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Alaska R. Minor Offense P. 17

Minor Offenses in Criminal Cases

activein force · 2024-01-01 – presentact-effective-date

(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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