Arkansas Criminal Defense Blog ©

Check out our new advertisement on Arktimes.com

Administrator — Fri, 06 Feb 2009 13:01:46 +0000

We put up a new advertisement on arktimes.com. See ad below.

Out of State or Out of Town Ticket?

Administrator — Thu, 05 Feb 2009 04:55:29 +0000

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.

Justin Eisele has article published: “Bond Hearings in Arkansas: Seeing the Light of Day Before Trial”

Administrator — Mon, 12 Jan 2009 19:58:19 +0000

The Arkansas Bar Association, through the Young Lawyer Section, has published an article written by Justin Eisele on bond hearings in Arkansas.

Click below to read the informative article:

“Bond Hearings in Arkansas: Seeing the Light of Day Before Trial”

Probation Revocation in Arkansas

Administrator — Thu, 06 Nov 2008 15:07:38 +0000

Many first time offenders in Arkansas are sentenced to probation for their criminal offenses. Most of the time, when a person is placed on probation, they are given a set of conditions of their probation. Most of these conditions are fairly simple. These terms usually include: do not break the law, do not use drugs, pay your fines, pay your restitution, etc.

If a probationer violates their probation a warrant may be issued for their arrest. The probation revocation can move swiftly if the prosecutor wishes it to. It is important to retain counsel early on in the revocation process.

When you have your original trial the prosecutor has the burden of proving his case beyond a reasonable doubt. However, a revocation proceeding has a much lower burden of proof.

Contact our firm if you wish to set up a free consultation for your Arkansas probation revocation case.

Complete Website and Blog Redesign

Administrator — Tue, 04 Nov 2008 11:50:46 +0000

Dear Readers,

Please note our recent website and blog redesign.

We would love to see your comments.

Sincerely,

Justin Eisele

Arkansas Juvenile Law Process/Arkansas Juvenile Delinquency

Administrator — Wed, 13 Aug 2008 16:39:04 +0000

Every jurisdiction in Arkansas handles juvenile delinquency cases differently. However, here is a basic outline of the process:

(Please note that this is only an outline, and that it is not advice for your particular case. Laws constantly change. This list is not guaranteed as 100% accurate at the time of reading. If you wish to set up a free consultation, please call our office.)

1. Juvenile Commits Offense. A juvenile delinquent is any juvenile:

(A) Ten (10) years old or older who has committed an act other than a traffic offense or game and fish violation which, if the act had been committed by an adult, would subject the adult to prosecution for a felony, misdemeanor, or violation under the applicable criminal laws of this state or who has violated § 5-73-119; or

(B) Any juvenile charged with capital murder, § 5-10-101, or murder in the first degree, § 5-10-102, subject to extended juvenile jurisdiction;

(Above is Arkansas Code Annotated § 9-27-303 (15)

2. Prosecutor Decision to File Petition. The delinquent act will usually be referred to the local prosecuting attorney and the prosecuting attorney will decide whether or not to file a petition. This petition will ask that the court find the juvenile delinquent. The petition will name both the juvenile and the parent(s).*

*The prosecutor may also certify the juvenile as an adult and file criminal charges, or the prosecutor may pursue extended juvenile jurisdiction. These topics are beyond the scope of this article. In addition, if one of these options is chosen by the prosecutor, it usually means that the charges are very serious.

3. Juvenile and Parent Ordered to Court. The juvenile and his/her parent(s) will be ordered to court to answer the delinquency petition. At this juncture the juvenile/parents would have hired an attorney, or ask the court to appoint an attorney if they are indigent. The juvenile would enter a plea at this point. If the juvenile admits guilt, the juvenile will face sentencing by the court. This could range from probation to commitment to the Department of Youth Services (Essentially, this is prison for juveniles). If the juvenile asks for a trial the prosecutor will have to put on evidence and prove that the juvenile is guilty of the offense.

4. Dispositions Available to the Court. If a juvenile pleads delinquent or is found delinquent by the court, there are many dispositions available to the court. The court can order any of the following things:

Probation. (This can involve many things such as drug tests, counseling, etc)
Fines.
Court Costs.
Restitution.
Alternative Dispositions. The Court can order that the juvenile case go through mediation, diversion, or possibly through a local “Teen Court.”

The Eisele Law Firm, P.A., handles juvenile delinquency cases and would be happy to offer a free consultation in your case. Please call us at 501-315-5293.

Arkansas Minor in Possession (MIP)

Administrator — Sat, 02 Aug 2008 12:43:46 +0000

In Arkansas, it is unlawful for a person under the age of 21 to purchase, or have possession of, alcohol. Arkansas Code Annotated 3-3-203.

The punishment for the being in violation of the Arkansas Minor in Possession (MIP) laws is as follows:

1. Up to a $500.00 fine.

2. Possible Probation.

3. Immediate Suspension of License. The period of suspension will depend on how many prior MIP violations the offender has in his/her record.

4. Have to write essay or theme.

Reckless Driving Charges in Arkansas

Administrator — Wed, 30 Jul 2008 12:07:13 +0000

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.

Arkansas Code Search

Administrator — Sat, 26 Jul 2008 13:49:40 +0000

The Arkansas Legislature has a version of the Arkansas laws posted on their website.

This is a handy feature when wanting to look up a portion of the Arkansas statues.

One note, please be sure to read the disclaimer on the website. The web version of the Arkansas Code is not guaranteed. It is only meant for informational purposes.

Find the Arkansas Code search by CLICKING HERE.

What is a Miranda Warning?

Administrator — Sun, 13 Jul 2008 22:25:34 +0000

Most of us have seen the television show “Law and Order” or some other law enforcement drama. We have seen Lenny read someone their rights in a sarcastic tone.

As a result of a landmark case, Miranda v. Arizona, 384 U.S. 436 (1966), most every defendant, when taken into custody, is Mirandized. Although there is no magic language to be read to defendant, the Supreme Court was clear on what is needed:

“Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently.” Miranda at 444.

As a result, if you are brought into speak to a detective, it is likely they will ask you this list of questions in some form or fashion:

You have the right to remain silent and refuse to answer questions. Do you understand?

Anything you do say may be used against you in a court of law. Do you understand?

You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?

If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?

If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?

Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

You can not be harmed by speaking to an attorney before speaking to an officer who has Mirandized you. There is a reason they tell you that you have a right to speak to an attorney. YOU DO!