Arkansas Criminal Defense Blog ©

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!

Interlock-Devices for DWI in Arkansas

Administrator — Sat, 12 Jul 2008 16:38:45 +0000

Depending on priors, and the nature of the DWI, the only option for a person accused of DWI is to install an interlock device on their car. These devices are regulated by the Arkansas Department of Health and those regulations are HERE.

There are private companies in Arkansas who offer help installing these devices so that persons may be able to drive during their suspension of their Arkansas driver’s license.

What schedule of drug? (Weed, Pills, Cocaine, etc)(Arkansas)

Administrator — Sat, 12 Jul 2008 16:19:34 +0000

One of the first factors that determines if your drug possession makes you guilty of a felony or a misdemeanor is the schedule of drug it is. The Arkansas Code authorizes the Arkansas Department of Health to make of list of controlled substances and to decide what schedule certain controlled substances are. For example, marijuana is not as high up the list as say cocaine or methamphetamine.

Here is the latest list posted on the health department’s website. This list may not be up to date at the time you read this so it is important to consult with your attorney in your possession matter. The Director of the Health Department has the duty of revising and republishing the list annually under Arkansas Code Annotated 5-64-216.

It should also be noted that proof that you possessed any controlled substance with the intent to sell, manufacture, etc, can make your charge more serious. That is a different topic of discussion for another post.

Unlawful dog fighting in Arkansas

Administrator — Tue, 24 Jun 2008 14:58:21 +0000

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.

Arkansas Animal Cruelty Law and Punishment

Administrator — Tue, 24 Jun 2008 14:39:35 +0000

Animal Cruelty offenses are treated seriously in the state of Arkansas. I have posted below the Arkansas statute: Cruelty to Animals. Arkansas Code Annotated 5-62-101 (2007).

Some of the high points you should remember:

1. The court can take your animal(s) from you.

2. The court can order a you to have a mental evaluation and/or treatment.

3. You may get up to one (1) year in jail and/or a $1,000.00 fine.
4. The court may order you to pay restitution to house and/or treat your animal.

5. A member of a society incorporated to prevent cruelty to animals has the power to arrest you in certain situations!

STATUTE

5-62-101. Cruelty to animals.

(a) A person commits the offense of cruelty to animals if, except as authorized by law, he or she knowingly:

(1) Abandons any animal;

(2) Subjects any animal to cruel mistreatment;

(3) Subjects any animal in his or her custody to cruel neglect; or

(4) Kills or injures any animal belonging to another without legal privilege or consent of the owner.

(b) Cruelty to animals is a Class A misdemeanor.

(c)(1) In addition to any other penalty provided by law, the court may order any person found guilty of cruelty to animals to receive a psychiatric or psychological evaluation, and if determined appropriate, psychiatric or psychological counseling or treatment.

(2) The cost of any evaluation, counseling, or treatment may be ordered paid by the defendant up to the jurisdictional limit of the court.

(d) If a person pleads guilty or nolo contendere to or is found guilty of cruelty to animals, the court may assign custody of the abused animal to a society which is incorporated for the prevention of cruelty to animals.

Arkansas Order of Protection Consequences

Administrator — Sat, 31 May 2008 17:09:15 +0000

Arkansas law allows for persons that are subject to domestic abuse to apply for an Order of Protection. (Arkansas Code Annotated 9-15-101-et seq.)

Unfortunately, this process is sometimes abused by those applying for them. Some situations may include:

An upset spouse or significant exacting revenge after a break up.

A spouse trying to gain advantage in a pending, or soon to be pending, divorce proceeding.

A spouse applying for an Order of Protection in anticipation of the other spouse applying for one. (“The Race to the Courthouse”)

It is important to have legal representation whenever one is served with an Ex-Parte Order of Protection. Arkansas law allows for the applicant to get an “Ex-Parte” (this means temporary) without a hearing. However, the court must have a hearing within thirty (30) days within filing of the temporary order.

WARNING: If you fail to attend the final hearing a final order of protection may be entered against you. Also, if the other party proves they are worthy of being granted a final order of protection the following will happen:

You will not be able to possess a firearm.

The order may be entered against you for up to ten (10) years.

If you violate this order in any way you may be arrested for a Violation of a Protection Order. This is a Class A Misdemeanor and punishable by up to one (1) year in jail, and a $1,000.00 fine.

Call the Eisele Law Firm to set up a free consultation if you have been served with an order of protection in Arkansas. We are developing a website dedicated to Arkansas order of protection defense at www.orderofprotectiondefense.com. See our main website at http://www.eiselelaw.com.