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Criminal Law

Arkansas Criminal Defense Blog

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

Post Frequency: 0.5/day

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

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...

Reckless Driving Charges in Arkansas

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...

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Arkansas Code Search

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...

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