AK · rules
Alaska R. Minor Offense P. 17
Minor Offenses in Criminal Cases
(a) Joinder. Except as provided in subsection (h), a
prosecutor may join a minor offense charge with a related
criminal charge under the circumstances described in Criminal
Rule 8(a).
(b) Minor Offense Citation. A minor offense citation
may not be filed in a criminal case.
(c) Separate Count. The minor offense charge joined
with a criminal charge must be charged in a separate count in
the criminal complaint, information or indictment. The minor
offense count must include the arrest tracking number (ATN)
and charge tracking number (CTN) as required by Criminal
Rule 3(c) or 7(c). It must also include the statute, regulation or
ordinance as identified in the uniform table of minor offenses
required in Rule 3(b).
(d) Notice of Joinder. If a citation issued for a minor
offense has been filed with the court and the prosecutor wishes
to join that charge with a criminal charge, the prosecutor must
file a “Notice Joining Minor Offense Charge with Criminal
Charge” in the minor offense case. This notice will close the
minor offense case. The prosecutor must list the minor offense
charge as a count in the criminal charging document as
provided in subsection (c).
(e) Criminal Rules Apply. Except as provided in (f)
and (g), criminal rules rather than minor offense rules apply
when (1) a minor offense charge is joined with a related
criminal charge, and (2) a criminal charge is amended to be a
minor offense charge.
(f) When Minor Offense Rules Apply. If all criminal
charges have been disposed of in a criminal case and the only
remaining charge or charges are minor offenses, the minor
offense rules apply to all further proceedings. If the defendant
has failed to appear, the court may direct the clerk to issue a
warning notice advising the defendant that the defendant must
contact the court within 15 days to reschedule the hearing or
the court will enter a default judgment of conviction for the
minor offense as provided in Rule 10. This subsection does
not apply to underage consuming offenses as defined in
Administrative Bulletin 7.
(g) Maximum Fine for Minor Offense. Pursuant to AS
12.25.230(c), the fine for an offense listed on a bail forfeiture
schedule or a municipal fine schedule is the maximum fine that
may be imposed for that offense. A scheduled fine amount
may not be reduced if a municipal ordinance prohibits
reduction of the fine amount.
(h) Joinder Limits. A prosecutor may not join a
violation of AS 04.16.049, 04.16.050, or 04.16.060(g) or a
similar municipal ordinance with a related criminal charge.
History
(Rescinded and readopted by SCO 1794 effective April 15, 2013; renamed and renumbered by SCO 1797 effective April 15, 2013; amended by SCO 1886 effective October 4, 2016; by SCO 1887 effective October 4, 2016; by SCO 1895 effective November 1, 2016; and by SCO 2015 effective January 1, 2024) Note to SCO 1886: Chapter 32, SLA 2016 (SB 165), at sections 8 and 9, make the following offenses violations: AS 04.16.049 (unauthorized presence on a licensed premises) and AS 04.16.050 (minors consuming alcohol). Sections 20 and 21 of the Act amended subsection (a) of Minor Offense Rule 17 and added a new subsection (g) [subsequently re-lettered subsection (h)], effective October 4, 2016, to require that these violations not be joined with any related criminal offense. This rule change is adopted for the sole reason that the legislature has mandated the amendment. Note: Chapter 8, SLA 2022 (SB 9) enacted comprehensive changes to Alaska’s alcohol licensing and enforcement laws. Section 163 of the Act amended subsection (h) to add AS 04.16.060(g) as another underage offense that may not be joined with a related criminal charge. This rule change is adopted for the sole reason that the legislature has mandated the amendment.
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
82259c4a061017d0eb17510d83d7a66575965f4439c253ceaa0550ffb1f85d30
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