Sadly, you can be charged with about anything when the police and prosecutor want to charge you. The question is: Can you be convicted?

You have to have the requisite intent to commit a crime to be found guilty. That intent can be proved by circumstantial as well as direct evidence. For... View More

I assume that you were charged with possession of drug paraphernalia. First, did the police have cause to stop you and to search your vehicle? Did you consent to a search? Was the unused needle in your vehicle for a legitimate reason? There are many facts that may determine the course that you take... View More

I don't know if I completely understand the facts of your case. However, that alone is a reason for you to have an attorney. That is, to help you communicate with the prosecutor as well as the court.

Plead not guilty and advise the court that you cannot afford an attorney. You are... View More

I believe that the short answer is yes.

There may be several reasons that a lawyer should not act in both capacities. But, without additional facts, I see no clear ethical prohibition.

Also, I am presuming that you are not asking about a situation in which a lawyer would wear both... View More

Complete accuracy on those documents is likely harmless. An intentional false report is another matter.

If nothing has been filed-no formal proceedings commenced, they are simply parents of children and are on equal footing. They are charged with caring for those children under Arkansas Law.

Yes. However, you may be able to simply get reinstated. It depends on a number of variables and the basis for revocation proceedings.

Yes. You can always dispute alleged grounds for divorce. The party that asserts grounds for and seeks a divorce or other relief bears the burden of proof. However, you must timely answer, in writing, denying that grounds or a particular ground exists or you may waive your right to contest the... View More

This doesn't seem to be a question. However, be mindful that medical negligence causes have a short statute of limitations and most lawyers are unable to commit to a case until a good bit of investigation is done. So talk to an attorney and pursue your case as soon as you can.

Generally, the answer is no. Unless there is a genuine issue as to the identity of an individual in a report, document, etc., the misspelling or incorrect use of a name is considered a misnomer and will not affect the use of the documents or the outcome of a case.

Miranda Rights are only required when a person is in custody (not free to leave) and is being interrogated by law enforcement. The typical remedy for a Miranda violation is prohibiting the government from using statements made by a defendant against her in a trial or court proceeding.

Yes. However, the Judge will still be guided by "the best interests of the child(ren)."

That is, a court what is best for the kids regardless of a default by a parent.

No. It depends upon what act you were sentenced under. There is a statute that one may be sentenced under that, in theory, does not amount to a judgment and, therefore, when one satisfies the conditions of the sentence it is dismissed. This is not used in most cases but it is used in drug courts... View More

Your "ex" would be entitled to a prorated 1/2 from the time of your marriage until the time of your divorce. That portion of your retirement fund would be "marital property."

A prenuptial agreement might protect those funds.

Yes, Arkansas has such laws. The primary focus is upon the disparity of earning power between divorcing spouses. There are several other factors a Court will consider as well. Fault is NOT one of those factors.

I do not believe that it would be wise to do so without getting the advice of an attorney who is fully aware of the facts of your husband's case. The accused has a right to remain silent. You are not obliged to possibly prejudice his case.

A motion for an "Act 3" review is a request that a person charged with an offense is interviewed by a mental health professional to determine if the person charged is mentally fit to proceed in a criminal case.

Once the State has charged a citizen with a crime, it is the State that has the power to dismiss the charge or, of course, the court for various reasons. The "victim" cannot dictate that a charge be dismissed but may persuade a prosecutor to dismiss a case. Many prosecutors do not like to... View More

If I understand our statement of facts correctly, the answer is no.

There may be other grounds for an arrest but not for an order that did not exist at the time of the allegedly offending behavior.

No. This is not a "sure sign" of neglect but it is a sign to watch for other things that suggest neglect. That is: first, listen to your Father (if he is able to communicate); next, watch for bruises, weight loss and generally signs of abuse; finally, increasing bed sores, infection(s)... View More