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Alaska Motion for a Speedy Trial
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Overview of Penal Code 1382 PC A formal charge (aka, an "information) must be filed against the defendant within 15 days of arrest; For infractions and misdemeanors, a trial must be held within 30-45 days of arraignment; For felonies, a trial must be held within 60 days of arraignment.
The right to speedy trial on minor offenses is governed by Criminal Rule 45. A defendant charged with a minor offense must be tried within 120 days from the date the defendant's request for trial is received by the court or the municipality, whichever occurs first.
If the charge is for a felony crime, the defendant goes before the court within 24 hours after arrest and it is called a "first appearance." This may also be called a ?Rule 5 hearing? or ?initial appearance.? At the first appearance, a judge reads the charges and advises the defendant of his or her rights.
Rule 45(b), Alaska Rules of 08 Criminal Procedure, is amended to read: 09 (b) Speedy Trial Time Limits. A defendant charged with a felony, a 10 misdemeanor, or a violation shall be tried within 70 [120] days from the time set forth 11 in paragraph (c) of this rule.
The United States Constitution does not precisely define what a speedy trial is. Unsurprisingly, much litigation and legislation has helped to determine time limits for a speedy trial. The U.S. Supreme Court has laid out factors to consider when deciding whether the time to trial was speedy enough.
Rule 4 - Process (a)Summons - Issuance. Upon the filing of the complaint the clerk shall forthwith issue a summons and deliver it to the plaintiff or the plaintiff's attorney, who shall cause the summons and a copy of the complaint to be served in ance with this rule.
The court shall provide for placing criminal proceedings upon appropriate calendars. Preference shall be given to criminal proceedings and the trial of defendants in custody shall be given preference over other criminal cases.
Rule 40 - Index to Cases (a) The court system shall maintain an index by last name of every party named in every case filed, regardless of whether a party's true name is protected in the public index under paragraphs (b) or (c) of this rule.