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Alaska Criminal Law Questions & Answers
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 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 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 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 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, Federal Crimes and Domestic Violence for Alaska on
Q: Can I own a firearm if I was charged with DV assault and subsequently the prosecution reduced/amended the charge?

I was charged with Assault IV Domestic. The court quickly offered a plea bargain to plead guilty to harassment. The convicted charge is specifically NOT a charge of domestic violence. The court removed the DV from the case entirely. All records besides the initial police report don’t mention DV... View More

James L. Arrasmith
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answered on Oct 23, 2023

Your situation highlights a challenging intersection between state and federal laws. Under the Lautenberg Amendment, individuals convicted of a misdemeanor crime of domestic violence are prohibited from possessing firearms. Even if your state charge was amended to remove the "DV"... 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 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 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 Child Custody, Criminal Law and Family Law for Alaska on
Q: Can we move out of state with our child and have the cases transferred

Our son is a child in need of aid but the court granted us full custody and rights over our child. We were in the process of moving to Texas to be with family can we still move and have our case transferred. We have another hearing in 6 months and how fast can we leave

Stefan Otterson
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answered on Oct 10, 2019

More information is needed to answer you question. Child custody jurisdiction usually requires that you and the child reside in the new state for at least 6 months before that state can handle custody matters. However, that's not automatic, and if the other parent still resides in the... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Construction Law for Alaska on
Q: How can I get a pro bono? I need one for a criminal case. Can you please point me in the right direction.

All the help I can get would be really appreciated. Thank you.

Gary Kollin
Gary Kollin
answered on Feb 9, 2019

The public defender is the one who provides legal services to the people without funds

1 Answer | Asked in Criminal Law for Alaska on
Q: Does ANYONE do PRO BONO?
Tim Akpinar
Tim Akpinar
answered on Jan 12, 2019

Contact the Alaska Bar Association.

Tim Akpinar

1 Answer | Asked in Criminal Law and DUI / DWI for Alaska on
Q: I was placed on felony probation after serving time for a felony dwi it will be 10 years ago this may I would like to ca

Case dismissed

Daniel P Leavitt
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answered on Oct 16, 2018

You will want to talk to an Alaska attorney who does criminal defense to see if they will consider dismissing your case in your circumstances.

2 Answers | Asked in Criminal Law, Domestic Violence and Wrongful Death for Alaska on
Q: How do I find a lawyer that will do my case as a Pro Bono? I don't have much money if any and I really need some help.

Please if you could point me in the right direction I'd really appreciate it so much more then you know. Thank you for taking the time to read this

Gary Kollin
Gary Kollin
answered on Sep 29, 2018

Yes. There is an entire law firm. It is called the Public Defender's Office.

If you asking I seek a law firm for you, what can I tell the firm about the following?

What makes you special that you should deserve free services?

Have you paid it forward? That means what...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Alaska on
Q: So, the police in my city took my firearm as evidence back in december and the prosecutor sent them the release in Jan.

The detective still will not release my firearm when I am the owner of it and no crime was commited. What do I need to do to get my property back?

Timothy Denison
Timothy Denison
answered on Apr 16, 2018

Send the detective a certified letter requesting release of the property or the reasons why the property is not being released. If there is no response, you should contact a lawyer and have him send a letter prior to filing suit.

1 Answer | Asked in Criminal Law, Traffic Tickets, Landlord - Tenant and Public Benefits for Alaska on
Q: In court language anchorage ak what does just 3AN-P mean or represent.
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 11, 2017

It could be part of the case number.

3 = Third Judicial District

AN = Municipality of Anchorage

P = probate (?)

1 Answer | Asked in Criminal Law and DUI / DWI for Alaska on
Q: Can a Felon with DUI CLASS C FELONY legal buy and Posess a firearm in Alaska?

I have found different answers on alaska.gov

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 17, 2017

It's a federal crime for a convicted felon to possess a firearm. So unless the state site references the federal law it's incomplete.

1 Answer | Asked in Criminal Law and Family Law for Alaska on
Q: Hi my sister who is legally age took mostly all of my belongings without permission and packed them up while i was away

What charges can i press in Alaska on her?

I am 22.

Stefan Otterson
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answered on Mar 21, 2017

Although you are family members, neither of you has an obligation to the other that goes beyond what two strangers would have. This isn't a matter of family law. You could report your sister's acts to the police, or you could bring a civil lawsuit yourself. Unless the property value... View More

1 Answer | Asked in Criminal Law for Alaska on
Q: The Police Investigator in my husband's case also operates a private detective business. Is this legal?

The investigator interviewed CIs in his private office and used his issued police radio in a photo advertising his business. In his LLC filing with the department of commerce, he listed "solving criminal cases" as one of the purposes of his business. We live on an island of 4000, and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 28, 2017

No, it doesn't appear that the fact that this individual runs a private business on the side affects the validity of his investigative results. Whether or not members of the community think of him as a police officer or as a private investigator doesn't appear to matter as well. Alaska,... View More

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