Arkansas Criminal Defense Legal Questions

The first thing you need to do is retain an attorney that will then go with you to the prosecutor. The attorney can negotiate ahead of you going in regarding your safety concerns and perhaps protection if you have information that can benefit their case. Whether you are the target of the investigation or a witness ignoring the warrant is bad idea.... Read More

Yes, your P.O. can charge you with a probation violation if you do not follow your P.O.'s requests. I'd recommend you consider retaining a lawyer to help you with this matter. Speaking generally, if things deteriorate between a probationer and probation officer, the probationer may be charged with a probation violation. People charged with probation violations have basic rights, including the right to council, the right to a hearing, the right to see evidence used against them, etc. However, these hearings have a lower burden of proof than a criminal case, the rules of evidence are relaxed, and the prosecutor generally has an easier time proving their case. There is no jury option. If a probationer is convicted of failing to comply with the terms and conditions of their probation, the presiding judge will re-sentence them. For people on felony probation, this is a big issue; especially if their original guidelines were in a straddle or prison cell, meaning the judge could give a person prison time for being charged and convicted of a probation violation. Anyone looking at potentially being charged with a probation violation should strongly consider retaining a lawyer or asking the court for a lawyer at their arraignment.... Read More

As a first time offender you could be offered drug court and probation, also under Act 346, the First Time Offender statute, you can receive probation and after you successfully complete your probation have the conviction expunged. You might to ask the court for a continuance to seek private counsel.... Read More

The U.S. Supreme Court has held that police do not need a warrant to search trash left for collection outside the perimeter of the home. The reasoning is that a person does not have a reasonable expectation of privacy in property he or she has abandoned or voluntarily turned over to third parties. Most state courts, including Arkansas, where you are from, have ruled the same way. By placing your trash at the curb, or anywhere outside the boundary line of your home, you have made it accessible to the public, and it loses its Fourth Amendment protection. So long as the police did not trespass on your property to reach your trash, anything they found in it is fair game and can be used to establish probable cause for a later search warrant. However, there may be other inadequacies of the search warrant, such as a lack of probable cause even considering whatever was found in the trash; knowing or recklessly made false statements in the affidavit submitted in support of the warrant; or failing to specify or appropriately limit the items to be seized during the search. On the other hand, not every invalid search warrant will result in the suppression of evidence. Courts will consider whether an invalid warrant nonetheless was issued "in good faith," and if so, the search can be upheld. I recommend you contact an experienced criminal defense lawyer in your jurisdiction who can review the search warrant in your case, and the surrounding facts and case law, and advise you as to your prospects of a successful challenge.... Read More

Arkansas has a law that you cannot "carry a knife as a weapon." A Knife" means any bladed hand instrument that is capable of inflicting serious physical injury or death by cutting or stabbing. A "Knife" includes a dirk, sword or spear in a cane, razor, ice pick, throwing star, switchblade, and butterfly knife. However, there is a defense to the crime if you are on a "journey." Generally, if you are talking about a pocket knife you are never going to get any trouble. Other than that, the facts will dictate the case.... Read More

Federal law and the law in most states allow an individual to record a telephone or in-person conversation to which he or she is a party, without the consent of the other party. Other states require the consent of all parties to the conversation. Federal law and some state laws also make it illegal to disclose the contents of a call or communication that has been illegally intercepted. Federally, and in some states, taping is not protected if it is done for a criminal or tortious purpose. Some states allow civil lawsuits for violations. In Arkansas, where you are from, the same law applies to telephone conversations and oral communications. An audio recording of a face-to-face conversation is an oral communication. It is a misdemeanor in Arkansas to intercept, record, or possess a recording of, a telephone or oral communication unless the person recording the conversation is a party to it, or one of the other parties to the conversation has given prior consent. This restriction does not apply to law enforcement investigations. Different rules may apply or may not apply if the conversation is video-taped without your consent, such as on a camera phone. Most states treat the audio portion of a videotape under the regular wiretapping laws. In Arkansas, it is illegal to use any camera or "image recording device" to secretly videotape a person in a place that is out of public view, and in which he or she has a reasonable expectation of privacy, without the consent of the person being taped. The crime is called "video voyeurism" and it does not sound applicable to your situation. For the requirements of other states, as a general guide, I recommend the state-to-state guide at "Can We Tape" , a project of the The Reporters Committee for Freedom of the Press. Just remember to check if the law in your state has been changed or updated before relying on the listed information.... Read More

Restraining orders take several forms, including protection orders and no contact orders. They sound the same, but they are different. In many jurisdictions, criminal courts will issue a no contact order at the time the defendant is released from custody on bail. Compliance with the order is made a condition of bond. If you violate the no contact order, you are subject to arrest, and the judge may revoke or increase your bond. You may also face a possible fine or jail sentence. In Arkansas, where you are from, a no-contact order is mandatory when a defendant is charged with Stalking, Terroristic threatening, Harassment, Harassing communications, and Unauthorized computerized communications. For other crimes, a no contact order may be issued if the prosecutor or alleged victim requests one. The order is primarily designed to keep a defendant from seeking to intimidate witnesses or interfere with the orderly administration of justice. Conditions will vary from state to state, but some typical ones include: (a)    prohibiting you from approaching or communicating with the victim or witnesses, whether by in person, by phone, letter, e-mail, or text messaging. (b)    prohibiting you from going to a specific area or residence, business or other establishment. (c)    prohibiting you from possessing any dangerous weapon or using illegal drugs, and in some cases, using alcohol. The court may impose other conditions it deems reasonable and necessary in light of the specific facts of your case. When you are released on bond following an arrest, you will receive a copy of the order, with the specific terms, and the possible penalties for violating the order. Read the order carefully, and if you think a specific condition is unfair, you can ask your attorney to petition the court to modify it. Unless a modification is made by the court, you must abide all the terms and conditions for the duration of the criminal case.... Read More

A person commits what is commonly called prescription fraud if they obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or theft. It also is a crime to attempt to obtain a controlled substance by fraud or deceit, etc. The crime of attempt is considered complete when you knowingly present an altered prescription to the pharmacist. It is not necessary that the pharmacy actually provide the medication in order for you to be convicted of attempt. The state must prove that you acted knowingly or intentionally when you tendered the prescription. This can be established by circumstantial evidence, meaning by considering the circumstances surrounding your conduct. In Arkansas, where you are from, the courts have held that the necessary intent for attempted prescription fraud is established at the time you present a phony prescription to the pharmacist. The penalties for attempted prescription fraud are somewhat less than for the completed crime, but both are felonies that can result in prison sentences. Your best bet is to seek out an experienced drug defense lawyer in your area who can advise you as to the likelihood that the state will be able to prove you had the intent to commit the crime. ... Read More

No. The Sixth Amendment to the U.S. Constitution guarantees a speedy and public trial to those accused of crime. However, its protection only applies once charges have been filed. Statutes, generally called Statutes of Limitations address the boundaries of acceptable time periods between the commission of a crime and the time that charges are filed. If charges are not brought against within this time period, the case is considered time-barred and should be dismissed. Under the federal system, the Government has five years from the date of the offense to bring charges against you for manufacturing a controlled substance. For state offenses, the period varies from state to state. In Arkansas, where you are writing from, manufacturing methamphetamine is a class Y felony, which allows the state six years within which to bring charges against you. The time begins to run on the day after the offense was committed. Certain periods can be excluded from the calculations. In Arkansas, they include any time when the accused is continually absent from the state or has no reasonably fixed place of residence or work within the state. It also includes any period during which a prosecution for the same conduct is pending against you in Arkansas. The burden is on the state to prove either that the offense was committed within the applicable period or that the running of the statute has been suspended for one of these reasons. Even if the charge is brought within the applicable time period, you may be able to make an argument that the case should be dismissed for pre-indictment delay. This argument relies on your 5th Amendment right to due process of law. For example, if you could show that the prosecution waited until five years of the allotted six had passed to bring charges, and also that you were prejudiced by this delay because, for example, witnesses that would have testified for you died or became unavailable or suffered a dimmed memory of the events, or that physical evidence to support your defense was no longer available, you could ask the court to dismiss the charges. The burden would be on you to establish the prejudice. If you could do so, then the state would have to provide a satisfactory reason for the delay.... Read More

Many states have laws that provide juveniles with special protections during a custodial police interrogation. These laws vary from state to state. Some states provide that a juvenile\'s parent or guardian must be present for a Miranda advisement and any ensuing interrogation. Other states require the child be allowed to consult with his or her parent or guardian before being questioned. And some states don\'t require an adult\'s approval and judge the admissibility of the juvenile statement\'s the same way as an adult\'s statement is judged. Laws providing extra protection to juveniles are intended to ensure that during a police interrogation a juvenile is advised concerning his or her privilege against self-incrimination and right to counsel by someone whose interests are consistent with those of the child. Utah, where you are from, is not one of these states. Utah does have a law that requires an officer to notify a parent or guardian that their child has been taken into custody without unnecessary delay. However, the law has been held not to apply to police interrogations of juvenile suspects. Instead, Utah allows juveniles to make a voluntary confession, even of capital offenses, without the presence or consent of counsel or other responsible adult. The admissibility of such a confession at trial depends on a combination of factors such as age, with other circumstances, such as the child\'s intelligence, education, experience, and ability to comprehend the meaning and effect of his or her statement. The court will also consider whether the juvenile was subjected to duress, threats, promises or other coercion.... Read More

Yes, a felon can be an informant. There are basically three types of informants: those who agree to cooperate with the police in exchange for favorable treatment in their own cases; those who inform in exchange for money; and citizen-informants who inform out of a sense of civic duty. The majority of informants are those working off their own cases. When using an informant to make a drug purchase (called a controlled buy) the police often will wire the informant in advance, provide currency to make the purchase (after photocopying or writing down the serial numbers on the bills), search the informant for drugs right before the deal, transport him or her to the deal, and search the informant\'s person again right after they leave the site of the deal. This creates a record that the deal happened and that the informant is telling the truth about the amount of drugs and money involved, particularly if the seller is arrested immediately and in possession of the bills with pre-recorded serial numbers. However, the above measures are extra insurance for the police, they are not required. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. To make a drug bust, the police should have probable cause (reason to believe) that you possessed, sold, bought or used drugs, or that you attempted or conspired (agreed) to do one of those things.... Read More