Arkansas Criminal Defense Blog ©

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Dear Readers,

Please note our recent website and blog redesign.

We would love to see your comments.

Sincerely,

Justin Eisele

Most persons around the country have become aware of unlawful dogfight laws from hearing about the Michael Vick case. Mr. Vick plead guilty under a federal statute. However, the State of Arkansas has a similar unlawful dog fighting statute. To be found guilty in Arkansas you do not necessarily have to be caught “red-handed” in the middle of the dog fight. If the prosecutor can show that you possessed or trained dogs for the purpose of dog fighting, you may be found guilty.

If you have been charged with Unlawful Dog Fighting in Arkansas, feel free to call the Eisele Law Firm, P.A. at 501-315-5293 for a free consultation.

STATUTE

5-62-120. Unlawful dog fighting.

(a)(1) A person commits the offense of unlawful dog fighting in the first degree if he or she knowingly:

(A) Promotes, engages in, or is employed at dog fighting;

(B) Receives money for the admission of another person to a place kept for dog fighting; or

(C) Sells, purchases, possesses, or trains a dog for dog fighting.

(2) Unlawful dog fighting in the first degree is a Class D felony.

(b)(1) A person commits the offense of unlawful dog fighting in the second degree if he or she knowingly:

(A) Purchases a ticket of admission to or is present at a dog fight; or

(B) Witnesses a dog fight if it is presented as a public spectacle.

(2) Unlawful dog fighting in the second degree is a Class A misdemeanor.

(c) Upon the arrest of any person for violating a provision of this section, the arresting law enforcement officer or animal control officer may seize and take custody of all dogs in the possession of the arrested person.

(d)(1) Upon the conviction of any person for violating a provision of this section, any court of competent jurisdiction may order the forfeiture by the convicted person of all dogs the use of which was the basis of the conviction.

(2) Any dog ordered forfeited under a provision of this subsection shall be placed in the custody of a society which is incorporated for the prevention of cruelty to animals or an animal control agency.

(e) In addition to the fines, penalties, and forfeitures imposed under the provisions of this section, the court may require the defendant to make restitution to the state, any of its political subdivisions, or a society which is incorporated for the prevention of cruelty to animals for housing, feeding, or providing medical treatment to a dog used for unlawful dog fighting.

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.

For those of your who love nothing more than reading 4th amendment (search and seizure) cases then John Wesley Hall’s blog is for you. He literally wrote the book on it.

Check it out below:
http://www.fourthamendment.com/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.