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Anchorage, Alaska 99501
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Understanding Your Rights
Article I, Section 11 of the Alaska Constitution provides that in all criminal prosecutions, the accused shall have the right to a speedy and public trial. The accused is entitled to be informed of the nature and cause of the accusation; to be released on bail, except for capital offenses when the proof is evident or the presumption is great.
Accordingly, the Alaska Rules of Criminal Procedure Rule 5 provides that an arrested person shall be taken before the judge or magistrate without unnecessary delay and within 48 hours after arrest, including Sundays and holidays. Further, Rule 5 provides that the preliminary examination or grand jury must be held within 10 days following the initial appearance, if defendant is in custody and 20 days if defendant is out of custody. Thus, you have the right to a grand jury review or preliminary examination within a limited period of time.
Alaska Rules of Criminal Procedure Rule 45 provides speedy trial time limits of 120 days usually starting from the date the charging document is served upon the defendant unless waived by defendant or a designated excluded period, such as defendant filing a Motion. So you have the constitutional right to a speedy trial. Further, search warrants must be based upon probable cause and usually the police cannot enter a home without a warrant, unless exigent circumstances exist.