipline an employee?

A coworker’s social media account was accessed by another employee on a work computer. Screenshots were taken by employee who was not intended recipient. They are being used against me in a disciplinary meeting. Neither of the intended parties gave permission for screenshots to be taken of... View More

Greg Mansell
Greg Mansell
answered on Nov 6, 2019

If you work for a private employer, yes. Your employer can take action. The employee who intercepted them, however, may have violated laws in how they were obtained.

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