Arkansas Criminal Defense Blog ©

Around the holiday season various Arkansas law enforcement agencies will generally set up more DWI Roadblocks / Safety Checkpoints. The United States Constitution addresses searches and seizures in the Fourth Amendment:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” – United States Constitution, Amendment IV

The United States Supreme Court has said that stopping a vehicle at a DWI roadblock is a seizure for purposes of the Fourth Amendment.  See Michigan Dep’t of State Police v. Sitz, 496 U.S. 444 (1990). However, the question becomes: was the seizure unreasonable?

Generally, DWI roadblocks are set up to stop people without prior suspicion of criminal conduct or drunk driving. When this is the case, the Supreme Court of the United States created a three-pronged balancing test to determine the reasonableness of the seizure:

(1) a weighing of the gravity of the public concerns served by the seizure;

(2) the degree to which the seizure advances the public interest; and

(3) the severity of the interference with individual liberty.

Brown v. Texas, 443 U.S. 47 (1979)

How the above factors apply in any particular case are numerous and all very fact-specific. If your DWI in Arkansas involves a roadblock or safety checkpoint it is important to let your attorney know of all the facts surrounding the roadblock experience. Justin Eisele is available for free consultations for your DWI or DUI case in Arkansas.

Tags: Arkansas DWI, Arkansas Drinking Charges, DWI

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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.

Tags: Misc

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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.

Tags: Misc

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Over the past few years I have noticed a large increase in persons being charged with using fraud to obtain drugs. There are a few typical scenarios:

1. Someone gets a  pill script and they will add a “0″ so that they would get 100 Xanex instead of 10.

2. Someone who has access to a doctor’s office actually takes a script pad and forges the entire script.

Whether you fake a script or simply alter it, the punishment is the same. The code reads as follows:

(2) Acquire or obtain possession of a controlled substance by
misrepresentation, fraud, forgery, deception, subterfuge, or theft;

Arkansas Code 5-64-403)(a)(2).

The punishment for such activity is a Class C Felony. The sentencing range is from 3-10 years incarceration and/or a fine.

Fraud to Obtain Drugs in Arkansas carries serious penalties. If you would like a free consultation to discuss your charges please call us at 501-315-5293.

Tags: Drug Charges

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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.

Tags: Misc

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