Skagway Borough Criminal Court

Skagway Borough Criminal Court hears all criminal cases in Skagway Borough. Below you will find specific information about criminal cases and how they are handled in Skagway Borough.

Required Court Appearances in Skagway Borough

Any required court appearances in Skagway Borough Criminal Court must be attended by the defendant. Failure to appear in court at your required date and time may result in the judge issuing an arrest warrant.

Burden of Proof Requirement

In a criminal case in the United States, the burden of proof always requires the prosecutor to prove beyond a reasonable doubt that the defendant is guilty. This is a high threshold that must be met by the prosecution when presenting evidence in a case. If the prosecution fails in it’s burden to prove guilt beyond a reasonable doubt the judge must find the defendant not guilty. In a jury trial, the judge will inform the jury what this burden is and their obligation to find the defendant not guilty if they feel the prosecution did prove the defendant’s guilt beyond a reasonable doubt.

Skagway Borough Criminal Court

Skagway Borough Criminal Court

If guilty, who sentences the defendant?

If the defendant is found guilty after the trial, the defendent will be sentenced. In some cases, this can occur at the same hearing the defendant is found guilty in court, in other cases a separate hearing will be required. Often the prosecution will request a particular sentence for the defendant and the judge will determine whether to enforce this sentence or impose a different sentence for the defendant.

Right to an attorney

The US Constitution’s Sixth Amendment ensures the right to an attorney regardless of whether or not you can afford one. In Skagway Borough a public defender will be appointed by the judge if you cannot afford private representation.

Arraignments in Skagway Borough

During an arraignment in Skagway Borough, a defendant appears before the court and the judge reads the charges that have been filed against the accused and also informs the defendant of his/her rights. During the arraignment in Skagway Borough, the defendant can choose to plead one of the following 1) Guilty 2) Not Guilty or 3) No Contest. If the defendant enters a plea of Not Guilty, a date for trial is set. In the event of a Guilty or No Contest Plea in Skagway Borough the defendant may be sentenced at that time or the sentencing may take place at a later date.

Can I appeal a guilty verdict?

If found guilty, a defendant may decide to appeal his case to an appelate court. The appellate court will not retry the case, they will examine the proceedings in the lower court to make sure they were done in a legal manner. The appellate court can either uphold the original conviction, or determine that due to errors made in the original trial, that there must be a retrial, resentencing or a complete dismissal of the charges.

Skagway Borough Criminal Court hearings

Criminal hearings in Skagway Borough will take place at the Skagway Borough Criminal Courts. Please see here for a list of the Skagway Borough Criminal Court Locations.

I need help for my Skagway Borough criminal case

The best place to get information about your criminal case is from an attorney. If you cannot afford an attorney, the court will appoint one to represent you which will assist in your case. For general information about your case the Skagway Borough court clerk is able to provide general information about your specific case (e.g. date/time hearings, mandatory appearance, what will take place and what you will be required to do). The court clerk for Skagway Borough will NOT be able to provide legal advice for your case, only an attorney can provide legal advice. The court clerk can provide legal information (like the information found on this website) about your case but cannot provide advice about what you should do in your legal manner.

Jury Deliberation

In a jury trial in Skagway Borough, after both the prosecution and defense have rested, the judge will give instructions to the jury and jury deliberations will begin. The jury will convence in a private room to discuss and deliberate the innocence or guilt of the defendant. Once the jury arrives at a unimanous decision, they will inform the judge that they have reached a decision. They will return to the court and the verdict will be read aloud. If the jury cannot reach a unaminous decision, the jury is said to be deadlocked and a mistrial will be declared in the case.

The Right to Trial by Jury

The Sixth Amendment of the United States Constitution guarantees the right to a trial by a jury. This is applicable for when the crime can carry a sentence of 6 months in jail OR a $500 fine, these are known as “Serious Crimes”. The defendant can also waive their right to a speedy and public trial.

Skagway Borough Prosecutor

For criminal cases in Skagway Borough, the prosecutor will be a representative of Skagway Borough. The Skagway Borough prosecutor reviews all evidence and ultimately decides whether to file or dismiss charges in the case. Most of the time, the prosecutor has leeway in plea negotiations and determines how the case will be prosecuted.

Can I request a Plea Agreement?

In Skagway Borough you may be able to enter into a plea agreement depending upon the severity of the charges. It is also dependant upon the prosecution willing to accept a plea agreement. You can ask your attorney to attempt to negotiate a plea agreement with the prosecution to avoid having a jury trial along with the potential for a more serious sentence. Approximately 9 out of 10 criminal cases usually end in a plea agreement.

Skagway Borough Criminal Court Locations

  • Hoonah District Court

    Address: 300 Front Street, Box 430, Hoonah, AK 99829
    Phone: 907-945-3668

  • Skagway District Court

    Address: 7th Avenue & Spring Street, Box 495, Skagway, AK 99840
    Phone: 907-983-2368

  • Yakutat District Court

    Address: 508 Max Italio Drive, Box 426, Yakutak, AK 99689
    Phone: 907-784-3274

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