Sec. 11.56.730. Failure to appear.

286 words·~1 min read·/ak/title-11/chapter-56/11-56-730

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A person commits the crime of failure to appear if the person

(1)is released under the provisions of AS 12.30 ;

(2)knows that the person is required to appear before a court or judicial officer at the time and place of a scheduled hearing; and

(3)with criminal negligence does not appear before the court or judicial officer at the time and place of the scheduled hearing.

(b)In a prosecution for failure to appear under

(a)of this section, it is an affirmative defense that unforeseeable circumstances, outside the person's control, prevented the person from appearing before the court or judicial officer at the time and place of the scheduled hearing, and the person contacted the court orally and in writing immediately upon being able to make the contact.

(c)A person who commits failure to appear incurs a forfeiture of any security for any appearance of the person that was given or pledged to the court for the person's release.

(d)Failure to appear is a

(1)class C felony if the person was released in connection with a charge of a felony or while awaiting sentence or appeal after conviction of a felony;

(2)class A misdemeanor if the person was released in connection with a

(A)charge of a misdemeanor, while awaiting sentence or appeal after conviction of a misdemeanor; or

(B)requirement to appear as a material witness in a criminal proceeding.

(e)In a prosecution for failure to appear under

(a)of this section, it is not a defense that the defendant did not receive a reminder notification from a court or judicial officer under Rule 38(e), Alaska Rules of Criminal Procedure.