It is never as important to contact an experienced lawyer as when you are facing criminal charges. Your future is on the line, and the steps you take in the coming months can have a dramatic impact on your life. Whether you have been arrested, found out a warrant has been issued against you, or suspect that you are under investigation, the sooner you contact an experienced NWA criminal defense lawyer, the sooner they can begin mounting a defense on your behalf.
The legal team at Horton Law wants to fight to protect your rights. Call us today to take advantage of a confidential consultation and learn more about your legal rights and options for responding to criminal charges.
Why Do I Need a Criminal Defense Lawyer?
Criminal law is a highly complex area of the law. Even attorneys with many years of legal experience can get confused about the rules of evidence and criminal procedure. You need a lawyer who is intimately familiar with the criminal justice process and can guide you through it with confidence.
The consequences are dire when you’re facing criminal charges. You could be incarcerated and lose your job. You may have a viable defense that you can raise, but without a legal education or background, you might not know this. If you try to handle your case on your own, you could make serious missteps that jeopardize your legal rights and future.
Additionally, prosecutors often take advantage of criminal defendants who are not represented. They may have no incentive to offer you a lighter sentence if you are unrepresented because they think you will simply plead guilty and take the maximum sentence. A criminal defense lawyer can try to negotiate a favorable plea agreement, seek an early dismissal of your case, or try to exonerate you at trial.
Why Should I Choose Horton Law?
While you have your choice of criminal defense attorneys in Northwest Arkansas, three simple reasons why you should consider hiring Horton Law include the following:
- We are experienced in felony and misdemeanor representation.
- We have a track record of success.
- We believe in clear communication with our clients.
With offices in Rogers, Fayetteville, and Conway, we are conveniently located and available for a confidential consultation. During your consultation, a dedicated attorney reviews the details of your case, explains your rights, and guides you through the next steps. Call us today to schedule yours.
Types of Criminal Cases We Handle
At Horton Law, no case is too big or too small for us. We handle all types of criminal cases, including the following:
Violent Crimes
We can handle cases involving homicide, assault, and other violent crimes. An effective defense often relies on getting to the bottom of the matter and identifying effective defense strategies, such as self-defense.
White Collar Crimes
White-collar crimes typically involve non-violent financial crimes, such as tax evasion, fraud, and embezzlement. Handling these cases requires an in-depth understanding of these crimes and the often exhaustive investigations that go into them.
Drug Crimes
Our criminal defense attorneys capably handle all types of drug cases, including:
- Drug possession
- Possession of paraphernalia
- Drug trafficking
- Drug manufacturing
- Drug distribution
DWI
Our DWI defense attorneys can investigate to determine if insufficient evidence existed to stop or arrest you for driving while intoxicated (DWI). We can mount an effective defense in your case and fight back against the loss of your driving privileges.
Theft
Theft and property crimes, such as burglary and shoplifting, require a dedicated legal defense that can help highlight misunderstandings.
Juvenile Crimes
At Horton Law, we don’t believe that an indiscretion in your child’s youth should dictate the rest of their lives. We provide criminal defense services to those under 18, protecting their futures.
What Penalties Am I Facing If Charged with a Crime in Arkansas
A criminal conviction in Arkansas could mean serious consequences, including the following:
- Incarceration
- Fines
- Community service
- Probation
- Restitution to victims
- Alcohol and drug abuse counseling and treatment
Depending on the circumstances, you could also be required to register as a sex offender or lose your driving privileges.
Collateral Consequences of a Criminal Conviction
In addition to the criminal penalties outlined above, you can also face secondary consequences, such as:
- Difficulty finding a job
- The possibility of being fired from a job
- Difficulty obtaining an education
- Challenges in obtaining financial aid or assistance
- Ineligibility for federal student loans
- Difficulty obtaining housing
- Immigration consequences, including possible removal, denial of permanent resident status, or loss of a visa
- Loss of or ineligibility for a professional license
- Loss of firearm rights
- Loss of your custodial rights or custody decisions made in the other parent’s favor
- Difficulty traveling internationally
The best way to avoid these harsh consequences is to work closely with an experienced criminal defense lawyer who can discuss your objectives and work tirelessly to achieve them.
How Crimes Are Classified in Arkansas
The potential penalties and consequences you face largely depend on how the crime is classified under state law. Felonies are considered more serious criminal offenses and can result in more than one year’s imprisonment. Misdemeanors are lower-level offenses that are punishable by up to one year in jail.
Arkansas uses a sentencing guideline grid that determines a presumptive sentence upon conviction based on the seriousness of the offense and the defendant’s prior criminal history.
The possible penalties based on the classification of crimes under Arkansas law include the following:
- Class Y felony: 10 to 40 years in prison or life imprisonment
- Class A felony: 6 to 30 years in prison and fines of up to $15,000
- Class B felony: 5 to 20 years in prison and fines of up to $15,000
- Class C felony: 3 to 10 years in prison and fines of up to $10,000
- Class D felony: Up to 6 years in prison and fines of up to $10,000
- Unclassified felony: Punished according to the statute defining the criminal offense
- Class A misdemeanor: Up to one year of incarceration and fines of up to $2,500
- Class B misdemeanor: Up to 90 days of incarceration and fines of up to $1,000
- Class C misdemeanor: Up to 30 days of incarceration and fines of up to $500
The Criminal Justice Process in Arkansas
For people who have never been charged with a crime before, the criminal justice system can be intimidating. By understanding each step in the legal process, you can have a better idea about what to expect and take steps to protect your legal rights. Your criminal defense lawyer can guide you through this process and answer any questions that arise.
The steps involved in a typical criminal case in Arkansas include the following:
Arrest
The first step for many people confronting the criminal justice process is the arrest. Police must have valid legal grounds to arrest someone.
First, to initiate a stop on the street or a traffic stop, law enforcement officers must have reasonable suspicion to believe that you have, are, or will soon commit a crime. This must be based on objective facts that support the suspicion and justify the stop, not merely be a hunch or gut feeling.
After such a stop, police can arrest a person if they have probable cause that the person was involved in a crime. This means that the law enforcement officer has adequate facts that the defendant has committed or is planning to commit a crime, which may be based on their observations, the police officer’s knowledge and experience, or tips from informants or witnesses, as a few examples.
Filing of Charges
The prosecutor initiates the formal criminal process by filing information about the alleged crime with the court. Charging documents name the defendant as a suspect and state the crimes that they allegedly committed.
Alternatively, a person can be charged through a grand jury. A grand jury hears evidence and decides whether or not there is probable cause to indict the defendant.
Arraignment
The arraignment is your first court appearance. Here, the judge informs you of the charges against you and your legal rights. The judge asks if you have an attorney. You must appear at your arraignment, or you can have a warrant issued against you.
During the arraignment, the judge will also decide whether to release you and under what conditions. You may be able to pay bail to be released while your criminal case is pending.
Pre-Trial
If you plead not guilty, your criminal defense lawyer may take several steps to position you for the best outcome possible, such as:
- File a motion to dismiss charges if there is insufficient evidence to support the charges
- File a motion to suppress evidence if it was illegally obtained or is inadmissible
- Demand the evidence that the prosecution intends to use against you at trial to prepare your case
- Conduct an independent investigation into the charges against you
- Negotiate a favorable plea agreement with the prosecutor
Trial
If your charges are not dismissed and you have not accepted a plea deal, your case proceeds to trial. You have the choice to have a bench trial or jury trial. A jury trial has a jury of your peers decide the outcome, while a bench trial gives this power to the judge. There are advantages and disadvantages to each option. Your criminal defense lawyer can explain them to you and advise you on which option is best for your case.
During a trial, the prosecutor bears the burden of proof. You don’t have to prove anything. The standard of proof in a criminal case is higher than in any other type of legal case, requiring proof beyond a reasonable doubt.
Your criminal defense tries to raise this doubt in various ways, such as by:
- Presenting compelling opening and closing statements
- Questioning witnesses’ credibility during cross-examination
- Challenging the reliability of evidence against you
- Questioning the credentials of expert witnesses
- Calling witnesses to the stand to support your defense
At the end of the trial, the judge or jury renders a verdict that you are guilty or not guilty.
Sentencing
If you are found guilty of a crime, a separate sentencing hearing will be scheduled where the judge decides which penalties to impose in your case. Your lawyer can argue mitigating circumstances that support a lighter sentence.
What to Do If You Are Arrested in Arkansas
Follow these steps to protect your legal rights after an Arkansas arrest:
- Don’t talk to the police. You have the right to remain silent – exercise it.
- Ask for a lawyer, clearly and unequivocally. Avoid ambiguous statements like “I think I need a lawyer” or asking law enforcement if you need a lawyer.
- Don’t consent to a search. This can allow law enforcement to search what otherwise might have been off limits.
- Don’t try to explain your side of the story. Police will look for anything they can use against you, even if you are innocent of the crime.
- Don’t try to handle this situation alone. You need an experienced attorney on your side, dedicated to protecting you every step of the way.
Can’t I Just Use a Public Defender?
You may have been told that you can use a public defender to save money. However, this is not always the best option. While public defenders and private criminal defense lawyers both provide the same legal services, the challenges they face and their individual skill sets may differ.
Public defenders work for the state, which has a limited budget. They are often bombarded with huge caseloads that make it difficult for them to competently provide effective legal representation to clients. According to the American Bar Association (ABA), severe underfunding causes many public defenders to carry caseloads up to three times higher than recommended limits. According to the ABA, this leads to a “meet and plead system” in which public defenders only spend a few minutes on a case, quickly pleading them out to move on to the next.
Private criminal defense attorneys have much more manageable caseloads. They get to determine which cases to accept and which to reject. Private attorneys can devote more time to each client. This gives them additional time to research, make effective legal pleadings, investigate the case, and prepare for trial.
Additionally, private attorneys may have the resources necessary to lodge an effective defense, such as hiring expert witnesses. Public defenders often do not have the budgets necessary to do this.
Contact the Criminal Defense Attorneys at Horton Law Today
If you or a loved one has been charged with a misdemeanor or felony in Arkansas, you should reach out to an experienced criminal defense lawyer immediately. The criminal defense attorneys at Horton Law have the experience and knowledge necessary to help you navigate the criminal justice system with ease and confidence. Contact us today for a confidential consultation.