Arkansas Criminal Defense Blog ©

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.

Tags: Misc

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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.

Tags: Misc

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

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Tags: Misc

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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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The Eisele Law Firm, P.A., through the Arkansas Criminal Defense Blog, announces it now gladly accepts Visa/Mastercard. We understand that in tough economic times it is important to have as many payment options available to our clients as possible.

If you would like to set up a free consultation with Justin Eisele please call us at 501-315-5293.

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Arkansas Code 5-65-105 provides stiff punishment for those who chose to operate a vehicle while their license is still suspended or revoked due due a DWI. If you are caught operating your vehicle while under such a suspension you face the following:

1. Automatic ten (10) days in jail, and

2. Up to a $1,000.00 fine.

If you are facing a driving on supsended charge feel free to set up a free consultation with Justin Eisele at 501-315-5293.

Tags: Arkansas DWI, Arkansas Drinking Charges

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The 2008-2009 Arkansas Legislative session produced several slight, yet impactful, amendments to previously established laws.  It is important for attorneys, as well as citizens, to remain up-to-date on any changes to the laws impacting Arkansas’s criminal system.  The following few selections highlight the most recent changes in our state’s statutes:

1. The fine limits misdemeanors and violations were increased effective July 1, 2009:
   1. Act 209 increased the fine limits for misdemeanors: Class A to $2500; Class B to $1000; and Class C to $500.
   2. Act 341 increased the maximum fine for violation of municipal ordinances from $500 to $1000 and increases continuing violations from $250 to $500.
2. Major changes to Arkansas DWI offense with regard to driver’s license suspension were also made:
   1. Act 922 reduced the time for which a restricted license is imposed for both second and third DWI offenses from three hundred sixty five (365) days to forty five (45) days, after which time an interlock device may be installed.
   2. Act 1293 increased the period of license suspension for a first time DWI from one hundred twenty (120) days to one hundred eighty (180) days.
3. Multiple new criminal offenses were enacted by the Arkansas General Assembly during this past session: 
   1. Act 33 created the offense of “Aggravated cruelty to a dog, cat, or horse.”  A person commits the offense if he or she knowingly tortures one of the abovementioned animals, and the offense is treated as a Class D felony.
   2.  Additionally, Act 33 prohibits all animal fighting in the state of Arkansas.
   3. Act 976 provides that a person who exercises control over private property shall not knowingly allow an individual, who is less than twenty-one years of age and not a family member, to consume alcohol on his or her private property.  For the property owner to be cited, they must be present at the time of the minor’s consumption, which is punishable under a Class C misdemeanor.
4. Sentencing changes were also implemented by the Arkansas General Assembly.  Act 650 increased the penalty for negligent homicide to a Class B felony, and provides that a prior conviction of negligent homicide constitutes a previous offense for the purposes of enhancing DWI sentencing.
5. Laws regarding families in Arkansas were amended as well:
   1. Act 332 encompasses strangulation under the crimes of aggravated assault and assault in the first degree.
   2. Further, aggravated assault on a family or household member was added to the list of offenses that will increase domestic battering from a Class A misdemeanor to a Class D felony for a prior conviction occurring within the past five years pursuant to Act 333.

Remember, staying updated on current legal issues can make a significant impact on the sentencing phase of a criminal case.  If you have any questions regarding these most recent Legislative updates, contact our firm at jeisele@eiselelaw.com.

Tags: Arkansas DWI, Arkansas Drinking Charges, Arkansas Felonies, Arkansas Misdemeanors, DWI

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

Tags: Misc

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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.

Tags: Arkansas Misdemeanors, Arkansas Traffic Tickets

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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”

Tags: Bail Bonds

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