Arkansas Criminal Defense Blog: Criminal Law

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Arkansas Criminal Defense Blog

General information, commentary on criminal defense stories, Arkansas-specific posts.
By Justin Eisele

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Last Entry: February 15, 2010 at 13:25:40

Drug Courts in Arkansas

Posted on February 15, 2010
The costs of incarceration are skyrocketing. The Pew Society recently found that 1 in 100 adults are behind bars (for an overview of their study click HERE). States are now looking to alternatives to incarceration. Drug Courts have become a legitimate option to help rehabilitate persons without the costs of incarceration...

Arkansas Department of Corrections Boot Camp

Posted on February 15, 2010
The Arkansas Department of Correction has a boot camp program for persons who meet certain requirements. These requirements include (but not limited to): First time offenders Non-violent criminal Sentence must be less than ten (10) years The boot camp program generally lasts from ninety (90) to one hundred twenty (120) days...

Endangering the Welfare of a Minor Charges in Arkansas

Posted on January 23, 2010
The offense of Endangering the Welfare of a Minor in Arkansas is punishable at three levels. Arkansas Code งง 5-27-205 to 207 cover these offenses. Anyone charged with these offenses should consult with an attorney and read the statutes thoroughly. The highlights of the different statutes are below: Endangering the Welfare of a Minor in the [...

DWI Roadblocks / Safety Checkpoints in Arkansas

Posted on December 30, 2009
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 [...

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Terroristic Threatening in Arkansas

Posted on December 24, 2009
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...

Arkansas Forgery Charges

Posted on December 10, 2009
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...

Fraud to Obtain Drugs in Arkansas 5-64-403

Posted on December 05, 2009
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...

Arkansas Shoplifting- It can happen to anyone

Posted on December 01, 2009
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...

Thank you to our website designer www.strazi.org

Posted on November 26, 2009
Dear Readers, We get many many comments on how great our website and blogs looks. If you would like to retain our website designer he can be reached through his website at (Kevin Kennedy) www.strazi.org . Kevin is a talented website designer and is a great artist...

Cannot Defer Sentences In Arkansas for CDL Traffic Tickets

Posted on November 22, 2009
In Arkansas, other than for parking violations, persons holding an Arkansas CDL license cannot take advantage of many of the alternative disposition avenues available for other similiarly situated person who do not hold an Arkansas CDL license. The Arkansas Code section dealing with this topic is A...

Criminal Prosecution in Arkansas for State Tax Code Violations

Posted on November 18, 2009
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...

Arkansas Game and Fish Tickets (Violations)

Posted on November 18, 2009
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...

Find us now on Facebook!

Posted on November 18, 2009
Eisele & Huffman, P.A., now has a presence on Facebook. Click below: Justin Eisele is a fan of Eisele & Huffman, P.A. Attorneys at Law Create your Fan Badge

Justin Eisele has now joined with Eisele & Huffman, P.A.

Posted on November 18, 2009
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.

Eisele Law Firm, P.A. now gladly accepts Visa/Mastercard

Posted on July 29, 2009
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 [...

Driving on Licensed Suspended for DWI in Arkansas

Posted on July 21, 2009
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...

2009 Arkansas Criminal Law Changes

Posted on July 14, 2009
2009 Legislative Update – Exciting Stuff 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...

Check out our new advertisement on Arktimes.com

Posted on February 06, 2009
We put up a new advertisement on arktimes.com. See ad below.

Out of State or Out of Town Ticket?

Posted on February 05, 2009
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 [...

Out of State or Out of Town Ticket?

Posted on February 04, 2009
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 [...

Justin Eisele has article published: ?Bond Hearings in Arkansas: Seeing the Light of Day Before Trial?

Posted on January 12, 2009
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”

Probation Revocation in Arkansas

Posted on November 06, 2008
Many first time offenders in Arkansas are sentenced to probation for their criminal offenses. Most of the time, when a person is placed on probation, they are given a set of conditions of their probation. Most of these conditions are fairly simple. These terms usually include: do not break the law, do not use drugs, [...

Complete Website and Blog Redesign

Posted on November 04, 2008
Dear Readers, Please note our recent website and blog redesign. We would love to see your comments. Sincerely, Justin Eisele

Arkansas Juvenile Law Process/Arkansas Juvenile Delinquency

Posted on August 13, 2008
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...

Arkansas Minor in Possession (MIP)

Posted on August 02, 2008
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...

Reckless Driving Charges in Arkansas

Posted on July 30, 2008
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...

Arkansas Code Search

Posted on July 26, 2008
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 note guaranteed...

What is a Miranda Warning?

Posted on July 13, 2008
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...

Interlock-Devices for DWI in Arkansas

Posted on July 12, 2008
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 [...

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

Posted on July 12, 2008
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...

Unlawful dog fighting in Arkansas

Posted on June 24, 2008
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 [...

Arkansas Animal Cruelty Law and Punishment

Posted on June 24, 2008
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...

Arkansas Order of Protection Consequences

Posted on May 31, 2008
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...

DWI for those With Arkansas Commercial Vehicle License

Posted on May 22, 2008
In Arkansas, there are enhanced driver’s license suspensions for those who operate a vehicle with a commercial vehicle license either while intoxicated, or, are those that are thought to be operating a vehicle while intoxicated and refuse to submit to a chemical test...

Prostitution and Soliciting Prostitution in Arkansas

Posted on April 26, 2008
Obviously the topic prostitution is not one you generally bring up at the dinner table. Someone arrested for prostitution or soliciting prostitution can be subject to shame, unfavorable media attention, and possibly a terribly embarrassing criminal conviction on their record...

DWI vs. DUI in Arkansas

Posted on April 21, 2008
In Arkansas there are a few main differences between a DWI charge and a DUI charge. Here is the simplest way to keep them apart: If you are over 21, you cannot be guilty of a DUI. However, if you have had quite a lot of drink, you can be guilty of DWI and be UNDER 21...

Arkansas Alcohol Testing Regulations

Posted on April 20, 2008
The Arkansas Department of Health, through the directive of the Arkansas Legislature, promulgates rules and regulation for alcohol testing. (Arkansas Code Annotated 5-65-201) To put it plainly: The elected folk, in order to add legitimacy to the testing of blood, breathe, and urine, for the purpose of detecting levels of alcohol, have made a list of [...

Disorderly Conduct in Arkansas

Posted on April 12, 2008
Disorderly Conduct is a criminal charge in Arkansas that has probably one of the broadest scopes of any in Arkansas. To be guilty of Disorderly Conduct you must, with the purpose to cause public inconvenience, annoyance, or alarm or recklessly creating a risk of public inconvenience, annoyance, or alarm, do one of the following: (1) Engages in [...

Drinking in Public / Public Intox (ication) Arkansas

Posted on April 12, 2008
There are many people in Arkansas, who are not even true “criminals”, who have experienced, or know those who have experienced, either a “drinking in public” charge or a “public intoxication” charge. Both of these offenses are located in the Arkansas Code at 5-71-212...

Driving on a Suspended License due to DWI

Posted on April 08, 2008
There are many bad decisions to make in life. One of those bad decisions is to drive during your license suspension period for a DWI in the great state of Arkansas. Under Arkansas Code 5-65-105, if you make the above bad decision, the following will be your sentence: 1...

New Feature: ?True Stories?Slightly Embellished?

Posted on April 03, 2008
From now on, from time to time, I will be posting graphic artistry of my creation. I would like to be clear: “Nothing contained should be construed as advocating engagning in criminal activity. However, it is obvious, by the nature of my work, that I have certain memorable experiences...

Prison Terms for Felonies in Arkansas (there is hope!)

Posted on March 27, 2008
In Arkansas there are various classifications of felonies. Here is the prison sentence range for each (found at Arkansas Code 5-4-401: (1) For a Class Y felony, the sentence shall be not less than ten (10) years and not more than forty (40) years, or life; (2) For a Class A felony, the sentence shall be not less [...

Possession of Marijuana in Arkansas (Beware of Felony!)

Posted on March 24, 2008
Many people are not aware of the punishment for possession of Marijuana in Arkansas. You can think of the punishment in two general classes: 1. Simple Possession- Simple possession could plainly be described as possessing marijuana without the intent to deliver...

Arkansas Criminal Defense Blog receives high praise

Posted on March 16, 2008
The Arkansas Young Lawyers Section, in a general overview of blogging, and more specifically of Arkansas Blogs, had the following to say about our blog: “….is written in a very accessible style. In recent posts, for example, Mr. Eisele has described the bail bond system in Arkansas, and given an overview of asset forfeiture...

Free Consultation

Posted on February 11, 2008
When someone is first charged with a crime, a thought rings through their mind: Should I hire a lawyer for this? The answer is: you should always talk to a lawyer. The reason? Free Consultations. Most criminal defense attorneys in Arkansas offer free consultations...

?They took my car, and my money!? (Asset Forfeiture)(Arkansas)

Posted on February 08, 2008
Most persons realize that there are crimes for possessing and selling controlled substances. However, not everyone is aware that it is quite easy for the State of Arkansas to take all kinds of things from you if you are found in possession of a controlled substance...

Bail Bond in Arkansas

Posted on January 18, 2008
Generally the first experience an arrested person has with the court system in Arkansas is his first appearance for a hearing on bond. Hiring an attorney to represent you at a bond hearing could represent the difference between sitting in jail pending a court date, or being released pending your court date...

Arkansas Failure to Appear- Punishment

Posted on November 13, 2007
In Arkansas, the crime of Failure to Appear (”FTA”) involves an accused person being told to go to court and then that accused person not showing up on their court date. See Generally A.C.A. 5-54-120. The level of punishment for FTA in Arkansas varies depending on the seriousness of the crime you were originally charged with: Felonies- [...

Arkansas DWI- 7 Days to Challenge Driver?s License Suspension

Posted on November 13, 2007
In Arkansas, upon arrest for Driving While Intoxicated, law enforcement is required to seize your license and issue you a temporary permit to drive. See A.C.A. 5-65-403 generally. However, this permit is only good for 30 days. You MUST request a hearing within 7 calendar days of recieving this permit to challenge your suspension...

Hearsay, Coercion, Government Secrets??.make em an Enemy Combatant

Posted on October 31, 2007
There is a story this morning on the unique enemy combatant case of Ali Al-Marri. (posted here. you will need windows media player or real audio). Ali Al-Marri is a unique enemy combatant case in that Mr. All-Marri was picked up in the United States, not in the battlefield...

Suspension of License in Arkansas- Failure to Appear (Missin? Court)

Posted on October 24, 2007
In Arkansas failure to appear in District Court can result in a driver’s license suspension. Three things will result from “missin court”. The prosecutor pursuing the charge of Failure to Appear against you. See A.C.A. 5-54-120. You will have your license suspended until you appear in court and complete your sentence...

Fines and Costs for Misdemeanors in Arkansas

Posted on October 24, 2007
Many people are curious about what the fines and costs are for misdemeanors in Arkansas. The fines and costs are as follows*: Class C Misdemeanors- Fine not exceeding $100, and up to 30 days in jail. Class B Misdemeanors- Fine not exceeding $500, and up to 90 days in jail...

Criminal Legal Term of the Week

Posted on October 22, 2007
I am sure most people have seen movies involving police detectives where the detective shows up to a crime scene, and when the detective notices a similar pattern from a previous crime scene he will say something to the effect of: “Hey Johnny, this seems to part of this guy’s MO...

Criminal Prosecution for Failure to Pay Child Suppport in Arkansas

Posted on October 17, 2007
It is important to know that persons who fall far behind on paying child support in Arkansas are subject to prosecution and prison time. Arkansas Code 5-26-401-et seq. deals with the criminal prosecution of child support. Criminal punishment can range from a class A misdemeanor and up to 1 year in jail, up to a [...

Criminal Legal Term of the Week

Posted on October 14, 2007
Actus Reus is the criminal legal term of the week. Last week we discussed “mens rea” which is the mental state required for any given criminal act. Actus Reus is the act that is done. When a prosecutor is proving his case he has to not only prove what the criminal’s mental state was, but also [...

Traffic Tickets in Arkansas

Posted on October 11, 2007
Many people passing through a state or a foreign county will just write a check and send their traffic ticket in to avoid going to court. However, some people do not realize the possible effects of getting a traffic ticket. These effects can be: Increased insurance rates Eventual driver’s license suspension or revocation Admission of guilt by paying [...

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