Law Office of Joshua P. Fink Blog
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The blog discusses legal information on the topic of Criminal Law for Anchorage, Alaska residents. The Law Office of Joshua P. Fink, LLC offers more than two decades of criminal law experience and provides one-on-one counsel to guide people through any legal trouble.
Law Office of Joshua P. Fink Blog
4d ago
In Alaska, the legal blood alcohol concentration limit for drivers is 0.08%. If you operate a motor vehicle and have a BAC of 0.08% or higher, you could face DUI charges. These charges can lead to the loss of your driver’s license, among other penalties such as fines and jail time. First offense For a first-offense DUI conviction, you can face various consequences such as fines, license suspension and jail time. The license suspension could be for at least 90 days, and the fines might range from $1,500 to $25,000. Subsequent offenses If you are convicted of DUI multiple times, the penalties be ..read more
Law Office of Joshua P. Fink Blog
1w ago
Alaska legalized recreational marijuana back in 2015. This made it one of the first states to do so. Many other states have followed suit in the decade since, but Alaska has always been on the forefront of this movement, along with states like Colorado and Washington. That said, legalization does not mean you can’t face any marijuana charges. It’s still very important to know how the new recreational laws work so that you don’t face any serious accusations. Here are two things to keep in mind. Sales are still restricted For one thing, only authorized retail locations and dispensaries can ..read more
Law Office of Joshua P. Fink Blog
2w ago
Alaska, known for its stunning landscapes and adventurous spirit, takes a firm stance against drunk driving. The state enforces some of the strictest DUI laws in the United States, with consequences that extend beyond typical expectations. Alaska has a blood alcohol concentration (BAC) limit of 0.08% for drivers aged 21 and over. This aligns with the national standard. However, the state also enforces a zero-tolerance policy for underage drivers (under 21). This means that any detectable amount of alcohol in their system can result in a DUI charge. Furthermore, state laws apply to physically c ..read more
Law Office of Joshua P. Fink Blog
1M ago
When people generally think about getting a DUI, they assume they would be driving their car when they get pulled over by the police. Maybe they made a mistake like swerving in their lane, running a stop sign or causing a car accident. But they were clearly driving the vehicle while under the influence. It’s important to note that the law technically says that drivers can be arrested if they are under the influence while “driving or operating a motor vehicle.” This makes a distinction between driving the vehicle and operating it. As long as it appears that you are in control of the vehicle in ..read more
Law Office of Joshua P. Fink Blog
2M ago
Domestic violence cases can move fast. Courts can quickly issue orders for one party to stay away from the other and, perhaps, the house they share. They do this because sometimes, failing to take immediate action could result in one party inflicting serious harm on the other. Unfortunately, for those who are wrongly accused, it can mean they are unfairly penalized. If someone accuses you of domestic violence, it’s crucial to understand what to do next. Getting it wrong could make a difficult situation even more difficult for you. Do not try to contact the alleged victim or any witnesses Tryin ..read more
Law Office of Joshua P. Fink Blog
2M ago
In the dimly lit atmosphere of a crowded public place, tensions can escalate quickly. This is especially true when alcohol is part of the gathering. Alcohol consumption often plays a significant role in fueling bar fights, leading to potentially dangerous situations for everyone involved. Additional aggression One of the primary ways alcohol influences bar fights is by heightening aggression levels. When individuals consume alcohol, it can impair their judgment and lower their inhibitions, making them more likely to react impulsively to perceived threats or provocations. Reduced rational think ..read more
Law Office of Joshua P. Fink Blog
2M ago
Most people have some idea about their rights if police show up at their door. We’ve discussed them here in the past. They may even know that the Fourth Amendment of the U.S. Constitution protects them from unreasonable searches and seizures. Yet, it isn’t always clear how far these protections extend. Does this protection extend to traffic stops? If a police officer pulls you over for speeding or other suspected wrongdoing or maybe because you have a broken taillight, do they need a warrant to search your vehicle? Vehicle searches aren’t addressed in the Constitution The writers of the U.S. C ..read more
Law Office of Joshua P. Fink Blog
3M ago
Being charged with a crime can be a confusing and overwhelming experience. Your mind is likely juggling many questions. What should I do? What are my rights? How can I protect myself? The following information can guide your next steps after being charged with a crime in Alaska. Understand the charge Before you can mount a proper defense, you must understand the charge against you. What are you accused of, and what are the possible penalties if convicted? Knowing specific details about your case can help you make wise decisions. Remember, you are presumed innocent until proven guilty beyond a ..read more
Law Office of Joshua P. Fink Blog
4M ago
When police ask to come into your home, you don’t have to give them consent. But if you do not consent, they may go to a judge and get a search warrant. This means that they can enter your home whether you would like them to or not, as they have the legal right to execute that search warrant. But a search warrant itself doesn’t mean that the police can do anything that they please. The warrant is going to have certain limits or restrictions that have to be observed. As a general rule, police officers are only allowed to search for items that the warrant lists and go into the location that is s ..read more
Law Office of Joshua P. Fink Blog
4M ago
In Alaska, operating under the influence is a serious offense. Evidence plays an important role in OUI cases. Understanding the types of evidence and how defendants can challenge them is necessary for those facing such charges. Breath tests One common form of evidence in Alaska OUI cases is the breath test. Law enforcement often employs devices to measure blood alcohol concentration. However, these devices are not infallible. Defendants may challenge the accuracy of the equipment or question whether officials properly calibrated and maintained it. Field sobriety tests In Alaska, 2.6% of people ..read more