Arkansas Criminal Defense Blog ©

The 2008-2009 Arkansas Legislative session produced several slight, yet impactful, amendments to previously established laws.  It is important for attorneys, as well as citizens, to remain up-to-date on any changes to the laws impacting Arkansas’s criminal system.  The following few selections highlight the most recent changes in our state’s statutes:

1. The fine limits misdemeanors and violations were increased effective July 1, 2009:
   1. Act 209 increased the fine limits for misdemeanors: Class A to $2500; Class B to $1000; and Class C to $500.
   2. Act 341 increased the maximum fine for violation of municipal ordinances from $500 to $1000 and increases continuing violations from $250 to $500.
2. Major changes to Arkansas DWI offense with regard to driver’s license suspension were also made:
   1. Act 922 reduced the time for which a restricted license is imposed for both second and third DWI offenses from three hundred sixty five (365) days to forty five (45) days, after which time an interlock device may be installed.
   2. Act 1293 increased the period of license suspension for a first time DWI from one hundred twenty (120) days to one hundred eighty (180) days.
3. Multiple new criminal offenses were enacted by the Arkansas General Assembly during this past session: 
   1. Act 33 created the offense of “Aggravated cruelty to a dog, cat, or horse.”  A person commits the offense if he or she knowingly tortures one of the abovementioned animals, and the offense is treated as a Class D felony.
   2.  Additionally, Act 33 prohibits all animal fighting in the state of Arkansas.
   3. Act 976 provides that a person who exercises control over private property shall not knowingly allow an individual, who is less than twenty-one years of age and not a family member, to consume alcohol on his or her private property.  For the property owner to be cited, they must be present at the time of the minor’s consumption, which is punishable under a Class C misdemeanor.
4. Sentencing changes were also implemented by the Arkansas General Assembly.  Act 650 increased the penalty for negligent homicide to a Class B felony, and provides that a prior conviction of negligent homicide constitutes a previous offense for the purposes of enhancing DWI sentencing.
5. Laws regarding families in Arkansas were amended as well:
   1. Act 332 encompasses strangulation under the crimes of aggravated assault and assault in the first degree.
   2. Further, aggravated assault on a family or household member was added to the list of offenses that will increase domestic battering from a Class A misdemeanor to a Class D felony for a prior conviction occurring within the past five years pursuant to Act 333.

Remember, staying updated on current legal issues can make a significant impact on the sentencing phase of a criminal case.  If you have any questions regarding these most recent Legislative updates, contact our firm at jeisele@eiselelaw.com.

Tags: Arkansas DWI, Arkansas Drinking Charges, Arkansas Felonies, Arkansas Misdemeanors, DWI

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Traveling from out of state to or through Arkansas?

Maybe you are just traveling to a never-been-before corner of the state?

It is common for travelers to get a traffic ticket, or other minor offense ticket, in a town or locale they are not from. It can be very costly to travel to court challenge a ticket or to even try to work out a reasonable plea bargain with the local prosecuting attorney. Such costs could be:

1. Gas for car or plane ticket.

2. Lost wages.

3. Child care expenses.

4. Missing school.

5. Possibility that the case will get continued and you might have to show up again.

Arkansas statute allows for an attorney, in non felony cases, to stand in and accept a plea on his/her client’s behalf if authorized by the client and approved by the court. This can 1) allow a person the ability to possibly avoid a court appearance and 2) offer a client the ability to have an advocate in court and negotiate a reasonable plea bargain.

Tags: Arkansas Misdemeanors, Arkansas Traffic Tickets

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Reckless Driving is a serious traffic related offense that is punishable by jail time and/or a fine. However, that is not the only punishment you must be aware of for this offense. The Arkansas Department of Finance and Administration will also assign a hefty number of “points” to your driving record.

The statute for Reckless Driving is below:

Arkansas Code 27-50-308

(a) Any person who drives any vehicle in such a manner as to indicate a wanton disregard for the safety of persons or property is guilty of reckless driving.

(b)(1)(A) If physical injury to a person results, every person convicted of reckless driving shall be punished upon a first conviction by imprisonment for a period of not less than thirty (30) days nor more than ninety (90) days or by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment.

(B) Otherwise, every person convicted of reckless driving shall be punished upon a first conviction by imprisonment for a period of not less than five (5) days nor more than ninety (90) days or a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500), or by both such fine and imprisonment.

(2)(A) For a second or subsequent offense occurring within three (3) years of the first offense, every person convicted of reckless driving shall be punished by imprisonment for not less than thirty (30) days nor more than six (6) months or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment.

(B) However, if the second or subsequent offense involves physical injury to a person, the person convicted shall be punished by imprisonment for not less than sixty (60) days nor more than one (1) year or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment.

Tags: Arkansas Misdemeanors, Arkansas Traffic Tickets

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Obviously the topic of prostitution is not one you generally bring up at the dinner table.

Someone arrested for prostitution or soliciting prostitution can be subject to shame, unfavorable media attention, and possibly a terribly embarrassing criminal conviction on their record.

There are three main prostitution charges in Arkansas. I will address the main two which are Prostitution and Patronizing of a Prostitute. Promoting Prostitution is not as common. However, if you are “manager” of some sort in one of these types of operations ,and you are charged with promoting of prostitution, feel free to call the Eisele Law Firm, P.A. for a free consultation.

1. Prostitution- A person commits prostitution if in return for or in expectation of a fee he or she engages in or agrees or offers to engage in sexual activity with any other person. (Arkansas Code Annotated 5-70-102) First offense of prostitution is a B misdemeanor. A second offense, is an A misdemeanor.
2. Patronizing a Prostitute- A person commits the offense of patronizing a prostitute if he or she:
1. Pays or agrees to pay a fee to another person on an understanding that in return that person or a third person will engage in sexual activity with him or her; or
2. Solicits or requests another person to engage in sexual activity with him or her in return for a fee.

If you are charged with one of the above offenses it is important to talk to a criminal defense attorney immediately. Justin Eisele of Eisele Law Firm, P.A. offers free consultations.

Tags: Arkansas Misdemeanors

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In Arkansas there are a few main differences between a DWI charge and a DUI charge.

Here is the simplest way to keep them apart:

If you are over 21, you cannot be guilty of a DUI. However, if you have had quite a lot of drink, you can be guilty of DWI and be UNDER 21.

How does this all work do you ask? Well, first look at the two statutes:

1. DWI-

(a) It is unlawful and punishable as provided in this act for any person who is intoxicated to operate or be in actual physical control of a motor vehicle.

(b) It is unlawful and punishable as provided in this act for any person to operate or be in actual physical control of a motor vehicle if at that time the alcohol concentration in the person’s breath or blood was eight-hundredths (0.08) or more based upon the definition of breath, blood, and urine concentration in § 5-65-204.

(Arkansas Code Annotated 5-65-103)

2. DUI-

(a) It is unlawful and punishable as provided in this subchapter for any underage person to operate or be in actual physical control of a motor vehicle while under the influence of an alcoholic beverage or similar intoxicant.

(b) It is unlawful and punishable as provided in this subchapter for any underage person to operate or be in actual physical control of a motor vehicle if at that time there was an alcohol concentration of two-hundredths (0.02) but less than eight-hundredths (0.08) in the underage person’s breath or blood as determined by a chemical test of the underage person’s blood or breath or other bodily substance.

(Arkansas Code Annotated 5-65-303)

3. The Differences- There are a few key differences to point out between DWI and DUI in Arkansas:

• Age- You have to be under 21 to be guilty of DUI. There is no age requirement for DWI.
• For DWI you have to be intoxicated or .08 or better on the BAC. For DUI you only have to be “under the influence” (a lower level than intoxication) or between .02 and .08 on the BAC.

It is important to hire an experienced DWI or DUI attorney if you have been charged. Justin Eisele of the Eisele Law Firm, P.A. has tried many DWI and DUI cases. For a free consultation call 501-315-5293.

Tags: Arkansas DWI, Arkansas Misdemeanors, Arkansas Traffic Tickets

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The Arkansas Department of Health, through the directive of the Arkansas Legislature, promulgates rules and regulation for alcohol testing. (Arkansas Code Annotated 5-65-201)

To put it plainly: The elected folk, in order to add legitimacy to the testing of blood, breathe, and urine, for the purpose of detecting levels of alcohol, have made a list of fancy rules and regulations.

These rules and regulations must be followed in order for your alcohol test results to be entered as evidence into a court of law.

When charged with a DWI it is important to hire a defense attorney that is well versed on these rules and regulations.

To view these rules and regulations check HERE.

Tags: Arkansas DWI, Arkansas Misdemeanors, Arkansas Traffic Tickets, Uncategorized

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Disorderly Conduct is a criminal charge in Arkansas that has probably one of the broadest scopes of any in Arkansas.

To be guilty of Disorderly Conduct you must, with the purpose to cause public inconvenience, annoyance, or alarm or recklessly creating a risk of public inconvenience, annoyance, or alarm, do one of the following:

(1) Engages in fighting or in violent, threatening, or tumultuous behavior;

(2) Makes unreasonable or excessive noise;

(3) In a public place, uses abusive or obscene language, or makes an obscene gesture, in a manner likely to provoke a violent or disorderly response;

(4) Disrupts or disturbs any lawful assembly or meeting of persons;

(5) Obstructs vehicular or pedestrian traffic;

(6) Congregates with two (2) or more other persons in a public place and refuses to comply with a lawful order to disperse of a law enforcement officer or other person engaged in enforcing or executing the law;

(7) Creates a hazardous or physically offensive condition;

(8) In a public place, mars, defiles, desecrates, or otherwise damages a patriotic or religious symbol that is an object of respect by the public or a substantial segment of the public; or

(9) In a public place, exposes his or her private parts.

(Arkansas Code 5-71-207)

Obviously, this is a pretty exhaustive list. Prevailing on a Disorderly Conduct charge can be difficulty. It is important to consult with an experienced Arkansas criminal defense attorney when attempting to prevail on any criminal charges. Eisele Law Firm, P.A., has experience with Disorderly Conduct charges and offers free consultations.

Tags: Arkansas Misdemeanors

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There are many people in Arkansas, who are not even true “criminals”, who have experienced, or know those who have experienced, either a “drinking in public” charge or a “public intoxication” charge.

Both of these offenses are located in the Arkansas Code at 5-71-212.

A rough break down of what the prosecutor has to prove in each of these charges is as follows:

Public Intoxication:

1. You are in a public place, and

2. you are manifestly under the influence of alcohol or a controlled substance, and either
3. you are a danger to yourself or others persons or property, or

4. you unreasonably annoy a person in your vicinity.

Usually a trial for Public Intoxication comes down whether you were actually in a public place or whether, or not you were a danger to yourself or others.

Drinking in Public:

1. You consume alcoholic beverages,

2. in a public place, or

3. a highway or street, or

4. upon any passenger coach, streetcar, or in or upon any vehicle commonly used for the transportation of passengers; or

5. in or about any depot, platform, waiting station or room, or other public place.

For drinking in public you do NOT have to be intoxicated. You only have to be drinking in a place you are not supposed to be.

It is important to hire an experienced Arkansas criminal defense attorney when dealing with any criminal charges. The Eisele Law Firm, P.A. has experience in handling both of these types of charges.

Tags: Arkansas Drinking Charges, Arkansas Misdemeanors

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There are many bad decisions to make in life.

One of those bad decisions is to drive during your license suspension period for a DWI in the great state of Arkansas.

Under Arkansas Code 5-65-105, if you make the above bad decision, the following will be your sentence:

1. MANDATORY 10 days in jail, and

2. Up to a $1,000.00 fine.

If you face the above charge you are looking at mandatory jail time. It is important to consult an experienced arkansas dwi attorney.

Tags: Arkansas DWI, Arkansas Misdemeanors

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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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