AK · rules

Alaska R. Minor Offense P. 11

Dismissal and Deferred Prosecution

activein force · 2016-11-01 – presentact-effective-date

(a) By the Prosecuting Attorney or Representative.

The prosecuting attorney or the prosecution’s representative

under Rule 12(a) may dismiss a minor offense charge.

(b) By Court. The court may dismiss a minor offense

charge if

(1) there is unnecessary delay in bringing a defendant to

trial pursuant to Rule 15;

(2) the prosecuting attorney or the prosecution’s

representative under Rule 12(a) fails to appear for trial;

(3) proof of compliance is made to an agency or to the

court as provided in Rule 5(a)(4) or Rule 6(a)(3); or

(4) dismissal is in furtherance of justice. The reasons for

the dismissal shall be set forth in the order or on the record.

The court may not dismiss a minor offense charge conditioned

upon the defendant paying a fine, completing a defensive

driving course, completing community work service, or other

conditions.

prosecution initiates or concurs with the dismissal of charges

against a defendant because the named defendant was not the

person whom the prosecution intended to charge with the

offense, the court shall enter a written order of dismissal

clearly stating that this is the reason for the dismissal.

(d) Deferred Prosecution. When a charge has been filed

with the court and the prosecutor

or prosecution’s

representative under Rule 12(a) enters into an agreement with

the defendant to defer prosecution based on the defendant’s

agreement to complete a defensive driving course or on other

conditions, the prosecutor or representative must file the

agreement with the court or put the parties’ agreement on the

record. The agreement must include the date by which the

defendant must complete the defensive driving course or other

conditions and the date by which the prosecutor will file a

dismissal. If the agreement is conditioned upon payment of a

fee or costs, payment may not be made to the court. Upon

satisfactory completion of the agreement, the prosecutor or

representative must file a notice of dismissal with the court. If

a notice of dismissal is not filed by the date stated in the

agreement, the court may enter a judgment of conviction.

History

(Rescinded and readopted by SCO 1794 effective April 15, 2013; renamed and renumbered by SCO 1797 effective April 15, 2013; and amended by SCO 1895 effective November 1, 2016) Note: Rule 11(d) clarifies that defensive driving course dismissals are within the jurisdiction of the prosecuting authority as a form of deferred prosecution.

Provenance

Source: courts.alaska.gov
Retrieved: 2026-09-24
Edition: 2026-09-24
Content hash: ddc81f78112b8f2a039a32156aaf6ee6eb072b0631b198d05688414bdd3e2cef

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