With various levels of courts in the Alaska, each one has its duties. Alaska has one main administered, and state funded court process. Local governments don’t have their own court systems like some states. When dealing with a driving under the influence charge in Alaska you should try to know what is coming your way.
Being Informed And Getting Proper Representation
The driving while intoxicated court procedure in Alaska, as a processes is most like other states. What you will read here will give you a sketch of how you will be handled throughout the Alaska court system before to any ruling or case is judge. Remember this is just to get you prepared for the process and should not take the place of competent legal representation.
Being Charged With A DUI
The first contact you will have with Alaska justice when you are first confronted by police for drunken driving charge with DUI offense.
Knowing Your Rights
The arresting officers with tell you your rights which are known as Miranda rights as most America citizens already know. Your blood alcohol level will be determined.
Criminal Trials and Proceedings
In Alaska usually traffic rules apply to drunk driving charges that are criminal charges but may have civil implications as while as criminal penalties.
Misdemeanor or Felony
Most driving under the influence charges are criminal infractions by Alaska laws; they can be misdemeanor charge or a felony charges against you.
- Felonies are crimes that the penalty has incarceration in a federal or state prison for more than 365 days.
- Anything else is called misdemeanor offenses.
Arrests and Your Rights
Remember that being arrested restriction of a person’s movements. If law enforcement officials do not have probable cause to detain you, anything that follows as far as evidence is concerned cannot be used against you in a court of law.
Your Lawyer Will Help You
Your legal rights must be insured, for drunk driving arrests, however you have to protect your rights. In any court not just an Alaskan court, a district attorney isn’t going to let you know that his evidence was that obtained illegally. Your lawyer has to do this.
Negotiating to a lesser charge also known as plea bargaining are agreements by the prosecuting lawyer and the defense lawyer to solve a case without going to full trial.
Important Information About Plea Bargain
Something you should know about plea bargaining that is very important.
- Number one, a plea bargain is offered by defense lawyer to a prosecuting lawyer, even though the prosecutor offers a settlement. So a prosecutor may decide if he or she wants accept the offer right up to the time a trial starts and before the time that the court demands the offer as a settlement to the charges, and even up to the last minute.
- Number two, and very important, is that nearly all plea bargains will force the defendant to say that he or she is guilty of the charges he or she is facing. And because of this, he or she will face some sort of penalty.
The most important thing is getting an experienced DUI attorney that has handled many drunk driving cases that resulted in not guilty verdicts this is your goal; not guilty.