Difficult Questions About Criminal Defense And Straightforward Answers
Many individuals with legal needs might doubt whether they should have legal representation to address their concerns. However, if you or a loved one is facing criminal charges, you need a reliable and experienced defense attorney now.
At Tellez Law Firm PLLC, we have zealously advocated for the rights of our clients in criminal defense for more than a decade. Through this time, we have answered and addressed the concerns of the clients who have faced criminal charges in Arkansas. The following are some of these questions and our answers.
How can a defense attorney help with my commercial truck driving ticket?
Cases involving commercial trucks are complex. If you have a defense lawyer involved in your case early in the process – and depending on the circumstances – they can negotiate a plea bargain for you to avoid going to court. Consequently, this may prevent any change in your insurance premium.
Do I really need to hire an attorney if I get a speeding ticket?
Each situation leading to a speeding ticket is different. For example, an individual might get a traffic ticket due to a minor offense. Still, your situation could be aggravated if you also have other serious charges against you, like DUI/DWI charges. Under such circumstances, representing yourself in court can severely damage your criminal record.
What are the potential consequences of a reckless driving conviction in Arkansas?
Reckless driving is a class B misdemeanor. Jail time and fines largely depend on the number of previous offenses committed, if any. Potential fines imposed might go from $500 for a first offense to $1,000 for a repeat offense, while jail time varies from 30 days to six years. If someone is charged with DUI, they are ineligible to enter a plea deal, which otherwise would allow reducing the penalties imposed.
Can a police officer search my car for drugs if I am pulled over for speeding?
In normal circumstances, a police officer cannot search your car without a warrant. If the police ask for your permission to search your car for drugs after being pulled over due to speeding, you can politely refuse. Speeding can be a minor traffic offense in Arkansas, depending on the circumstances. However, if pulled over, remember to be polite to the police officer, provide the documentation requested and remain cooperative at all times.
When do you face state drug charges versus federal drug charges?
State drug charges become federal charges according to a number of factors, such as the quantity of drugs an individual carries at the moment of detention or arrest, the type of illegal substance involved and the intent. For example, possession with intent to distribute and sell are prosecuted at the state level, but trafficking involves crossing federal lines, thus becoming a federal charge.
Can I refuse to take a breathalyzer test if I am suspected of drunk driving in Arkansas?
Yes, you can refuse, but there are consequences. Arkansas is under an implied consent law, which states that any individual with a state driving license implicitly agrees to submit to any chemical testing required by the authorities. Your refusal may turn into a charge that could be used against you in court.
Will my license be revoked if I am convicted of drunk driving in Little Rock?
Yes. An individual’s license is subject to suspension even during a first offense. The suspension may apply for a period of six months to four years. The latter applies in the case of a fourth offense in less than five years. Arkansas authorities allow issuing restricted licenses for individuals with suspended driver’s licenses but are subject to approval by the Office of Driver Services and conditioned to the installation of an ignition interlock device (IID). An IID is a breathalyzer that blocks the car’s engine ignition system from starting. The device will deactivate if no alcohol is detected in the driver’s breath.
Can I get a drunk driving conviction expunged from my record?
It is important to point out that expungement is a privilege. A requirement to apply in DUI cases is the dismissal or nonprosecution of charges. If reckless driving resulted in a conviction, you might not be eligible for expunction. However, an experienced lawyer can evaluate your case and recommend applying for expungement or not.
Criminal charges put your rights and future possibilities at risk. If you have questions, contact us, and we will address your concerns in our Little Rock office.
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