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Alaska Questions & Answers
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 Probate for Alaska on
Q: My dad changed his will the day before he died and I don’t believe he was in his right mind to do so. what can I do?

He suffered a couple strokes a few months prior and found at that time that he had terminal lung cancer. After his strokes he kept saying things like he was now 20 volt like a battery over and over and didn’t know who his children were. The day before he changed his will he sat quietly eating a... View More

Anthony M. Avery
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answered on Aug 31, 2023

Is the Will filed for Probate? If not, then it means nothing, and the Decedent's heirs and next of kin take his assets. If the new Will is filed, start putting together witnesses to his incompetency, especially MDs. Then hire a attorney to contest the Will. But be advised a surviving... View More

1 Answer | Asked in Criminal Law for Alaska on
Q: What does a judge have to have to get a search warrant
T. Augustus Claus
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answered on Aug 2, 2023

To obtain a search warrant in Alaska, a judge must have probable cause to believe that evidence of a crime is present at the location to be searched. Probable cause is a reasonable belief based on facts and circumstances that would lead a reasonable person to believe that evidence related to a... View More

1 Answer | Asked in Small Claims for Alaska on
Q: I had lost peace of luggage that Alaska Airlines FedExed to me and FedEx delivered it to the wrong address who is respon

who is responsible for reimbursing

me for the contents

Maurice Mandel II
Maurice Mandel II
answered on Jul 11, 2023

Depends on whether FedEx was given the right address by Alaska. They may both be responsible. Sorry to hear you lost your luggage, air travel is stressful enough without losing luggage these days. You might consider contacting FedEx to see what their claim procedure is, if not satisfied, consider... View More

1 Answer | Asked in Family Law and Child Custody for Alaska on
Q: If my parental rights were terminated and my daughters were adopted by their grandparents, how do I go about seeing them

I live in Alaska.

Stefan Otterson
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answered on Jun 13, 2023

It sounds as though your rights were terminated without your consent. If that's the case, then you just have to ask nicely, because it's completely up to the adoptive parents whether they allow visits or not. The prevailing thought on adoptions is that it is good for kids to have some... View More

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, Family Law, Personal Injury and Adoption for Alaska on
Q: How do I get a probono lawyer in alaska or how do I go about obtaining one?
Tim Akpinar
Tim Akpinar
answered on Jan 8, 2023

An Alaska attorney could advise best, but your question remains open for two weeks. As a starting point, here is a link to the Alaska Bar Association page - Pro Bono Legal Service Providers

https://alaskabar.org/for-lawyers/pro-bono/pro-bono-legal-service-providers/

This is not an...
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1 Answer | Asked in Family Law and Adoption for Alaska on
Q: Grandmother adopted children from OCS can mother live there after her parental rights were terminated

The mother was deemed an unfit parent and parental rights were terminated by OCS. Grandmother adopted the two of the children who now live with her. The mother was allowed 2 days of visitation a week but it had to be supervised my grandmother. The mother has been living with her mother for the past... View More

Stefan Otterson
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answered on Dec 27, 2022

As the adoptive parent, the grandmother has the legal right to make all decisions for the child, including who is around the child. So the unfit bio mother being there is not in itself a problem. However, like all parents, the grandmother could lose her parental rights just like the mother did.... View More

1 Answer | Asked in Civil Litigation for Alaska on
Q: Someone came on my property without talking to me and cut a tree down what do I do
Tim Akpinar
Tim Akpinar
answered on Nov 23, 2022

An Alaska attorney could advise best, but your question remains open for five weeks. You could try to arrange a quick consult with a local attorney, to discuss options based on whether the circumstances were related theft (timber), necessity (tree posing a storm hazard), or other. Good luck

1 Answer | Asked in Employment Discrimination for Alaska on
Q: I work for a plumbing company and use the. Ompany phone for personal as well but I have a boss that is not an owner addi

Addicted and is listening to every phone call and messages and my email he has also put a cll filter on he listen to me at my home I also am bisexuality that Noone knows and he found out bye listening and hereinng everything I do even when I take the phone in the bathroom

Brad S Kane
Brad S Kane
answered on Nov 8, 2022

If you are using the Company phone, the Company probably has a policy notifying you that your use of the equipment is not private. Thus, it is probably not illegal.

You should consider get a personal phone to protect your privacy.

1 Answer | Asked in Education Law for Alaska on
Q: If my friend robs someone and I'm unaware and I shoot the person believeing they were going to shoot me can I be held

This is for a friend

Tim Akpinar
Tim Akpinar
answered on Dec 4, 2023

An Alaska attorney could advise best, but your question remains open for four weeks. You should repost under Criminal Law; this is not an education law (the posted category) matter. It might still go unanswered, but you'd have a better chance of a response under the new category. Good luck

1 Answer | Asked in Real Estate Law for Alaska on
Q: my mom & I bought a house together. The deed states 50/50.

my mom & I bought a house together. The deed states 50/50. She paid it off. Her will is now worded to make it sound like she is sole owner and that she has all the rights to make the decisions on the property, after she dies. The attorney led her to believe that since she paid if off that its... View More

Anthony M. Avery
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answered on Oct 24, 2023

Hire an attorney to search the title and determine titled ownership. He should have an opinion about contribution in the event of a partition or other sale.

1 Answer | Asked in Car Accidents and Personal Injury for Alaska on
Q: Is there a way to release myself from liability of my reaction if someone hits my car with my child inside?

If i place a bumper sticker on my vehicle that reads something along the lines of " by hitting my car while my child is inside, you agree to release me from any liability of my reaction" could I still get in trouble for losing my temper and hitting the offending driver if I'm not at... View More

John Michael Frick
John Michael Frick
answered on Aug 30, 2023

Yes you would most likely still be charged with battery

1 Answer | Asked in Divorce and Real Estate Law for Alaska on
Q: How do I remove my girlfriend from the deed to our house we bought together?

We bought it together, money may have come from both accounts, but it all originated from my paychecks, as she made next to nothing during that time, and continued to make next to nothing until very recently. We don’t want to live together, and neither of us are willing to leave. Obviously this... View More

Anthony M. Avery
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answered on Aug 2, 2023

You will probably need to hire an AK attorney to file an action for a Sale For Partition.

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Alaska on
Q: Do companies have a legal obligation to protect customers from sexual harassment by the company’s employees?

I'm a client which I've been working with a contracting company. One of female managers won't stop flirting with me. She's married too. The manager likes to share their past and current sexual experiences. Do companies have a legal obligation to protect customers from sexual... View More

Brad S Kane
Brad S Kane
answered on Jun 24, 2023

Sometimes. For good discussion of the issues go to:

https://www.employmentlawworldview.com/the-customer-may-not-always-be-right-when-it-comes-to-sexual-harassment-us/

1 Answer | Asked in Employment Law for Alaska on
Q: Hi there My name is Veronica and I am a traveling nurse from florida. I took a contract with a nursing agency

I flew out from florida with the impression I was going to work in bethel Alaska. Upon arriving to anchorage I was told the hotel I was supposed to stay at closed down and that I should get a hotel in anchorage. Thus far I am out of pocket $1900.

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 6, 2023

You should check your contract to see if there are any provisions that cover reimbursement for out of pocket expenses. Even if there aren't any, you should make a written request for reimbursement for the out of pocket expenses you've had to incur as a result of this error.

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 Employment Law for Alaska on
Q: Employer says company won’t compensate for weekend travel per “company policy” but state dept. of labor info differs?

Traveling for work purposes out of state (to CA). Company booked flight for Saturday morning, departing 6am, arriving at 6:30pm in CA. Working the following day (Sunday). Company says travel will only be compensated during normal employee hours per policy (job is mon-fri, 8-5pm). But state dept. of... View More

Brad S Kane
Brad S Kane
answered on Mar 28, 2023

You should provide copies of the California Division of Labor Standards enforcement as well as the Alaska Department of Labor print outs showing that travel time on weekends is still compensable work time.

1 Answer | Asked in Environmental, Land Use & Zoning, Real Estate Law and Construction Law for Alaska on
Q: Can I be denied permits for a very large developement project on my land on the basis of keeping the land undeveloped?

Lets say I own a deeded 64,000 acre block of forested land with no conservation easments. Then lets say I want to build a town on this land. Houses, subdivsions, trailer parks, businesses, industrial zone, roads. highways, etc. Assuming all the structures to be built are up to code and don't... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 23, 2023

Assuming that your land is in an organized borough or municipality, yes, there are many factors that might make it difficult to develop the land. Check with the code enforcement office of your borough or municipality to see what you might need to do.

1 Answer | Asked in Real Estate Law for Alaska on
Q: My neighbors property caught fire and burned my mature fruit producing trees. It also acted as a privacy boundary line.

My neighbor doesn’t occupy his home as apermanent residence. He has acres of 4ft weeds and hired workers who were not with the right equipment to mow some of it down which caught fire. It spread to my tree line of mature fruit producing trees and burnt my fence post down. What should I do?... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 23, 2023

It is unclear whether your property is in Alaska or in Washington. But in any event, you should contact your neighbor's property insurance carrier, if he has one.

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