R James Christie III’s Answers

R James Christie III

Anchorage Criminal Defense Attorney.

Contributor Level 8
  1. What does case disposed mean?

    Answered over 1 year ago.

    1. R James Christie III
    1 lawyer answer

    "Case disposed"in Courtview typically means the case is over (at least temporarily as I explain below), either via plea deal, trial, or dismissal. If you are absolutely certain your son didn't enter a plea or go to trial, then odds are good the case was dismissed. This doesn't necessarily mean that the case is completely over. If your son was charged with felony level offenses, for example, and enforced his right to indictment by grand jury and the state was unable to get the case to grand...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. My friend has been charged with and is being held on 4 Class B felony counts. He has not been indicted.

    Answered over 1 year ago.

    1. R James Christie III
    1 lawyer answer

    Alaska Rule of Criminal Procedure 5 directs that the state has 10 days to secure indictment by grand jury or preliminary hearing for persons held in custody. However, the courts typically require the person to affirmatively request a "Rule 5 hearing" in order for this rule to take effect. Any continuances of the indictment process result in extension of the Rule 5 deadline. So, for example: if your friend's first court appearance was June 1, then the state would have until June 11 to secure...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. If I slept with a girl when she was 14 and I was 22 but she never reported cuz it was consentual can I still go to jail?

    Answered 3 months ago.

    1. Timothy Randolph Watts
    2. R James Christie III
    3. Tony Anthony
    3 lawyer answers

    The short answer to your hypothetical situation is yes. The age of consent in Alaska is 16. The law presumes that a person under 16 years of age is unable to consent due to their immaturity and other factors. It is not a defense that both parties consented to sexual activity, because consent is not an element of the offense of sexual abuse of a minor. A 22 year old who engages in sexual activity with a person under the age of 16 commits a crime regardless of whether the encounter was...

    2 lawyers agreed with this answer

  4. I was charged with importation of alcohol to a dry community and intent to sell without a license will I go to jail

    Answered almost 2 years ago.

    1. R James Christie III
    1 lawyer answer

    Assuming you have no prior history, it is unlikely the prosecutor will aggressively seek jail time. These cases are very common in rural Alaska, and in our experience often resolve with an agreement that not only avoids jail time, but also avoids a felony conviction of record. I would definitely urge you to speak with an attorney before your pre-indictment hearing tomorrow. If you were appointed the public defender, they will probably speak to you right before your hearing, and might have an...

    2 lawyers agreed with this answer

  5. Can my husband be in jail with out attorney or PD? if so, how long? what happens if the PD does not want to help him?

    Answered over 2 years ago.

    1. R James Christie III
    2. Benjaman Tabiess Adams
    2 lawyer answers

    At your husband's first court appearance, the court will inquire whether he has retained an attorney. If not, the court will inquire as to his financial situation and determine whether he qualifies for appointed counsel (such as the PD). If he qualifies, the judge will issue an order appointing the PD to represent your husband. I've been practicing criminal defense for some time, and have never seen a case where the PD does not want to/will not assist a client. Alaska has a well-funded...

    2 lawyers agreed with this answer

  6. What is a rule 11 hearing?

    Answered over 2 years ago.

    1. R James Christie III
    2. Matthew S Phillips
    2 lawyer answers

    Under Alaska law, a Rule 11 hearing is almost certainly the hearing where your friend will accept a plea deal negotiated by the prosecutor and your friend's attorney. The "Rule 11" is Alaska Rule of Criminal Procedure 11, which addresses the entries of pleas to an offense. Rule 11(3) lays out the procedures required for a legally supported plea agreement. Essentially, the rule requires that the proposed plea agreement first be stated in court. Plea agreements usually set out an agreed upon...

    2 lawyers agreed with this answer

  7. How much time could you end up serving for 3 class C Felonies..

    Answered over 2 years ago.

    1. R James Christie III
    2. Benjaman Tabiess Adams
    2 lawyer answers

    Under Alaska law, Class C felonies are punishable by up to 5 years in jail and a $50,000 fine for each conviction, but the maximum sentence would be extraordinarily unlikely in the absence of serious criminal history. If the accused has no prior felony convictions, and the offense wasn't aggravated in some way, then upon conviction for a Class C felony the judge would be required to impose a sentence between 0 and 2 years of incarceration. There is no minimum required fine. The judge could...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. Any way around statutory rape?

    Answered about 2 months ago.

    1. R James Christie III
    2. Jay Scott Finnecy
    2 lawyer answers

    Getting married after the fact is not a defense to sexual abuse of a minor. However, I'm not sure your son has violated the laws of Alaska. Alaska Statute 11.41.436(1) (Sexual Abuse of a Minor in the 2nd Degree) directs that a person commits that offense if: "Being 17 years or older, the offender engages in sexual penetration with a person who is 13, 14, or 15 years of age AND AT LEAST FOUR YEARS YOUNGER than the offender." Since your son was only 3 years older than the young woman at...

    1 lawyer agreed with this answer

  9. Can a person be charged with a bail violation AFTER they were found not guilty @ trial?

    Answered 7 months ago.

    1. R James Christie III
    2. KeriAnn Brady
    3. James Lee Gaines
    3 lawyer answers

    In general, yes. Even if your friend was found not guilty of the underlying charge at trial, he/she may still be charged with a violation of conditions of release if he/she violated the no-contact order. Stated differently: The conditions of release imposed in a criminal case apply even if the person is later found not guilty of the original charge. A violation of these conditions, even if the person is ultimately acquitted of the original charge, may still support a new criminal charge of...

    1 lawyer agreed with this answer

  10. What usually happens if you violate your bail/bond for the first time dui.

    Answered over 1 year ago.

    1. R James Christie III
    2. Ernest Clarke Dummit
    2 lawyer answers

    You could be charged with a new crime of Violating Conditions of Release ("VCR"), a class A misdemeanor. The max penalty is one year in jail and a $10,000 fine, although it is extremely unlikely you would face anything close to the maximum penalty. The long-term consequence, in addition to having another conviction of record, is that if you are charged with any crime in the future, the presence of a VCR on your record will likely result in more onerous bail conditions being set.

    1 lawyer agreed with this answer