Arkansas Criminal Defense Blog ©

There is a story this morning on the unique enemy combatant case of Ali Al-Marri. (posted here. you will need windows media player or real audio).

Ali Al-Marri is a unique enemy combatant case in that Mr. All-Marri was picked up in the United States, not in the battlefield. It is going up before the 4th Circuit Court of Appeals for argument today. For a great summary of the history of the case see this Washington Post article.

What I did want to focus on was a comment taken in the interview by NPR. Former Assistant United States Attorney David Laufman commented on the importance of being able to designate someone an enemy combatant (I hope you are shocked):

“On the other hand, Laufman says, if the case depends on hearsay evidence, or testimony that came out under coercion, or evidence that would compromise sensitive intelligence sources and methods then the government may not be able to try the person in criminal court, so the president goes the enemy combatant route.”

Tags: Constitutional Rights, Criminal Defense Articles

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In Arkansas failure to appear in District Court can result in a driver’s license suspension. Three things will result from “missin court”.

1. The prosecutor pursuing the charge of Failure to Appear against you. See A.C.A. 5-54-120.
2. You will have your license suspended until you appear in court and complete your sentence.
3. You will have to pay a reinstatement fee to get your license back.

See Generally A.C.A. 16-17-131.

The moral of the story is: do not be “missin court”.

Tags: Arkansas Failure to Appear, Suspension of License

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Many people are curious about what the fines and costs are for misdemeanors in Arkansas. The fines and costs are as follows*:

• Class C Misdemeanors- Fine not exceeding $100, and up to 30 days in jail.
• Class B Misdemeanors- Fine not exceeding $500, and up to 90 days in jail.
• Class A Misdemeanors- Fine not exceeding $1,000, and up to 1 year in jail.

See A.C.A. 5-4-201 and 5-4-401.

*There are such things as “unclassified misdemeanors” that have varying levels of punishment. Also, in addition to fines and costs, many misdemeanors have extra punishments individual to the specific charge. (ex: driver’s license suspension, sex offender registration, etc.)

Tags: Arkansas Misdemeanors

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I am sure most people have seen movies involving police detectives where the detective shows up to a crime scene, and when the detective notices a similar pattern from a previous crime scene he will say something to the effect of:

“Hey Johnny, this seems to part of this guy’s MO.”

Black’s Law Dictionary defines modus operandi (”MO”) as, “a method of operating or a manner of procedure, esp., a pattern of criminal behavior so distinctive that investigators attribute it to the work of the same person.” Black’s Law Dictionary Second Pocket Edition, (West Group 2001).

Often times if there are similarities on homicides or burglaries law enforcement and the prosecuting attorney will use those similarities to tie the same defendant to all of the incidents.

Tags: Legal Term of the Week

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It is important to know that persons who fall far behind on paying child support in Arkansas are subject to prosecution and prison time. Arkansas Code 5-26-401-et seq. deals with the criminal prosecution of child support. Criminal punishment can range from a class A misdemeanor and up to 1 year in jail, up to a Class B felony and up to 20 years in prison. Penalties can be even higher for those with previous felony convictions.

If charged with the offense of Nonsupport in Arkansas it is important to see a criminal defense attorney immediately.

Tags: Arkansas Child Support Prosecution

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Actus Reus is the criminal legal term of the week. Last week we discussed “mens rea” which is the mental state required for any given criminal act.

Actus Reus is the act that is done. When a prosecutor is proving his case he has to not only prove what the criminal’s mental state was, but also prove that he did the act.

Example: Assault in the Third Degree is a Class C Misdemeanor in Arkansas. (A.C.A. 5-13-207). The crime is defined as follows:

“A person commits assault in the third degree if he or she purposely creates apprehension of imminent physical injury in another person.”

Here is a breakdown of the two parts:

Mens Rea- The prosecutor must show that the defendant “purposely” acted. Under the Arkansas statutes someone acts purposely if it is the person’s conscious object to engage in conduct of that nature or to cause the result. (A.C.A. 5-2-202)

Actus Reus- The Prosecutor must show that the defendant created apprehension of imminent physical injury in another person.

Next week’s criminal legal term: Modus Operandi.

Tags: Legal Term of the Week

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Many people passing through a state or a foreign county will just write a check and send their traffic ticket in to avoid going to court. However, some people do not realize the possible effects of getting a traffic ticket. These effects can be:

• Increased insurance rates
• Eventual driver’s license suspension or revocation
• Admission of guilt by paying your ticket

Getting a traffic ticket in Arkansas and sending your payment in to avoid the inconvenience of court can have negative effects. Sometimes courts offer diversion programs or probation for traffic offenses. It is important to see a defense attorney experienced in traffic and criminal defense before admitting your guilt.

Tags: Arkansas Traffic Tickets

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Some persons may think that passing a school bus is only a simple traffic offense.

Think Again! The following are the penalties for anyone who is found guilty of passing a school bus in Arkansas:

• A misdemeanor conviction on your record.
• Fine of from $250 to $1,000 dollars, and/or
• Up to 90 days in county jail.
• Up to 400 hours of community service.
• Automatic driver’s license suspension of from 21 days to 1 year.

In addition, under Arkansas law, there is a rebuttable presumption that the person that the vehicle is registered to is the person that was driving the car when the offense occurred. (See A.C.A. 27-51-1001)

It is important that you see an experienced criminal defense attorney if charged with this offense.

Tags: Arkansas Traffic Tickets

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People are arrested every day for altercations that arise out of a domestic dispute. Many persons arrested believe that the charges will be dropped if their spouse or girlfriend/boyfriend asks the prosecutor.

THIS IS NOT THE CASE.

Things you need to know about domestic violence cases:

• Even if you only plead to a misdemeanor domestic violence charge in Arkansas you cannot possession a firearm under federal law. See 18 U.S.C. § 922(g)
• If you are convicted of a misdemeanor domestic battery charge a second offense within 5 years is a felony. A.C.A. 5-26-305.
• If you are not a U.S. citizen you can be deported for a domestic violence offense.

In conclusion, any domestic violence charge, even if not a felony, is extremely serious and a criminal defense attorney should be consulted.

Tags: Domestic Violence

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A longtime Colorado criminal defense attorney, Charles Leidner, has been arrested for intimidation of a witness in Colorado. The defense attorney was defending a client on a sexual assault case.

It is too early to tell the fairness of the allegations. The defense attorney for Leidner stated:

“The accusations here involve egregious undercover efforts by the Douglas County Sheriff’s Office to intimidate a defense attorney who was doing his best to represent a client in a difficult case.”

Story here at Channel 7 in Denver, CO.

I will follow up this story when more information becomes available. I would be glad to take comments on those who practice in Colorado.

Tags: Criminal Defense Articles

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