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Alaska Sentencing Recommendation Pursuant to Restorative Justice Program

State:
Alaska
Control #:
AK-CR-311
Format:
PDF
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Description

Waiver of Indictment, is an official form from the Alaska Court System, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by Alaska statutes and law.

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FAQ

(b) Waiving Indictment. An offense punishable by imprisonment for more than one year may be prosecuted by information if the defendantin open court and after being advised of the nature of the charge and of the defendant's rightswaives prosecution by indictment.

(1) If the defendant was arrested without a warrant, the judicial officer at the first appearance shall determine whether the arrest was made with probable cause to believe that an offense had been committed and that the defendant had committed it.

If the grand jury decides not to indict, it returns a "no bill." However, even if a grand jury doesn't indict, the prosecutor can return to the same grand jury and present additional evidence, get a new grand jury, or even file criminal charges regardless.

A charge is brought against someone by a prosecutor. But in an indictment, a grand jury brings the charges against the defendant. All indictments are charges, but not all charges are indictments.

For a jury trial for a misdemeanor case: The law says how soon a defendant charged with a misdemeanor must be brought to trial.The defendant can waive (give up) the right to a speedy trial. This means the defendant agrees to have the trial after the required deadline (also known as waiving time).

The defendant can waive the right to a speedy trial (called a waiver or "waives time"). This means s/he agrees to have the trial after the 60-day period. Before the trial starts, the lawyers choose a jury. During the trial, witnesses may testify and the lawyers present evidence.

"7 (b) Waiver ol Indictment. An offense which may be punished by imprisonment for a term exceeding one year or at hard labor may be prosecuted by information if the defendant, after he has been advised of the nature of the charge and of his rights, waives in open court prosecution by indictment."

"7 (b) Waiver ol Indictment. An offense which may be punished by imprisonment for a term exceeding one year or at hard labor may be prosecuted by information if the defendant, after he has been advised of the nature of the charge and of his rights, waives in open court prosecution by indictment."

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Alaska Sentencing Recommendation Pursuant to Restorative Justice Program