Criminal Defense

A traffic ticket can carry consequences beyond the fine. Points, insurance consequences, CDL issues, failure-to-appear problems, license suspensions, employment consequences, and court costs may matter more than the ticket itself.

We help clients evaluate whether to contest the charge, negotiate a reduction or other resolution, address failures to appear, protect a license, and avoid turning a traffic matter into a larger legal problem.

For commercial drivers, even minor traffic outcomes can have serious employment consequences. CDL holders should be especially careful before paying a ticket or entering a plea without understanding the effect on their license and livelihood.

Arkansas DWI law includes both impairment-based and per se alcohol-concentration cases. Under Ark. Code Ann. § 5-65-103, it is unlawful for a person who is intoxicated to operate or be in actual physical control of a motor vehicle or motorboat. It is also unlawful to operate or be in actual physical control with a breath or blood alcohol concentration of 0.08 or more.

DWI cases may involve the legality of the stop, reasonable suspicion, probable cause, field sobriety tests, breath testing, blood testing, observation periods, machine maintenance, officer training, prescription medication, video evidence, refusal allegations, actual physical control, and administrative license consequences.

The license issue is separate and time-sensitive. Arkansas law provides for administrative suspension, revocation, or disqualification procedures after DWI-related arrests, and a hearing request must be made within the statutory deadline. See Ark. Code Ann. § 5-65-402.

Our office reviews the stop, the reports, the video, the testing, the officer’s observations, the administrative license issue, and the available defenses to determine the best path forward.

Misdemeanors can include assault, theft, criminal mischief, harassment, disorderly conduct, drug possession, DWI, domestic offenses, traffic-related crimes, and many other charges.

Under Ark. Code Ann. § 5-4-401, a Class A misdemeanor may carry up to one year in jail, a Class B misdemeanor may carry up to ninety days, and a Class C misdemeanor may carry up to thirty days, subject to the specific statute, fines, probation, suspended sentences, and other consequences.

The right approach depends on the facts. Some cases should be fought. Some should be negotiated. Some should be positioned for dismissal, diversion, deferred adjudication, or later sealing if the law allows it.

A misdemeanor is not minor if it affects employment, housing, custody, licensing, driving privileges, or a person’s record.

Felony charges carry more serious penalties and long-term consequences. Arkansas felony sentencing ranges vary by classification. Under Ark. Code Ann. § 5-4-401, a Class Y felony may carry ten to forty years or life, a Class A felony may carry six to thirty years, a Class B felony may carry five to twenty years, a Class C felony may carry three to ten years, and a Class D felony may carry up to six years.

Felony defense requires early work: reviewing discovery, evaluating suppression issues, preserving evidence, interviewing witnesses, checking lab proof, examining search warrants, challenging identification, negotiating from strength where possible, and preparing for trial where necessary.

The goal may be dismissal, acquittal, reduction to a misdemeanor, probation, a negotiated sentence, treatment-based resolution, or mitigation of exposure. The strategy should fit the charge, the proof, and the client’s actual life.

Drug cases can involve possession, possession with purpose to deliver, delivery, paraphernalia, prescription medication, marijuana, methamphetamine, fentanyl, cocaine, synthetic cannabinoids, or other controlled substances.

Arkansas possession penalties depend on the schedule and amount of the substance, prior convictions, and the specific charge. See Ark. Code Ann. § 5-64-419. Schedule VI includes marijuana, tetrahydrocannabinols subject to statutory exceptions, and synthetic equivalents or substances with similar chemical structure or pharmacological activity as described by statute. See Ark. Code Ann. § 5-64-215.

Drug cases often involve search-and-seizure issues, traffic stops, warrants, constructive possession, lab testing, chemical identification, chain of custody, confidential informants, statements, and whether the State can prove the specific substance and offense alleged.

Drug defense is often about details: where the item was found, who had access, whether the search was lawful, whether the substance was tested, whether the amount supports the charge, whether possession can be proven, and whether treatment, diversion, reduction, or another resolution is available.

A probation revocation can expose a person to jail or prison even when the original sentence avoided it. Alleged violations may include new charges, missed appointments, unpaid fines, failed drug tests, failure to report, travel violations, failure to complete treatment, or failure to comply with specific conditions.

Revocation defense is different from ordinary criminal defense because the procedure and burden are different. The court may focus on whether a condition was violated and what sanction is appropriate. The defense may involve showing compliance, challenging the proof of violation, explaining the circumstances, correcting probation records, addressing nonpayment issues, proposing treatment, or negotiating a result that avoids the worst available outcome.

Arkansas law allows many criminal records to be sealed, but eligibility depends on the charge, conviction, sentence completion, prior record, offense date, DWI history, CDL status, felony class, violent or sexual offense exclusions, and the statute used.

The Comprehensive Criminal Record Sealing Act of 2013 is codified at Ark. Code Ann. § 16-90-1401 et seq. Misdemeanor sealing is addressed in Ark. Code Ann. § 16-90-1405. Felony sealing eligibility is addressed in Ark. Code Ann. § 16-90-1406, with additional provisions for certain controlled-substance possession convictions.

Nonconviction records may also be eligible for sealing. For example, a person may petition to seal a prior arrest if charges have not been filed by the prosecuting attorney within one year of the arrest. See Ark. Code Ann. § 16-90-1409. Dismissed cases, nolle prosequi dispositions, acquittals, and other nonconviction outcomes may have separate procedures.

A sealed record can help with employment, housing, education, licensing, and reputation, but it must be done correctly. Eligibility, sentence-completion proof, notice, objections, and the court’s order all matter.

In some cases, Arkansas’s First Offender Act, commonly called Act 346, may allow an eligible defendant to enter a plea and be placed on probation without an adjudication of guilt. If the defendant successfully completes the terms and conditions, the court may discharge the defendant without adjudication of guilt and enter an order dismissing the case and sealing the record if consistent with the sealing statutes. See Ark. Code Ann. § 16-93-303.

Act 346 is not available for every defendant or every offense. It should be evaluated before a plea is entered, because the way a case is resolved can determine whether the client later has a conviction, whether the record can be sealed, and what long-term consequences follow.

When available, deferred or first-offender treatment can be one of the most important parts of the defense strategy because it may affect the client’s long-term record, employment, licensing, and future opportunities.