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R. James Christie III

R. James Christie’s Answers

41 total


  • What is a petition to revoke probation-ASAP? on felony probation and seen a PTRP was filed yesterday. and what is the outcome

    3 prior petitions tor evoke probation in this case

    R. James’s Answer

    It sounds like a petition to revoke your probation has been filed based upon an allegation that you failed to comply with alcohol screening and treatment through the ASAP program. My guess is that your original sentence/probation conditions included a requirement that you complete the treatment recommended by a state-approved ASAP provider, and the prosecutor believes you have not done so. If the court agrees with the prosecutor, the judge will be asked to impose some or all of your remaining suspended time. I can't say what the common practice in in Dillingham, but in many parts of Alaska, the prosecutor will often ask that all remaining suspended jail time be imposed on a 4th petition to revoke probation.

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  • Any way around statutory rape?

    Hi, my son is 18 and he got his 15 year old girlfriend pregnant, I know its illegal. I was wondering if they were to get married could my son still be charged?, her parents kicked her out so she is staying with us and when I was talking to her par...

    R. James’s Answer

    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 the time they engaged in sexual penetration, he has not violated this statute unless he occupied a position of authority over her (like a teacher, babysitter, guardian, etc.).

    Nor does it appear that your son violated the more serious crime of sexual abuse of a minor in the 1st degree (AS 11.41.434). That statute makes it a crime for a person 18 or older to engage in sexual penetration with a person under the age of 16 when: "(A) the victim at the time of the offense is residing in the same household as the offender AND the offender has authority over the victim; OR (B) the offender occupies a position of authority in relation to the victim."

    Unless your son occupied a position of authority over this young woman or lived in the same home and had some authority over the young woman, it doesn't appear from the facts you present that a crime occurred.

    Caveat: My analysis depends on your son being 18 and the young woman being 15 at the time of their sexual encounter. If she was 14 at the time of the encounter and your son was 18, then he could be charged with sexual abuse of a minor in the 2nd degree. As I mentioned at the outset, getting married after the fact would not provide a defense to this charge.

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  • 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?

    I'm 27 now

    R. James’s Answer

    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 consensual.

    In many areas of criminal law there exists a statute of limitations which only permits prosecution of a crime within a certain period of time after the offense took place. Once that period of time passes, no charges may be filed because the statute of limitations prevents it. Unfortunately, there is no statute of limitations for sexual abuse of a minor, which means charges could potentially be filed at any time, even many years or decades after the offense took place.

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

    I have a friend who got accused of DV. Can he be charged w/ violating a NO contact order AFTER his trial was over ?

    R. James’s Answer

    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 violating conditions of release.

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  • What does case disposed mean?

    Certainly my sons case couldn't be dropped, or over. He's got 11 charges. Why all the sudden is the Alaska Courtview system saying his case disposed? He hasn't been sentenced yet.

    R. James’s 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 jury by the deadline, the felony charges would be dismissed, but the state would still have the option of going to grand jury to seek an indictment within 120 days from the date of his first court appearance (minus any continuances requested by your son or his counsel). If your son is represented by an attorney, you should contact him/her and see if they can provide more insight.

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

    How long does the prosecution have to indict?

    R. James’s 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 indictment. But if your friend requested (or more likely, his attorney) any continuances, then the deadline for indictment would be June 11 + the length of the requested continuance.

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  • Can I get a citation for Minor Consumption of Alcohol thrown out because information is entirely true?

    Police officers gave me a citation of Minor consumption of Alcohol. The citation states that It was my first MCA which is not true, I actually have two prior convictions. Can this citation be thrown out because of incorrect information?

    R. James’s Answer

    No. Incorrect information regarding your prior criminal history does not invalidate the current charge.

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

    I was arressted for DUI, relased and set up on bail. one month later I was arrested for a different charge.

    R. James’s Answer

    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.

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  • If someone was just released from jail and is o misdemeanor probation can they be third party to a drug felony

    has no other priors and was in jail for a warrant the original charge was resiting arrest was told by dumb friend to run she was scared never been in trouble so she ran.

    R. James’s Answer

    No. Alaska Statute 12.30.021(c)(4) directs that the court may not approve a proposed custodian when "the proposed custodian is on probation in this state or another jurisdiction for an offense."

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  • Can someone be a third party if he or she is on Alaska housing? No criminal record

    no prior convictions

    R. James’s Answer

    I assume you mean the proposed third-party is receiving some sort of housing assistance? There is no provision in the criminal code that would prevent that person from being approved, but you should definitely check with the terms and conditions of housing assistance; it is possible that the agency that provides assistance prohibits persons receiving housing assistance from using their subsidized residence to house persons in a third-party relationship.

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