Arkansas Criminal Defense Blog ©

There is a great comment I came across at http://www.criminaldefenseblog.blogspot.com/.

On my blog I have mentioned the importance of talking to an attorney as soon as possible. Brian Tannenbaum, a Florida defense attorney, illustrates this point very well in the context of the Larry Craig (Rep Senator from Idaho):

“People are screaming why an innocent man would plea guilty. That makes me laugh, hard. Happens every day folks. He said he “wanted to make it go away,” and it did. For a while at least.

Now he says he wasn’t guilty, shouldn’t have pled guilty and is, hey, hiring a lawyer to withdraw his plea. I don’t know the law in Minnesota, but I bet it’s too late.

Too late Larry.”

The moral of the story..:

remember Larry Craig…and don’t Stall when hiring an attorney.

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Most people arrested on a felony for the first time in Arkansas are confused about the process. Below is a general outline of what they can expect*:

1. After arrest a law enforcement agency must bring the accused to a judge for a bond. (The one exception is that under certain circumstances a capital offense can result in someone not getting a bond)
2. If you cannot make bond, and remain in jail, the prosecutor has 60 days to file charges. If charges are not filed within that time frame it does not mean that the prosecutor cannot charge you, but it does mean that you will be released pending your trial.
3. If you post bond you will likely be given a call back date to see if the prosecutor has filed charges. If you have not been given a call back date the prosecutor can have you served with a summons to appear in court to answer to your felony charges. The prosecuting attorney has up to 1 year to prosecute someone for a felony charge.
4. It is important to note that a prosecute does not have to file charges based on your arrest. However, as a matter of course, most charges are filed as a result of an arrest unless there was some procedural or constitutional problem with the arrest.
5. Once you have been formally charged, you will go to court for your plea and arraignment. At this point you will hopefully be represented by counsel and you will either enter a plea of guilty or not guilty. As a matter of strategy and preparation, it is not common for accused persons to plead guilty at this court date. Even if a plea is beneficial to the accused it is usually necessary for the accused to enter a plea of not guilty at this court date in order for his attorney to review the case and have time to plea bargain with a prosecutor. An accused has the right to have the formal charges read to him, but as a course most persons waive this right after discussing the prosecutor’s charges with their attorney beforehand.

*This is just a general summary and is not intended to be legal advice

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The first meeting with a potential attorney for your criminal defense matter is crucial. If certain measures are not taken soon enough evidence can be destroyed and deadlines can pass.

You should have the following with you when you first meet with a potential attorney for your criminal matter:

1. Copy of the police report from the agency who arrested you.
2. Copy of all your bail documents
3. Copy of any paperwork that police have served on you (example: search warrants)
4. Take 10 minutes to document all of your prior arrests and convictions and also where they originated from.

It is important that you enlist a quality defense attorney early on in proceedings. A defense attorney needs as much time as he can possibly have to prepare your defense, or to prepare his argument for a favorable plea on your behalf.

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Our court systems are based on the adversarial system. Although the facts generally drive a case to its conclusion a well prepared attorney on either side can sometimes make a difference.

I believe everyone accused of a crime deserves a well-prepared and dedicated attorney.

I believe without a competent defense attorney the checks and balances of our justice system become out of balance and justice is not done.

I believe that all persons fail themselves and others during their lifetime. However, if we do not temper justice with mercy we are only left with wrath.

I believe everyone deserves a second chance.

I believe in a fair fight. Criminal cases are titled “State v. John Doe” because the entire resources of the State are against one person.

I believe that our right to a criminal jury trial under our Constitution is something that is coveted, and should be protected.

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The citizens of the great state of Arkansas have a long tradition of hunting. For persons who have hunted all of their lives, and enjoy sharing this past time with their friends and family, it is important for them to realize that a felony conviction strips a person of all rights to gun ownership. In fact, after conviction, possession of a firearm, can result in another felony conviction. (See Arkansas Code Annotated 5-73-103)

The only way that a convicted felony in Arkansas can regain his rights to possess a firearm is to file for a pardon or other statutory relief through the Governor’s Office.

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Multiple DWI convictions in Arkansas can result in possible severe punishments. Below are the possible jail and prison sentence ranges. Arkansas has a “look back” period of 5 years when calculating DWI prior convictions. Only prior offenses, that result in conviction, that occur within 5 years of the current offense, are calculated. (This does not include driver’s license suspensions, fines, and alcohol safety classes that are typically included in DWI sentences)

*Jail and Prison Terms for DWI

DWI 1- From 1 day to 1 year in county jail

DWI 2- From 7 days to 1 year in county jail

DWI 3- From 90 days to 1 year in county jail

DWI 4- 1 to 6 years in prison

DWI 5- 2 to 10 years in prison

(See Arkansas Code Annotated 5-65-111)

*It is possible for a judge to allow for community service for a DWI, but this is rarely done.

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There are two ways an Arkansas prosecutor can prove a DWI under state law:

1. The State must always prove that the accused operated or controlled a motor vehicle, and either,
1. The accused was intoxicated while operating the motor vehicle, or
2. The accused, while operating or controlling the motor vehicle, had an alcohol concentration of .08 or more in their breath or blood.

(See Arkansas Code Annotated 5-65-103)There are many challenges in defending of a DWI in Arkansas. The most troublesome challenge is that of the state law mandating that a DWI, once charged, can never be dropped or amended. (Arkansas Code Annotated 5-65-107)

It is important to see a criminal defense attorney well versed in DWI law when hiring one for your defense.

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It is important for those accused of crimes to be aware of their rights under the U.S. Constitution. Please take a moment to read all of these. Many of those not aware of their rights do not enforce them when the time comes.

Constitutional Rights of Those Accused

1. Right to an Attorney- Every person has a right to an attorney under the U.S. Constitution. Speaking to an attorney before talking to anyone about criminal accusations is paramount, and leads to an equally important constitutional right…to shut up!
2. Shut Up!- The 5th Amendment provides every person a right to remain silent in criminal cases against them. Most criminal cases are won by prosecutors who have confessions.
3. Right to Jury Trial- Every person has a right to a trial by jury of their peers under the 6th Amendment to the Constitution.
4. Right to Compel Witnesses- Under the 6th Amendment an accused has a right of compulsory attendance of his witnesses. This means that persons subpoenaed for defense are forced to show to court.
5. Confrontation of Witnesses- Accused also have the right under the 6th Amendment to confront their accusers and cross-examine them in court.
6. Right to a Speedy Trial- Those arrested on criminal charges under the 6th Amendment have a right to a speedy trial. A prosecutor can generally not hold charges over a defendant indefinitely.
7. Beyond a Reasonable Doubt- An accused has the absolute right for the government to prove their case…each element of their case…beyond a reasonable doubt to each and every member of the jury.

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I am glad to announce the opening of the eiselelaw.com criminal law blog. I handle numerous types of cases, many of which are not criminal. However, I have decided to focus the blog on criminal matters for the simple reason that there are only so many topics that can be covered effectively in a blog.

Please enjoy, and snoop around.

Sincerely,

Justin Eisele, Attorney at Law

NOTE:

Justin Eisele is responsible for the content of this site.

This web site is designed for general information only. The information presented at this site should not be construed to be neither formal legal advice nor the formation of a lawyer/client relationship.

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