Defendant A person charged with breaking the law. Discovery The process by which the prosecution turns over all evidence against the defendant. Dismissal An oral or written notice to the court and the defendant by the prosecutor which declares that the prosecution has terminated. Felony A crime carrying more than one year possible imprisonment. Grand Jury Eighteen citizens who are selected at random from voting, hunting, fishing, PFD and similar rosters to hear evidence presented by a prosecutor to determine if there is enough evidence to bring a person to trial for a crime.
Guilty Plea A defendant charged with any crime may plead guilty, not guilty, or a no contest plea. Hearings Formal court proceedings that occurs in a courtroom and are open to the public. Indictment A formal, written accusation issued by a grand jury charging someone with a crime after considering evidence presented by a prosecutor.
Misdemeanor A crime carrying maximum jail time of one year or less. Own Recognizance OR Releasing the defendant from custody without requiring any bond. Plea Bargain An agreement between a defendant and a prosecutor in which the defendant admits having committed a crime. Prosecutor The attorney who represents the State of Alaska in a criminal prosecution.
Restitution Payments ordered by the judge to repay victims for economic losses incurred as the result of the crime property loss or injuries. There shall be no imprisonment for debt. This section does not prohibit civil arrest of absconding debtors. A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
The individual right to keep and bear arms shall not be denied or infringed by the State or a political subdivision of the State. No member of the armed forces shall in time of peace be quartered in any house without the consent of the owner or occupant, or in time of war except as prescribed by law. The military shall be in strict subordination to the civil power. The enumeration of rights in this constitution shall not impair or deny others retained by the people.
The right of the people to privacy is recognized and shall not be infringed. This constitution does not prohibit the State from granting preferences, on the basis of Alaska residence, to residents of the State over nonresidents to the extent permitted by the Constitution of the United States.
To be valid or recognized in this State, a marriage may exist only between one man and one woman. Inherent Rights This constitution is dedicated to the principles that all persons have a natural right to life, liberty, the pursuit of happiness, and the enjoyment of the rewards of their own industry; that all persons are equal and entitled to equal rights, opportunities, and protection under the law; and that all persons have corresponding obligations to the people and to the State.
Source of Government All political power is inherent in the people. Civil Rights No person is to be denied the enjoyment of any civil or political right because of race, color, creed, sex, or national origin. Freedom of Religion No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. Freedom of Speech Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that right.
Assembly; Petition The right of the people peaceably to assemble, and to petition the government shall never be abridged. Due Process No person shall be deprived of life, liberty, or property, without due process of law. Grand Jury No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the armed forces in time of war or public danger. Jeopardy and Self-Incrimination No person shall be put in jeopardy twice for the same offense.
Treason Treason against the State consists only in levying war against it, or in adhering to its enemies, giving them aid and comfort. Rights of Accused In all criminal prosecutions, the accused shall have the right to a speedy and public trial, by an impartial jury of twelve, except that the legislature may provide for a jury of not more than twelve nor less than six in courts not of record.
Criminal Administration Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Habeas Corpus The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or actual or imminent invasion, the public safety requires it. Searches and Seizures The right of the people to be secure in their persons, houses and other property, papers, and effects, against unreasonable searches and seizures, shall not be violated.
When you have no subscription, that's not a big problem. Just follow the step-by-step guide below to sign up for an account online, get, and complete your Alaska Waiver of Speedy Trial template:. Don't forget to double-check all inserted details for correctness before submitting it or mailing it out.
Reduce the time spent on creating documents with US Legal Forms! All forms provided by US Legal Forms, the nations leading legal forms publisher. In addition to guaranteeing the right to an attorney, the Sixth Amendment to the U. Constitution guarantees a criminal defendant the right to a speedy trial by an "impartial jury. While there is no hard and fast rule on how long is too long, one rule of thumb is eight months. Courts will generally presume that the delay has been sufficient to satisfy a defendant's prima facie case of the denial of the right to a speedy trial when eight months have passed.
Everyone has the right to a speedy trial, but in California, with a misdemeanor charge that is defined as within 45 calendar days from the day they were arraigned if they're not in custody, or 30 days if they are in custody.
However, most people waive their right to a speedy trial, in order to mount a good defense. The U. Congress passed the Speedy Trial Act which set a time limit of 70 days from the filing date of the indictment unless waived. Many states have also passed their own legislation as to time limits for bringing a criminal matter to trial. Charges must be dismissed and the defendant released if the period expires without trial.
However, defendants often waive the right to a speedy trial in order to prepare a stronger defense or negotiate a plea to a lesser offense. Right to a Speedy Trial: This right is considered one of the most important in the Constitution. Without it, criminal defendants could be held indefinitely under a cloud of unproven criminal accusations. The right to a speedy trial also is crucial to assuring that a criminal defendant receives a fair trial. A violation of the speedy trial rule means that any conviction and sentence must be wiped out, and the charges must be dismissed if the case has not reached trial.
If the defendant is denied bail or cannot pay the bail amount, they will remain in jail until their trial date.
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