(a) Except as provided in (f) of this section, if a person is found guilty or pleads guilty to a crime, the court may, with the consent of the defendant and the prosecution and without imposing or entering a judgment of guilt, defer further proceedings and place the person on probation. The period of probation may not exceed the applicable terms set out in Alaska Stat. § 12.55.090 (c). The court may not impose a sentence of imprisonment under this subsection.
criminal case

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Alaska Statutes 12.55.078

  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
  • Statute: A law passed by a legislature.
(b) The court shall impose conditions of probation for a person on probation as provided in (a) of this section, which may include that the person

(1) abide by all local, state, and federal laws;
(2) not leave the state without prior consent of the court;
(3) pay restitution as ordered by the court; and
(4) obey any other conditions of probation set by the court.
(c) At any time during the probationary term of the person released on probation, a probation officer may, without warrant or other process, rearrest the person so placed in the officer’s care and bring the person before the court, or the court may, in its discretion, issue a warrant for the rearrest of the person. The court may revoke and terminate the probation if the court finds that the person placed on probation is

(1) violating the conditions of probation;
(2) engaging in criminal practices; or
(3) violating an order of the court to participate in or comply with the treatment plan of a rehabilitation program under Alaska Stat. § 12.55.015 (a)(10).
(d) If the court finds that the person has successfully completed probation, the court shall, at the end of the probationary period set by the court, or at any time after the expiration of one year from the date the original probation was imposed, discharge the person and dismiss the proceedings against the person. A person who is discharged under this subsection is not convicted of a crime.
(e) If the court finds that the person has violated the conditions of probation ordered by the court, the court may revoke and terminate the person’s probation, enter judgment on the person’s previous plea or finding of guilt, and pronounce sentence at any time within the maximum probation period authorized by this section.
(f) The court may not suspend the imposition or entry of judgment and may not defer prosecution under this section of a person who

(1) is charged with a violation of Alaska Stat. § 11.41.100–11.41.220, 11.41.260 – 11.41.320, 11.41.360 – 11.41.370, 11.41.410 – 11.41.530, Alaska Stat. § 11.46.400, Alaska Stat. § 11.61.125 – 11.61.128, or Alaska Stat. § 11.66.110 – 11.66.135;
(2) uses a firearm in the commission of the offense for which the person is charged;
(3) has previously been granted a suspension of judgment under this section or a similar statute in another jurisdiction, unless the court enters written findings that by clear and convincing evidence the person’s prospects for rehabilitation are high and suspending judgment under this section adequately protects the victim of the offense, if any, and the community;
(4) is charged with a violation of Alaska Stat. § 11.41.230, 11.41.250, or a felony and the person has one or more prior convictions for a misdemeanor violation of Alaska Stat. Chapter 11.41 or for a felony or for a violation of a law in this or another jurisdiction having similar elements to an offense defined as a misdemeanor in Alaska Stat. Chapter 11.41 or as a felony in this state; for the purposes of this paragraph, a person shall be considered to have a prior conviction even if

(A) the charges were dismissed under this section;
(B) the conviction has been set aside under Alaska Stat. § 12.55.085; or
(C) the charge or conviction was dismissed or set aside under an equivalent provision of the laws of another jurisdiction; or
(5) is charged with a crime involving domestic violence, as defined in Alaska Stat. § 18.66.990.
  Previous section
Next section  
 Chapter 55 Contents