My husband and his two sisters have been acting, in a three month rotation, as a third party custodian for their brother who has been accused of a crime. This has been a huge hardship on each of our individual families adding much stress and fina...
The bond would only be forfeit if the accused failed to appear or failed to adhere to his conditions of release, one of which appears to be that he be with a TPC 24/7. Provided that he does not violate his conditions and remands back into custody when the current TPCs are relieved from that duty by the court, I see no reason why the bond paid would not be returned in full.
A TPC may ask to be relieved of their duties to the court and generally the only consequence is the accused goes back to jail (or finds a new TPC to substitute in). There is no requirement calling for a TPC to remain as TPC during the entire pendency of a case for the precise situation you've encountered: cases can drag on for protracted periods and people may need to get back to their lives.
3 prior petitions tor evoke probation in this case
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.See question
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...
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.See question
I'm 27 now
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.See question
I have a friend who got accused of DV. Can he be charged w/ violating a NO contact order AFTER his trial was over ?
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.See question
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.
"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.See question
How long does the prosecution have to indict?
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.See question
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?
No. Incorrect information regarding your prior criminal history does not invalidate the current charge.See question
I was arressted for DUI, relased and set up on bail. one month later I was arrested for a different charge.
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.See question
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.
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."See question