QUESTION
If a Lonoke county officer pulls someone over in Pulaski county and it leads to an arrest which county would you go to court in
Asked on Mar 29th, 2016 on Criminal Law - Arkansas
More details to this question:
A Lonoke Co.officer pulled me and my husband over in Pulaski Co. He claimed the reason for the stop was my husband was "bumping the white line". He was not even behind us until we were 2 tents of a mile in Pulaski Co. because there was 3 vehicles behind us that I know was not him. All three vehicles made turns ,2 of them turned off the highway in Lonoke Co. and the third vehicle turned off after when crossed into Pulaski Co. We were more than 1/4 of a mile in Pulaski Co. when he shot up behind us and turned on his blue lights. In his report he stated he pulled us over at the county line because my husband crossed the white line which is an outright lie. We were both arrested for drugs that he said he found in our vehicle but would not show them to us. He confiscated our vehicle and then at the sheriffs dept. rite before we were allowed to bond out the officer said our charges were felony meth and mis. weed but when we got in court they were both felony charges
1 ANSWER
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Jurisdiction doesn't appear to be your biggest problem. However, you raise a valid point. The AR Constitution provides for you to be tried in the County in which the offense took place. Arguably, that could be either county. The more important question seems to be: Did the officer have authority to act as he did in Pulaski County and cause to search you and your vehicle.
Also, I don't know if "bumping the white line" gave him cause to pull yo over.
The facts you set out present several legal issues. I suggest you obtain counsel if you can afford an attorney. If you cannot afford an attorney, the Court will appoint one for you.
Answered on Apr 05th, 2016 at 10:29 AM