Kodiak DUI-DWI Lawyer, Alaska

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Andrew Ott

Criminal, Family Law, Traffic, Immigration
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Elizabeth W. Fleming

Other, Lawsuit & Dispute, Divorce & Family Law, Criminal
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Joshua Fitzgerald

Criminal
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Ruth Esther Ptak

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Aileen Haviland

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Aileen Fitzgerald

General Practice
Status:  In Good Standing           Licensed:  20 Years

Alan L. Schmitt

General Practice
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Alan Schmitt

General Practice
Status:  Inactive           

Caitlyn Mcfadden

General Practice
Status:  In Good Standing           Licensed:  9 Years

Col. Elizabeth Wallace Fleming

General Practice
Status:  Inactive           Licensed:  25 Years

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Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

INFRACTION

A minor violation of the law that is punishable only by a fine--for example, a traffic or parking ticket. Not all vehicle-related violations are infractions, ho... (more...)
A minor violation of the law that is punishable only by a fine--for example, a traffic or parking ticket. Not all vehicle-related violations are infractions, however--refusing to identify oneself when involved in an accident is a misdemeanor in some states.

MOTION IN LIMINE

A request submitted to the court before trial in an attempt to exclude evidence from the proceedings. A motion in limine is usually made by a party when simply ... (more...)
A request submitted to the court before trial in an attempt to exclude evidence from the proceedings. A motion in limine is usually made by a party when simply the mention of the evidence would prejudice the jury against that party, even if the judge later instructed the jury to disregard the evidence. For example, if a defendant in a criminal trial were questioned and confessed to the crime without having been read his Miranda rights, his lawyer would file a motion in limine to keep evidence of the confession out of the trial.

CIRCUMSTANTIAL EVIDENCE

Evidence that proves a fact by means of an inference. For example, from the evidence that a person was seen running away from the scene of a crime, a judge or j... (more...)
Evidence that proves a fact by means of an inference. For example, from the evidence that a person was seen running away from the scene of a crime, a judge or jury may infer that the person committed the crime.

DECLARATION UNDER PENALTY OF PERJURY

A signed statement, sworn to be true by the signer, that will make the signer guilty of the crime of perjury if the statement is shown to be materially false --... (more...)
A signed statement, sworn to be true by the signer, that will make the signer guilty of the crime of perjury if the statement is shown to be materially false -- that is, the lie is relevant and significant to the case.

CONTINGENCY FEE

A method of paying a lawyer for legal representation by which, instead of an hourly or per job fee, the lawyer receives a percentage of the money her client obt... (more...)
A method of paying a lawyer for legal representation by which, instead of an hourly or per job fee, the lawyer receives a percentage of the money her client obtains after settling or winning the case. Often contingency fee agreements -- which are most commonly used in personal injury cases -- award the successful lawyer between 20% and 50% of the amount recovered. Lawyers representing defendants charged with crimes may not charge contingency fees. In most states, contingency fee agreements must be in writing.

CRIMINAL CASE

A lawsuit brought by a prosecutor employed by the federal, state or local government that charges a person with the commission of a crime.

FALSE IMPRISONMENT

Intentionally restraining another person without having the legal right to do so. It's not necessary that physical force be used; threats or a show of apparent ... (more...)
Intentionally restraining another person without having the legal right to do so. It's not necessary that physical force be used; threats or a show of apparent authority are sufficient. False imprisonment is a misdemeanor and a tort (a civil wrong). If the perpetrator confines the victim for a substantial period of time (or moves him a significant distance) in order to commit a felony, the false imprisonment may become a kidnapping. People who are arrested and get the charges dropped, or are later acquitted, often think that they can sue the arresting officer for false imprisonment (also known as false arrest). These lawsuits rarely succeed: As long as the officer had probable cause to arrest the person, the officer will not be liable for a false arrest, even if it turns out later that the information the officer relied upon was incorrect.

HOT PURSUIT

An exception to the general rule that a police officer needs an arrest warrant before he can enter a home to make an arrest. If a felony has just occurred and a... (more...)
An exception to the general rule that a police officer needs an arrest warrant before he can enter a home to make an arrest. If a felony has just occurred and an officer has chased a suspect to a private house, the officer can forcefully enter the house in order to prevent the suspect from escaping or hiding or destroying evidence.

WARRANT

See search warrant or arrest warrant.

SAMPLE LEGAL CASES

Hewitt v. State

... Accordingly, the evidence presented at Hewitt's trial is sufficient to support the jury's verdicts. Hewitt's claim that a new jury venire should have been summoned after the trial judge mistakenly began to read the allegation in the indictment that Hewitt had prior convictions for DUI. ...

Bradley v. State

... This appeal followed. Why we find that Bradley has not shown that the superior court committed plain error when it refused to dismiss the DUI charge or to suppress the DataMaster test results. ... Why we find that there was sufficient evidence to support Bradley's conviction for DUI. ...

Baker v. State

... In 1999, the crime of DWI was defined in AS 28.35.030(a)(1) as follows: "A person commits the crime of driving while intoxicated if the person operates or drives a motor vehicle or operates an aircraft or a watercraft while under the influence of intoxicating liquor." [24] In 1999, the ...