I AM STOPPED OR INVESTIGATED BY POLICE REGARDING INVOLVEMENT IN A CRIME, WHAT SHOULD I DO?

If the police suspect you of a crime, you need to remember that they are not your friends! They may act friendly. They may say they only want to hear your side of the story. They may say things will go better for you if you talk. They may say someone else ratted on you and that you will get in more trouble if you do not talk. Do not believe them! They are only trying to get information to use against you in court. Regardless of what police tell you, if you are suspected of a crime, talking to them will almost always hurt you. The biggest mistake you can make is thinking you are going to talk your way out of trouble with the police. If you talk to police you are probably digging your own grave! Never do it!If you are suspected of a crime, these are the rules:1. Never - absolutely never - give up your right to remain silent! Remember: Police are allowed to lie to you, but if you lie to them it will be used against you in court! Police are trained in interrogation. They will often lie and claim to have evidence against you when they do not or say someone else said you committed a crime when no one did. Police use all sorts of mind games to trick you into incriminating yourself and they are better at these games than you are. So do not play with them! Keep your mouth shut!2. If you are questioned by police about involvement in a crime, say: I refuse to answer any questions and I demand an attorney now! You may have to say this more than once before they stop harassing you, but as long as you are being questioned, pretend to be a robot. The only thing the robot can do is say: I refuse to answer any questions and I demand an attorney now! Over and over. No matter what they ask you, no matter how they threaten you, keep saying that and say nothing else! Regardless of whether you are guilty as sin or totally innocent, do not talk! You may not be looking for trouble, but the police often are. By talking you make it easier for them to find it. Do not talk!3. Never consent to a search of your car, house, apartment or anything else! Granting permission to search only makes it easier for the police to make a case against you. If they ask for permission to search, politely say no. They may say that if you do not give permission they will get a search warrant, a drug sniffing dog, or whatever. Tell them to go ahead. Giving permission for a search can only hurt you. Do not do it!4. If police ask you to go to the station to answer questions about a crime where you are a suspect, do not go! Do not answer any questions over the telephone and do not agree to take a polygraph or lie detector test either.5. If you are arrested, go along peacefully. Do not run. Do not fight. Do not talk back to the officers. Just go quietly and keep your mouth shut. While in jail, do not talk about your case with your cellmates, guards, family or anyone else, except your defense attorney.6. Do not spend more money on your bail bondsman than on your lawyer. A bail bondsman will only give you temporary freedom until your trial. Depending on the circumstances, a lawyer may be able to get you permanent freedom.

I AM THINKING ABOUT HIRING A CRIMINAL DEFENSE ATTORNEY. WHAT SHOULD I KNOW?

Choosing the right criminal defense attorney is an extremely important decision. Not all defense attorneys are the same. Almost every attorney has his or her unique way of handling cases. In addition, the retainers, or initial payments, quoted by attorneys for high level or complicated felony cases will appear to many clients to be incredibly high, often as much as an expensive new car or even a home. This is due to the fact that such cases require huge amounts of work and every ethical attorney feels a strong obligation to do the very best work he can, because his client's reputation and his ability to walk the streets as a free man are at stake.You should also know that no attorney worth his salt can guarantee a client a good result. There is no way of accurately predicting what a court or a jury will do, and you should be very wary of any attorney who promises you good results in exchange for a high fee. There is simply very little certainty in the legal profession. In addition, the substantial majority of people charged with crimes end up being convicted of something, regardless of who represents them, regardless of how much money they spend, and regardless of how hard they fight. In many cases, all an attorney can do is damage control. That is, minimizing the client's punishment. Another fact to consider is that many criminal defense attorneys rarely - sometimes even never - take cases to trial. After receiving their fees, they simply pocket the money, talk their clients into pleading guilty, and try to find new clients so they can collect more fees. Because they rarely go to trial, these attorneys do not have the respect of prosecutors and rarely get good outcomes for their clients. Attorneys who commonly take cases to trial, on the other hand, can often get prosecutors to drastically reduce charges and sometimes even dismiss them entirely. Trials are very expensive and time consuming for the prosecution and a prosecutor who loses many trials may soon lose their job as well. A criminal defense attorney not afraid to take cases to trial can exploit a prosecutor's reluctance to take a case before a jury and get better results for his clients.You should also be aware that virtually all defense attorneys require substantial money up front. This is because attorneys quickly learn that if they do not get paid up front, they usually do not get paid at all, and especially in criminal cases. Attorneys who do not get paid at the beginning are often left with nothing for the work they have done and are sometimes even forced by the courts to continue working on their client's case for nothing. Like in other areas of life, payment must be received before service is rendered. So if you are seeking to retain a defense attorney, be prepared to pay a substantial amount of money before he or she will begin working on the case.

CAN I AFFORD YOUR SERVICES?

I AM STOPPED FOR SUSPICION OF DRIVING WHILE INTOXICATED. SHOULD I CONSENT TO TAKE A BLOOD ALCOHOL TEST?

It depends. Under Arkansas law if you have a drivers license or drive on roads within the state you are deemed to have consented to take a blood alcohol test. Refusal to take the test is a crime all by itself, called Violation of Implied Consent. You can be convicted of and punished for this crime even if you are found not guilty of Driving While Intoxicated. Whether it is in your best interests to refuse to take a blood alcohol test depends upon the circumstances. If you know you are completely sober, by all means take the test. There is no reason to be punished for a crime if you can avoid it. On the other hand, if the police have sufficient evidence to convict you of driving while intoxicated even without a blood alcohol test, it also makes no sense to refuse. After all, why be convicted of both Violation of Implied Consent and Driving While Intoxicated, when you can get off with only Driving While Intoxicated? To phrase it another way, if they have a dash camera video from the police car or some other good evidence that you are falling down drunk, you are probably going to be convicted regardless of whether you take a blood alcohol test or not. In that situation take the test and avoid the needless conviction for Violation of Implied Consent. If, however, you think you might be over the legal limit, which in Arkansas is generally 0.08%, but you look and act sober, you might be able to beat a DWI by refusing to take the test. Of course, you will still be convicted of Violation of Implied Consent, but this is a much less serious charge. You also need to understand that police do not have to prove your blood alcohol content was above the legal limit to get a DWI conviction. All they have to do is prove you are impaired by alcohol, or any other drug, to such an extent that you cannot safely operate a motor vehicle. One way of proving this is by producing a blood alcohol test with results over 0.08%. Another way is by producing any other evidence, even only the arresting officers testimony, that you appeared intoxicated.

WHAT IS THE DIFFERENCE BETWEEN A FELONY AND A MISDEMEANOR? WHAT ARE LOW LEVEL FELONIES AS OPPOSED TO HIGH LEVEL FELONIES?

A misdemeanor is a crime punishable by up to one year imprisonment and fines of up to $2,500.00. A felony is a crime punishable by over one year imprisonment. As a general rule, a person convicted of a misdemeanor serves his time in the county jail and a person convicted of a felony goes to state prison. Arkansas has six classifications of felonies, according to seriousness. They are as follows:

•Class D Felony: 0 to 6 years imprisonment;
and fines up to $10,000.00

•Class C Felony: 3 to 10 years imprisonment;
and fines up to $10,000.00

•Class B Felony: 5 to 20 years imprisonment;
and fines up to $15,000.00

•Class A Felony: 6 to 30 years imprisonment;
and fines up to $15,000.00

•Class Y Felony: 10 to 40 years to life-imprisonment;
and fines up to $25,000.00

•Capital Murder:
Life-imprisonment without possibility of parole or the death penalty

DO YOU REPRESENT PEOPLE CHARGED WITH FELONIES?

Yes, we represent clients charged with felonies and misdemeanors, including DWI/DUI, burglary, homicide, drug crimes, sex crimes, and violent offenses, just to name a few.WHAT ARE YOUR FEES?This is a difficult question to answer, because every case is different. You should, however, be advised that if you are bargain shopping for a lawyer, look elsewhere and remember that you will most likely get what you pay for. What follows are a few basics. Criminal ChargesGenerally, our minimum fee for low level felonies is $2,500.00 to $3,500.00. High level felonies will cost substantially more. We generally charge a minimum of about $750.00 for misdemeanor cases, such as Driving While Intoxicated, misdemeanor possession of marijuana, shoplifting charges, misdemeanor battery, etc.Family Law CasesAs a rule, our minimum fee for an uncontested divorce is $600.00 plus out of pocket costs. These are costs that do not go to us but are paid directly to third-parties. In divorce actions, out of pocket costs include a $165.00 filing fee paid to the court as well as (generally) a $50.00 to $75.00 process fee to serve papers on the opposing party. If the opposing party agrees to a settlement regarding child custody, child support, division of marital property, marital debt and other relevant matters, frequently no additional costs will be incurred.If the opposing party hires an attorney of their own and decides to contest the divorce on one or more of these matters, the costs may go up substantially depending upon what is at stake and how hard they fight. Cases regarding changing child custody normally require a minimum of a $2,000.00 retainer plus out of pocket costs. In a change of custody case where child custody has already been awarded to one party, out of pocket costs include a $50.00 fee to the court to reopen the case and (usually) a $50.00 to $75.00 process fee to serve papers on the opposing party. If a case is billed by the hour, our normal rate is $150.00 an hour.

I THINK I MIGHT BE IN DANGER OF PHYSICAL VIOLENCE FROM A CURRENT OR FORMER BOYFRIEND OR GIRLFRIEND, CURRENT OR FORMER SPOUSE, OR A FAMILY MEMBER; HOW CAN I GET A PROTECTION ORDER?

Protection orders can be obtained through your county circuit courts prosecuting attorneys office. Do not go to the police, the city prosecutors office, or to the city or district court. Only the county circuit court prosecutors office can help you here. Orders of protection are available only against family members, someone with whom you have had or are currently having a romantic relationship, or someone with whom you have a child. To get a protection order you need to prove that the opposing party poses a physical danger to you, to your property, or to your children. The mere fact that the opposing party may call you at all hours of the day, drive by your residence, show up at your job, leave notes on your car, constantly send you text messages, and so forth are generally not enough to justify an order of protection though they may subject the person to criminal harassment or other charges.An order of protection requires credible evidence of physical danger. If you believe you have such evidence, go to the county circuit court. They will have you to write out an affidavit that is, a sworn statement about what the opposing party did to justify the order. Be certain everything in your affidavit is true. Lying may subject you to criminal charges. After you complete the affidavit, a judge will issue a temporary order of protection, which lasts for 30 days and takes effect as soon as a copy is served upon the opposing party by a sheriffs deputy. Within the 30 days the judge will schedule a short hearing to determine whether there exists probable cause to continue the order. Be sure to show up and testify as to any reasons why you believe the opposing party poses a danger to you. You may have witnesses testify on your behalf. You may also be represented by an attorney if you wish. The opposing party can also testify, present witnesses, and have their own attorney as well.If the judge determines there is probable cause to continue the order, it will remain in effect for a minimum of 90 additional days and up to a maximum of 10 years. While the order is in effect, the opposing party is not allowed to go by your residence, your workplace, or contact you in any way. In addition, what they cannot do themselves, they cannot have others do for them. They cannot give you messages through third parties. They are also prohibited from owning or possessing any firearms. Violations of the order are Class A Misdemeanors, carrying up to one year in county jail and up to a $1,000.00 fine.You should also understand that the order goes both ways. While it is in effect, you are prohibited from contacting the opposing party just as they are prohibited from contacting you.

I AM THINKING ABOUT GETTING A DIVORCE, WHAT WILL HAPPEN TO THE PROPERTY AND DEBT I HAVE WITH MY SPOUSE?

In Arkansas marital property is generally subject to a 50/50 division. Marital property means with some important exceptions*any property acquired during a marriage. Property owned before marriage is non marital property and goes back to the party who originally owned it, but property acquired during the marriage is divided equally. This rule applies regardless of whose name the property is in and regardless of who paid for the property.Arkansas courts have ruled that the law providing for equal division of marital property equally does not apply to marital debt. So technically courts can divide marital debt however they want, but in most cases they do so equally, unless it can be shown the debt was incurred only by one party and/or did not confer a benefit upon the marriage. Examples might be a husband who takes out a loan to buy a fishing boat only he uses or a wife who runs up credit card debt solely to pay for romantic rendezvous with other men.Also understand that courts are not required to divide marital property equally. Rather equal division is a legal presumption, meaning that courts normally follow the 50/50 rule but can divide property in some other way if they find that equal division would be unfair in a given case. Nonetheless, equal division is followed in almost all cases. In addition, marital misconduct, such as mistreating ones spouse, having extramarital affairs, etc. has no bearing on division of marital property.One, but not the only, such exception is that placing a house owned before marriage in the name of both parties normally makes the house marital property subject and to equal division upon divorce.

WHAT ARE ARKANSAS MARIJUANA LAWS LIKE?

In a word: dreadful! At a time when many states have decriminalized marijuana and some jurisdictions are flirting with outright legalization, even small amounts of marijuana can land you in extremely serious trouble in Arkansas.If you have no prior drug convictions and are caught with less than one ounce of marijuana, you will probably be charged with a Class A Misdemeanor. Technically this could land you in county jail for up to one year and result in a fine of up to $2,500.00, but most first time pot offenders with under an ounce are let off with a few hundred dollars in fines and other costs, an order to attend a drug treatment program, and perhaps community service. Some Arkansas courts, however, demand jail time even for first time small amount offenders. It largely depends on the judge.First time offenders caught with more than one ounce will face felony charges for Possession of a Controlled Substance with Intent to Deliver, which carries a punishment of 3 to 10 years imprisonment and fines up to $10,000.00. Even if you are not a drug dealer and have the marijuana solely for personal use, Arkansas law allows prosecutors to charge you with felony intent to deliver if you have over an ounce in your possession. In addition, if you are unfortunate enough to have scales, a significant amount of cash, sandwich baggies, a pot pipe, a bong, or anything else that the police think might be drug related with you at the time your situation is much worse and you will probably find yourself facing an additional felony carrying the same level of punishment!Things also get really ugly for marijuana users who have any previous criminal drug history, regardless of whether the prior crimes are for marijuana or for some other controlled substance. Under Arkansas law, Second Offense Possession of Marijuana is an automatic felony, carrying up to 6 years imprisonment and fines up to $10,000.00! This means if you have even one prior drug offense from 25 years ago and are caught with any usable amount of marijuana (even a half-smoked roach in your ashtray!) you will be charged with a felony. A person unfortunate enough to be convicted of or plead guilty to this crime is marked for life as a felon, looses their right to vote, looses their right to own or possess firearms, and is forever barred from many fields of employment.Incidentally, a single enlightened aspect of Arkansas drug laws is that a person cannot be prosecuted unless they possess a usable amount of controlled substance. Exactly what counts as a usable amount has never been made completely clear by the courts. But, by way of example, one-tenth of a gram of marijuana shake in a baggie will more than likely be held insufficient to support a conviction.For my part, I am a member of the National Organization for the Reform of Marijuana Laws (NORML) and am working to change Arkansas irrational and immoral pot policies. These laws waste huge amounts of taxpayers money in enforcement and ruin the lives of countless decent and otherwise law abiding citizens, whose only crime is using a substance substantially less harmful than alcohol. Hopefully someday things will change, but until that day gets here everyone should keep their eyes open and be warned that Arkansas pot laws suck!

I AM GETTING DIVORCED, WHAT ARE THE CHANCES OF BEING AWARDED OR ORDERED TO PAY ALIMONY IN ARKANSAS?

While alimony is available in Arkansas, it is seldom awarded. The purpose of alimony is to ensure both parties are provided for and that neither becomes a ward of the state. Courts prefer to ensure both parties are provided for by division of marital property. In some cases, however, alimony will be awarded. Alimony is based on a needs and abilities standard. That is, a court will base its decision to award alimony on the needs of the receiving spouse and the abilities of the paying spouse.Alimony can be either temporary or permanent, but temporary alimony is far more common. In addition, under Arkansas law marital fault has no bearing on alimony. A common misconception is that alimony is awarded to punish one of the parties for mistreating the other party, for having extra marital affairs, and so forth. This is not the law in Arkansas.

HOW DOES A COURT DETERMINE CHILD CUSTODY?

Courts determine child custody based solely on the best interests of the child. The interests of the parents are not considered here. The best interests of a child are calculated by looking at the totality of circumstances. That is, by examining every good and bad aspect of placing a child with each of the parties and weighing each against the other.There is no easy formula for making this decision, but courts look at each parent in terms of such traits as moral fitness, compassion, character, sobriety, the attitude of a newly acquired romantic partner toward the child, emotional stability, work stability, which parent lives closest to a good school, health, a parents attitude towards the child's education, the parent's home situation, whether the child will have his own room, child care arrangements, religious education, and many others.One thing a parent wanting to win custody of their child should consider is drug and alcohol use. There is nothing wrong with having a little wine over dinner or a beer or two while watching a football game, but no judge wants to put a child with a parent who abuses drugs or alcohol. So important is this principle that if a court orders both parties in a divorce to take a drug test, which often happens, and one party tests positive, the guilty party will almost certainly lose any change of winning custody on this basis alone!Moreover, courts do not approve of parents who cohabit with members of the opposite sex outside of marriage while the child is present. In fact, courts do not like parents who get new boyfriends or girlfriends after separation but before divorce. In a courts eyes, such behavior amounts to telling the child that marriage does not mean anything. In short, if you want to win custody in court, stay clean and sober, do not have a new partner before divorce, and if you absolutely must have one definitely do not let that person spend the night in the childs presence.A parent wanting to win custody should also do everything they can to show the court they care about and are involved in their childs life. This includes going to parent/teacher conferences at your childs school, contacting his teacher if your child gets a bad grade, helping your child with his homework, getting your child involved in extracurricular activities such as boy scouts, girl scouts, band, little league, and so forth.Courts also dislike granting custody to parents who use physical punishment. This is not to say all spanking is child abuse, but other things being equal a parent who wants to win custody should never hit their child. Some people believe courts almost always pick the mother when parents fight over custody, and they usually do. Nonetheless, every case is different and there are many situations where a court will rightly prefer the father.This very brief discussion does not even scratch the surface of the many factors courts consider in making custody determinations and is intended only to provide the briefest overview of this area of the law. Anyone facing a divorce and wanting to fight for child custody should consult an experienced family practice attorney.

I HAVE BEEN CHARGED WITH DOMESTIC BATTERING, WHAT DO I NEED TO KNOW?

Most Arkansas domestic violence cases are charged as Domestic Battering in the Third-Degree. Generally this means you are accused of purposely or recklessly causing injury to a household member, including a current or former girlfriend or boyfriend (even if you do not now - and never have - lived together). Domestic Battering in the Third-Degree is a Class A Misdemeanor, meaning it is punishable by up to one year imprisonment and fines up to $2,500.00. However, misdemeanor domestic battering is more serious than most other misdemeanors. First, a person who is convicted of or who pleads guilty to this offense looses his or her right to own firearms. Second, domestic battering records cannot be sealed and remain public records forever. Third, if you have a second domestic battering conviction within a five year period or a third conviction within a ten year period, the later conviction is an automatic Class D Felony, punishable by up to 6 years imprisonment and fines up to $10,000.00.