You need to get an attorney immediately. This situation needs to be brought to the attention of the Judge who issued the warrant for your husband's arrest or any Judge siting in the jurisdiction.

Of course, he should have been before a judge already. An accused is denied Due Process... View More

A suspended imposition of sentence (SIS) judgment does not, by itself, affect your 4th Amendment and Arkansas Constitutional Rights. However, this judgment of conviction is often accompanied by a waiver of rights by the defendant that may be made a condition of the SIS sentence. The same is true of... View More

If you were charged with possession it is based upon the legal notion of joint possession. Often prosecutors will charge a passenger or cotenant with knowingly possessing contraband when they are in a reasonable proximity to the substance even if it belongs to another person. The truth is that... View More

Yes. Uttering (taking a forged check to the bank or otherwise presenting it for payment or something of value) is an element of the offense.

If one did not know that the check was forged they might lack the mens rea (state of mind or requisite intent) to commit the offense.

Your... View More

The attorney-client relationship is between your friend and his lawyer regardless of who pays lawyer's fees. If he wishes to terminate that relationship, he can do so. The Court may not let attorney off the case given the time that has passed since the case was filed. However, if he hires... View More

One thousand (1,000) feet

It is an enhancement to a distribution offense.

You may get that arrest and charged sealed or excluded from your public record through what we once called an expungement. It does require you to file a motion in the court in which you were charged and obtain a court order.

Yes, once charged the matter is in the hands of the State. However, no prosecutor wants a key witness available to the defendant to be hostile towards the State's case. Your husband needs an experienced attorney. If he cannot afford an attorney and meets certain criteria, the court will... View More

The prosecutor can, with leave of the Court, amend charges at any time prior to a case being submitted to a jury. Of course the defendant can object and the court will hear that objection. The decision to allow amendment is within the court's discretion.

This is called vicarious responsibility. Not a favorite of the law. However, legislators who make our laws want to be seen as tough on crime. The notion is that a person in the position of your boyfriend is responsible for the conduct of of all actors engaged in a criminal undertaking. It sounds... View More

First, you should be aware that the the Protect Arkansas Act does not apply to offenders for crimes committed before January 1, 2025.

Following that date, a defendant convicted of 2nd degree murder will serve 85% of his or her time before becoming eligible for release. That is, upon... View More

He may be sentenced to any term of years or months that he was subject to at the time he commited the underlying offense. That is not to say he will be sentenced to the maximum or be sentenced to jail. His probation may be reinstated. The basis for his revocation is very significant with regard to... View More

You should not go without a criminal defense attorney representing you. Even then, your attorney may advise you against talking to a prosecuter. One of the most important rights that you have per the State and United States Constitution is the right to remain silent. Many people make the mistake of... View More

The persons that failed to appear remain subject to prosecution. Jeapordy did not attach to those individuals since they did not appear to defend themselves. There may be reasons that the failure to disclose "Brady" material in the case of accused number one will impact the prosecution of... View More

If the Court issues a warrant for the arrest of an accused for failure to appear, the accused may be considered a fugitive. That is, the active warrant subjects the person named in the warrant to arrest and detention. The term "fugitive" is sometimes used to invoke jurisdiction of law... View More

No. The offense is the theft of the property. Possession of stolen property may be evidence of theft or a separate crime. The taking and the possession are two distinct acts.

It is clearly possible based upon your statement. Citizens are often shocked when they are affected by the powers of the police and prosecutors. Remember when you vote that the prosecutor has the discretion and makes the decision to charge a person with a crime.

Many potentially... View More

This is the type of thing that courts have routinely found to be good faith errors and thus not prejudicial or subject to exclusionary rules based, in part, upon the rationale of US v. Leon. Each case though, is fact specific. There may be additional facts in your situation that might prove... View More

You can, and probably should, report the incident to the police and your local prosecuting attorney. The prosecutor has the discretion and duty to determine if the offending persons will be charged with violating the law based upon the facts that you provide along with any facts the police gather... View More

You mention "alternative sentencing." You would likely be a candidate for drug court where, upon successful completion of a prescribed program you do not have a conviction. Given your occupation, it is very important that you not get a felony conviction. I suggest that you get an... View More