Rule 17 - Minor Offenses in Criminal Offense(a)Joinder. Except as provided in subsection (hg), 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 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 offenses 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.Alaska R. Min. Off. P. 17
Rescinded and readopted by SCO 1794 effective 4/15/2013; renamed and renumbered by SCO 1797 effective 4/15/2013; amended by SCO 1886 effective 10/4/2016; by SCO 1887 effective 10/4/2016; and by SCO 1895 effective 11/1/2016; amended by SCO 2015 effective 1/1/2024.Note: 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), 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.