Criminal Law

Criminal Law

Can I smoke weed on probation?

The short answer – Yes, if you follow the proper steps. Now that Arkansas has passed a medical marijuana law and is issuing cards to those that can properly obtain prescriptions from their doctors, you can use marijuana just like any other prescribed drug you would normally take for your health and that you would normally be allowed to use…

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Criminal Law

Arkansas Open Container Laws

Can I have an open container of alcohol in my vehicle while driving in Arkansas? Up until 2017, the answer was yes. But the recently passed HB 1001 changes that. Now, it is illegal for passengers to have an open alcoholic beverage while on a highway or other public road. It is legal to have an open alcohol container if…

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Criminal Law

When can police stop my car?

This is a question we are asked all the time.  When can the police stop my car? The answer is: when the police have reasonable suspicion they may stop your vehicle. What is Reasonable Suspicion? Under Terry v. Ohio, an officer may only stop a vehicle if that officer has “reasonable suspicion” that the driver has committed, or is about…

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Criminal Law

What to Do If You’re Facing a Probation Revocation

Under Arkansas law, you can be sentenced to probation to avoid going to jail. If you are on probation, you want to make sure that you do everything you can to avoid a probation revocation. As you probably know, your probation can be revoked for many reasons, including failing drug tests, missing appointments with your probation officer, failure to complete treatment…

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Criminal Law

How much does a criminal lawyer cost?

How much does a criminal lawyer cost in Arkansas? Of all the questions lawyers are asked, the only question we get every time is “how much does a lawyer cost?” Traditionally, lawyers do not have flat-rate, across the board pricing, and many things will dictate the final price of a case.  While this is fine for the lawyer, this is…

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Criminal Law

What is a DRE Officer?

A DRE is a Drug Recognition Evaluation trained law enforcement officer. This officer has been through specific training to detect signs of intoxication for DWI Drug offenses. The DRE officer follows a DRE manual which defines a drug as follows: “any substance, which, when taken into the human body, can impair the ability of the person to operate a vehicle…

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Criminal Law

One Leg Stand

The “one leg stand” is the third and final Standardized Field Sobriety Test a police officer will use on a person they have stopped for suspicion of driving while intoxicated in Arkansas. The one leg stand is broken into two parts. First is the Instruction stage. Second is the Balance and counting stage.  In the Instruction stage the person is…

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Criminal Law

What does it mean to get your criminal record “sealed?”

Having your criminal record “sealed” (or “expunged”) is the process of having your criminal record made confidential.  If your record is sealed, the documents will be hidden from public view, but will not actually be destroyed, unless the convictions occurred while you were a minor. However, once you get a conviction sealed, you can legally pretend like it never happened. …

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Criminal Law

Field Sobriety Test: Walk and Turn

The second most performed field sobriety test in a DWI investigation is the Walk and Turn.  To fully understand this field sobriety test, you must become familiar with the phases and scoring of the test.  After you are acquainted with proper administration, you can then point to the issues which may arise during the test. Instructions for the walk and…

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Criminal Law

HGN Test: What You Need to Know

Many people are somewhat familiar with some of the tests that are given by police officers when they are investigating a possible DWI. The first test which comes to mind for people when they think about DWI testing is the eye test, or the Horizontal Gaze Nystagmus test. To understand the HGN test, you will first need to know what…

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