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Recent Posts

Drugs and Guns and Laws.. Oh My!
How To: Arkansas Sentencing Standards
Are Arkansans Getting Carried Away? (with gun rights)
The Quest For Open Carry in Arkansas
The Manti Te'o Hoax... if it went to court


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Mati Te'o
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Drugs and Guns and Laws.. Oh My!

A good thing to know, especially if you are a gun carrying Arkansan, is that if you have a felony amount of narcotics and a firearm that you are subject to Arkansas Code Annotated 5-74-106. Simultaneous Possession of Drugs and Firearms (herein referred to as “Simultaneous”), a Class Y felony in the State of Arkansas punishable by 10-40 years in prison or Life without the possibility of parole, and/or up to a $25,000.00 fine. Now this law has a few different facets, however with the recent changes to Arkansas law regarding marijuana I have decided to discuss what I would call the “iron circle of simultaneous possession”.

How To: Arkansas Sentencing Standards

Here in Arkansas, offenders who have been found guilty are judged based upon several factors. The two most defined factors are the Criminal
History Score and the Criminal Seriousness Level. Each of these two factors are placed on the Arkansas Sentencing Standards Grid. The Criminal history score(which is determined by filling out the Criminal history Worksheet) is located on the x-axis and the Seriousness Offense level (1-10), with 10 being the highest and covering “super villain” type crimes like causing a catastrophe and introducing the public to biological and radioactive Weapons, is located on they-axis.

Are Arkansans Getting Carried Away? (with gun rights)

There has been a lot of talk about the "technical corrections" made to the offense 5-73-120, carrying a weapon.. Most of this talk concerns whether or not open carry now exists in Arkansas, despite a bill allowing such not passing during the same year in which the "technical corrections" bill did pass. The new law is already in effect and has been since July. Prior to the new changes coming into effect, the Attorney General of the State of Arkansas issued an opinion

The Quest For Open Carry in Arkansas

On Tuesday, February, 28, 2013, a bill to allow handguns to be openly carried in Arkansas made its way to the House Judiciary Committee.  Although the bill originally called for open carry of handguns with few restrictions, the version that was voted on by the House Judiciary Committee had been watered down to the point of simply asking for the open carry of handguns in non-incorporated areas (meaning outside city limits) and protecting Arkansas citizens with valid Concealed Carry Licenses (CCL) from being prosecuted in the event they inadvertently display their concealed carry weapon.

The Manti Te'o Hoax... if it went to court

One of the most covered stories of the past few days has been that of Manti Te'o and the hoax surrounding the girl he claimed to be his late girlfriend, Lennay Kekua.  While this story has stunned us all, We will let others cover the more sensational aspects of this story and put our focus upon any legal issues involved.  
While most media outlets have taken to calling this situation a hoax, there have been a few that have used the term prank in their coverage.  In common practice, both terms imply a false representation being made with the intention to deceive someone, generally to hilarious ends.

No Armor For You (Felon)

It is illegal under Arkansas law for a person convicted of the following crimes to possess body armor (bullet proof body armor to be specific):

  (1) Capital murder, § 5-10-101;

   (2) Murder in the first degree, § 5-10-102;

   (3) Murder in the second degree, § 5-10-103;

   (4) Manslaughter, § 5-10-104;

   (5) Aggravated robbery, § 5-12-103;

   (6) Battery in the first degree, § 5-13-201; or

   (7) Aggravated assault, § 5-13-204.

Misdemeanor Conviction = No Guns For Life

Many people do not know this, but it is unlawful for any person who has been convicted of a misdemeanor crime of domestic violence (in Arkansas the most common misdemeanor domestic violence crime is domestic battery in the third degree), to possess a firearm. This is a federal statute, which means that it supersedes any relevant state statute to the contrary. What the statute means is that if a person has been found guilty or have plead guilty/no contest to a crime of domestic violence (even a misdemeanor) that person has lost the right to possess a fire arm for life.

Miranda Rights- A Quick Guide

We get a lot of calls from those accused of crimes that include this line "they never read me my rights". Well, while T.V. and movies have ingrained the recitation of these rights into our collective minds, the practice of "reading your rights" is often not important to an individual's case. It is not that the rights given are not important, it is what the remedy for not "reading your rights" that makes them less important to the everyday accused. First the rights only need to be read only if there is a "custodial interrogation", or in other words you are in police custody and they are questioning you.

Dr. Kevorkian and the Arkansas crime of Physician-Assisted Suicide

Dr. Jack Kevorkian (a.k.a Dr. Death) brought the notion of physician-assisted suicide to the forefront of the national consciousness during the 1990's. Kevorkian eventually lost his medical license, but continued to assist in suicides until the law eventually caught up to him. In 1999 Kevorkian was convicted of second degree murder. Also in 1999 the Arkansas legislature added a new criminal offense to cover this unique situation. Physician-assisted suicide is now an enumerated offense in the criminal code of the State of Arkansas and is a class C felony.

Husband's Fault Obama Won- Wife Runs Husband Over

Now we have all been blamed for things beyond our control, but this one takes the cake. An Arizona woman (Holly Solomon) blamed her husband for Obama's re-election, because he did not vote in this years election (Obama you owe this man big). Regardless of her rationale (understanding crazy people just means your crazy too), she is a women of strong political convictions, and she felt she had to fight back against those who do not support her views (that's always been safe grounds for violence).