Rule 11 - Dismissal and Deferred Prosecution(a)By the Prosecuting Attorney or Representative. The prosecuting attorney or the prosecution's representative under Rule 12(a) may dismiss a minor offense charge.(b) By Court. The court may dismiss a minor offense charge if (1) there is unnecessary delay in bringing a defendant to trial pursuant to Rule 15 of this rule;(2) the prosecuting attorney or the prosecution's representative under (l) of this rule fails to appear for trial; (3) proof of compliance is made to an agency or to the court as provided in Rule 5(a)(4) or Rule 6(a)(3); or(4) dismissal is in furtherance of justice. The reasons for the dismissal shall be set forth in the order or on the record. The court may not dismiss a minor offense charge conditioned upon the defendant paying a fine, completing a defensive driving course, completing community work service, or other conditions.(c) Identity Error in Charging Document. If the prosecution initiates or concurs with the dismissal of charges against a defendant because the named defendant was not the person whom the prosecution intended to charge with the offense, the court shall enter a written order of dismissal clearly stating that this is the reason for the dismissal. (d) Deferred Prosecution. When a charge has been filed with the court and the prosecutor or prosecution's representative under Rule 12(a) enters into an agreement with the defendant to defer prosecution based on the defendant's agreement to complete a defensive driving course or on other conditions, the prosecutor or representative must file the agreement with the court or put the parties' agreement on the record. The agreement must include the date by which the defendant must complete the defensive driving course or other conditions and the date by which the prosecutor will file a dismissal. If the agreement is conditioned upon payment of a fee or costs, payment may not be made to the court. Upon satisfactory completion of the agreement, the prosecutor or representative must file a notice of dismissal with the court. If a notice of dismissal is not filed by the date stated in the agreement, the court may enter a judgment of conviction. Alaska R. Min. Off. P. 11
Rescinded and readopted by SCO 1794 effective 4/15/2013; renamed and renumbered by SCO 1797 effective 4/15/2013; amended by SCO 1895 effective 11/1/2016.Rule 11(d) clarifies that defensive driving course dismissals are within the jurisdiction of the prosecuting authority as a form of deferred prosecution.