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This document outlines Alaska criminal procedure for misdemeanors where a private prosecutor brings charges against a corporate defendant. It discusses:
1) Filing a sworn complaint with a magistrate and potential requirement for security from the private prosecutor.
2) The complaint being treated as an indictment, with the magistrate issuing an arrest warrant or summons for the defendant to appear.
3) The defendant's right to counsel and preliminary examination involving witness testimony and evidence before any determination of probable cause.
4) If probable cause is found, the case proceeds to a grand jury, and then trial, with the corporate defendant receiving the same rights and treatment as an individual.
This document outlines Alaska criminal procedure for misdemeanors where a private prosecutor brings charges against a corporate defendant. It discusses:
1) Filing a sworn complaint with a magistrate and potential requirement for security from the private prosecutor.
2) The complaint being treated as an indictment, with the magistrate issuing an arrest warrant or summons for the defendant to appear.
3) The defendant's right to counsel and preliminary examination involving witness testimony and evidence before any determination of probable cause.
4) If probable cause is found, the case proceeds to a grand jury, and then trial, with the corporate defendant receiving the same rights and treatment as an individual.
Drepturi de autor:
Attribution Non-Commercial (BY-NC)
Formate disponibile
Descărcați ca PDF, TXT sau citiți online pe Scribd
This document outlines Alaska criminal procedure for misdemeanors where a private prosecutor brings charges against a corporate defendant. It discusses:
1) Filing a sworn complaint with a magistrate and potential requirement for security from the private prosecutor.
2) The complaint being treated as an indictment, with the magistrate issuing an arrest warrant or summons for the defendant to appear.
3) The defendant's right to counsel and preliminary examination involving witness testimony and evidence before any determination of probable cause.
4) If probable cause is found, the case proceeds to a grand jury, and then trial, with the corporate defendant receiving the same rights and treatment as an individual.
Drepturi de autor:
Attribution Non-Commercial (BY-NC)
Formate disponibile
Descărcați ca PDF, TXT sau citiți online pe Scribd
This is Corporate Defendant (us) Law Side of Court in Misdemeanors
Side in use today in Alaska Notice – No judicial
For Misdemeanors ACLA 1949 determination of Information 1. Arrest without before Magistrate Warrant/peace probable cause under Oath, + officer or us – 69-3-2 File Complaint w/Oath based on evidence. depositions of must witness – Known as private prosecutor Complaint is 100% witnesses @ 66-4- inform of authority all EXECUTIVE 1, 66-5-1 66-5-30, 66-5-37, 66-5-32 . Cop, etc. 69-3-3 Security may be 69-3-8 Complaint Summons or Arrest is Private required by private prosecutor against Corporation Warrant issued Prosecutor. 66-5-2 Defendant- Summons issued Taken before Magistrate within 24 hrs – 66-5-33/34 69-3-4 Complaint is deemed an indictment as in 66-9 et seq. Preliminary Examination – charges read and informed of right of Assistance of Counsel – ALL STOPS! Send for 69-3-5 Complaint filed, then Assistance of Counsel 66-6-2, 66-6-3, 66- justice issues Warrant of Arrest 6-4 All Private Prosecutors yet Notice – No 69-3-7 Arraignment - Assistance of Informant + Witnesses subpoenaed, Complaint read and “he” must Counsel read statement, cross-examination, plead. BEFORE defendant can testify and subpoena ARRAIGN– witnesses, evidence entered into record. MENT 66-6-5 to 66-6-21 69-3-9 Plea of defendant – Plea is entered may plead/refuse to plead, by justice – justice enters fact + Plea of Not Corp. treated Defendant discharged or “held to Guilty the same as a Answer” This is based on a judicial man – all determination of probably cause by the Corporate judiciary 66-6-22 to 66-6-23 Defendants 69-3-15 Verdict by either a Trial by Jury or by the Justice Grand Jury impaneled (66-8-1 et seq.) and evidence [not Executive BS] without held to answer (66-8-23) or held to 69-3-9 Crime not in jurisdiction Answer, all evidence submitted 66-8-26, of justice’s court – must this is from the Preliminary Examination dismiss, hold on warrant of Habeas Corpus arrest and examine as upon an to challenge Grand Jury either true bill or not a true information [Go to law side] jurisdiction bill. 66-8 et seq and 66-9 et seq.
69-4-1 – Justice gives punishment
If Defendant appear without Assistance of Counsel, must be informed of his right BEFORE [critical] being arraigned 66-10-3 69-4-2/4-4 – Private Prosecutor may be required to pay costs Arraignment – given copy and charges read – refuse to plea, judge enters with Assistance of Counsel PRESENT! 66-10-1 69-4-5/6-1 et seq. “Entry” of judgment and Appeal 66-10-2, 66-10-3 et seq. – Trial de novo (new trial) – See Notes in 69-6-8