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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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Arkansas laws

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 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.

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.

No Fake Drugs

The topic of today's post is..... fake drugs (counterfeit substances). It is a felony in the state of Arkansas to possess a "counterfeit substance",or in in other words, do not have non-drugs that you are trying to say are drugs. Believe it or not people do this and get themselves in trouble for aspirin, that however is not the funny part. The most peculiar part of this law is when they allow you to have fake drugs. According to the law below you can have fake drugs if they are given by prescription.

It's Ar-Kan-Saw (its the law)

Apparently there is a lot of confusion on whether or not the final "s" is part of the pronunciation of our great state's name. Well do not worry because our state government resolved the issue sometime ago by adding this to theArkansas code . We have on the books that the final "s" in Arkansas is not to be pronounced and that the correct pronunciation is Ar-Kan-Saw (please not Ar-Kansas). So now we all know (if you did not already) that there is an official, government endorsed way to pronounce Arkansas.