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4 weeks ago
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Our phones have been down all day and we are hopeful that they will be up again shortly. Should you need to contact anyone at the firm, please send an email; or in the alternative, if you do not have the email address for the person you need to reach, you can send it to email@example.com and it will be directed appropriately. We apologize for any inconvenience and hope to have our phones up again shortly! ... See MoreSee Less
Here is an interesting article on Probation Conditions written by Associate Attorney Steven Hansen. Steven practices criminal law, family law and general civil law. If Steven can assist you with anything, please contact us!
Current Caselaw on Challenging Probation Conditions During Felony Sentencing
A sentencing court’s authority to set conditions of probation in a felony case has been governed for many years by Roman v. State. In that case the Alaska Supreme Court held that a condition of probation must not only benefit the probationer’s rehabilitation but must be reasonably related to the probationer’s offense. Furthermore, probation conditions may not unduly restrict the liberty of the probationer. Sentencing judges must apply heightened scrutiny for probation conditions which implicate constitutional rights.
While these principles have been well established over the years, the Court of Appeals has more recently taken a keen interest in ensuring trial courts issue probation conditions tailored narrowly to each specific case. All proposed conditions of probation are subject to affirmative review by the court to ensure they abide by the requirements of Roman. However the court is not under obligation to address conditions on the record to which a defendant has not objected.
If the defendant does not object to a condition of probation at the time of sentencing, the appellate courts may only review it for plain error. Demonstrating plain error, however, is an uphill ordeal for the defendant, as he or she must demonstrate the decision not to object was not part of a tactical decision, the error was obvious, the error affected substantial right, and that the error was prejudicial.
To avoid the plain error hurdle, it is critical that counsel object to onerous proposed conditions of probation in advance of a sentencing hearing to be able to fully litigate their appropriateness to a particular defendant. It is also critical that counsel for the defendant be familiar with the current state of the law regarding conditions of probation. Finally, it is important to remember that conditions of probation should be challenged based on these grounds; even “standard” or general conditions of probation must be held to the scrutiny of Roman and its following caselaw. ... See MoreSee Less
CSG, Inc. would like to welcome Steven S. Hansen to the firm! As of October 1, Steven joined our firm as an associate attorney. Steven graduated from The George Washington University School of Law in 2009 and spent the last 9 years working at the Alaska Public Defender Agency. Steven also serves as a member of the Board of Directors of the Nordic Ski Club of Fairbanks (2014 - Present).
Steven is practicing law in the following areas:
• Criminal Law – Felony & Misdemeanor
• General Civil Practice
• Family Law
If you have any legal needs that Steven may be able to assist you with, please contact us! Please join us in welcoming Steven! ... See MoreSee Less
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