Arkansas Criminal Defense Blog ©

The costs of incarceration are skyrocketing. The Pew Society recently found that 1  in 100 adults are behind bars (for an overview of their study click HERE).

States are now looking to alternatives to incarceration. Drug Courts have become a legitimate option to help rehabilitate persons without the costs of incarceration. Most counties in Arkansas have a drug court program available. Each jurisdiction has a different approach to drug court. It is important to speak with your attorney and the drug court staff so that you understand all the rules and requirements.

The benefits of drug court programs include:

1. Dismissal of record, sealing of record, or greatly reduced penalties.
2. Intense drug rehabilitation and counseling.
3. Requirement that participants become employed and productive citizens.

Justin Eisele has represented numerous persons who have been accepted into the local drug court in Saline County, Arkansas. If you have been charged with a criminal offense feel free to schedule a free consultation with our firm. We can be reached at 501-315-5293.

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One of the more commonly charged misdemeanor offenses in Arkansas is Terroristic Threatening. Depending on the circumstances, Terroristic Threatening can be a misdemeanor or felony offense in Arkanas.

Arkansas Code 5-13-301 covers the offense of Terroristic Threatening.

1. For the offense to be in the First Degree, a class D felony, the following conduct must be present:

(A) With the purpose of terrorizing another person, the person threatens to cause death or serious physical injury or substantial property damage to another person; or

(B) With the purpose of terrorizing another person, the person threatens to cause physical injury or property damage to a teacher or other school employee acting in the line of duty.

Arkansas Code 5-13-301(a)(1)(A) & (B).

2. For the offense to be in the Second Degree, a class A misdemeanor, the following conduct must be present:

(b)(1) A person commits the offense of terroristic threatening in the second degree if, with the purpose of terrorizing another person, the person threatens to cause physical injury or property damage to another person.

Arkansas Code 5-13-301(b)(1).

Many persons are charged with terroristic  threatening as a result of misunderstandings between persons that may not have any sort of criminal record. Any criminal offense, especially felonies, can be harmful to persons trying to see or retain employment. If you have been charged with terroristic  threatening and would like free consultation please give us a call.

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There are two types of forgeries in Arkansas.

Forgery in the First Degree (Arkansas Code 5-37-201(b)). First Degree covers mainly forgery of government documents. Most cases I have seen in this category involved counterfeit money. Forgery in the First Degree in Arkansas is a Class B Felony punishable by 5-20 years imprisonment and/or a fine.

Forgery in the Second Degree (Arkansas Code 5-37-201(c)). Forgery in the Second Degree includes many forged documents. The most commenly forged document would be a check. Forgery in the Second Degree in Arkansas is a Class C Felony punishable by 3-10 years imprisonment and/or a fine.

One common misconception people have is that you have to actually be the one who forged a signature or even have to have actually used the forged document to get something of value. The definition of forgery in Arkansas is very broad and includes all of the following:

(a) A person forges a written instrument if, with purpose to defraud,

the person makes, completes, alters, counterfeits, possesses, or utters

any written instrument that purports to be or is calculated to become or

to represent if completed the act of a person who did not authorize that

act.

Arkansas Code 5-37-201(a).

Forgery in Arkansas is a serious offense. If you are charged with this crime feel free to call our firm at 501-315-5293 and schedule your free consultation today.

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Shoplifting is a crime that can touch any type of family regardless of race, religion, economic situation, or otherwise. There are people who shoplift that desperately need food and clothing. There are also people who shoplift and admittedly do not understand why they do so.

Generally, shoplifting in Arkansas is a Class A Misdemeanor punishable up to a year in jail and/or a $2,500.00 fine. However, due to the rise in cost of clothing items, the firm has seen many many persons charged with felony theft of property as a result of what most people would consider “shoplifting.” In Arkansas, the type of charge you get for theft/shoplifting is based upon the value of the goods taken. It is broken down as follows:

$500.00 or less = Class A Misdemeanor

>$500.00 but <$2,500.00 = Class C Felony

$2,500.00 or more = Class B Felony

Arkansas Code 5-36-103

As you can see, someone shoplifting clothing of any signifigant value can lead to possible felony charges. Thankfully, there are legitimate counseling services available for those dealing with theft issues. For minor shoplifting offenses it is possible to negotiate counseling courses as part of the punishment.

An article from the CBS website, “Addicted to Stealing”, shows that shoplifting can touch any family. Our firm has handled many shoplifting cases. Please call us for a free consultation today.

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Dear Readers,

We get many many comments on how great our website and blogs looks. If you would like to retain our website designer he can be reached through his website at (Kevin Kennedy) www.strazi.org .  Kevin is a talented website designer and is a great artist.

If you drop him a line please tell him that we sent you.

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In Arkansas, other than for parking violations, persons holding an Arkansas CDL license cannot take advantage of many of the alternative disposition avenues available for other similiarly situated person who do not hold an Arkansas CDL license. The Arkansas Code section dealing with this topic is A.C.A. 27-23-128:

27-23-128. Deferment of sentence — Restrictions.

No circuit or district court judge may utilize § 5-4-311, § 5-4-321, § 16-90-115, or §§ 16-93-301 — 16-93-303, or § 27-50-701 or any other program to defer imposition of sentence in instances in which the defendant holds a commercial driver license and is charged with violating any state or local traffic law other than a parking violation.

It is important to speak to an attorney if you are a person holding an Arkansas CDL license and you have been charged with a traffic ticket. Call Eisele & Huffman, P.A. for your free consultation today.

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Most persons are aware that there are criminal penalties related to IRS code violations. However, Arkansas law also provides for criminal punishment with regard to state tax returns.

• It is a Class D Felony to willfully fail to to pay or file a tax return. Ark. Code Ann. 26-18-202.
• Any person willfully trying to avoid payment of taxes (or helps someone do so) is guilty of a Class C Felony. Ark. Code Ann. 26-18-201.
• False answers to questions from the Department of Finance and Adminstration is a Class D Felony. Ark. Code. Ann. 26-18-204.

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Amendment 35 of the Arkansas Constitution invests regulation of the outdoors with the Arkansas Game and Fish Commission. There can be severe penalties involved (including loss of hunting or fishing license) for violating the Arkansas Game and Fish Code of Regulations. Click HERE to find the most recently updated version of this code.

Our firm is equipped to defend persons charged with violating Game and Fish regulations. Call us for a free consultation today.

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Eisele & Huffman, P.A., now has a presence on Facebook. Click below:

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Justin Eisele has now joined Eisele & Huffman, P.A. Check out our new website at www.ehfirm.com. We are offering informational blogs in the areas of Arkansas Personal Injury and Arkansas Family Law.

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