Little Rock Criminal Defense Lawyer

What is the Importance of Hiring a Local Criminal Defense Attorney?

Hiring a criminal defense lawyer in Little Rock can be highly advantageous for several reasons:

• Know Local Laws: They are familiar with state and local laws, which can vary significantly from place to place.
• Understand Local Courts: They know how local courts operate, including procedures and key personnel.
• Have Local Connections: They often have relationships with local judges, prosecutors, and law enforcement, which can be beneficial.
• Provide Accessibility: They are easier to meet with in person, making communication and coordination simpler.
• Offer Personalized Service: They are likely to give more personalized attention to your case compared to a non-local attorney.

While hiring a local criminal defense attorney has many advantages, it's important to remember that the most crucial factor is the attorney's competence and experience in handling criminal cases. You should choose an attorney who is not only local but also well-qualified and experienced in the specific area of criminal law relevant to your case.

Do I need a criminal defense attorney?

Here are some reasons why you might want to consider hiring a criminal defense attorney:

• You have been arrested or charged with a crime.
• You are under investigation for a crime.
• You have been questioned by the police.

Even for minor offenses, an attorney can protect your rights, fight for reduced charges, and navigate the complexities of the legal system.

What should I do if I am arrested?

If you find yourself arrested in Little Rock, AR, stay calm and remember your rights. The most important one is the right to remain silent. Politely but firmly tell the officer you don't want to answer questions and request an attorney. Avoid arguing or resisting arrest, and follow instructions regarding searches and entering the police car.

While under arrest, try to remember details of the situation like witnesses and anything taken from you. This can be helpful for your lawyer later. Your top priority should be contacting an attorney. The police won't provide one, but you have the right to have your own. Don't discuss your case with the police or sign anything without your lawyer present. By following these steps, you can protect yourself and ensure your rights are respected.

How much does a criminal defense attorney cost?

The cost of a criminal defense attorney in Little Rock, AR can vary depending on several factors, including:

• Experience: More experienced attorneys typically command higher hourly rates.
• Complexity of the case: Straightforward misdemeanors will likely cost less than complex felonies requiring extensive investigation.
• Attorney's overhead: Law firms with larger offices may have higher overhead costs reflected in their rates.

Many criminal defense lawyers offer free consultations to discuss fees.

What happens at an arraignment?

An arraignment in Little Rock, Arkansas is your first court appearance after being arrested and charged with a crime. Here's what typically happens:

• Charges are formally read: The judge will read the charges against you, outlining the alleged offense and potential penalties.
• Plea Entry: The judge will ask you to enter a plea of guilty, not guilty, or no contest. In most cases at an arraignment, you won't be able to plead guilty and will likely enter a not guilty plea.
• Bond is Set: The judge will determine if you will be released before trial on bond. The amount will depend on the severity of the charges and your flight risk.
• Next Steps: The judge will schedule further court dates, such as a pre-trial hearing or your trial date.

An arraignment is not a trial. It's simply the initial court appearance to inform you of the charges and set the next steps. You don't necessarily need to have a lawyer at your arraignment, but it's highly recommended. An attorney can advise you on the best course of action regarding your plea and help you navigate the legal process.

What is a plea bargain?

A plea bargain is an agreement struck between a defendant (the accused) and the prosecutor in a criminal case. It's essentially a negotiation to avoid going to trial. Here's how it works:

• The defendant agrees to plead guilty or no contest (nolo contendere) to a charge, often a lesser charge than what they were originally indicted for.
• In exchange, the prosecutor offers concessions, such as:
  • Reduced charges
  • Dropping some charges altogether
  • Recommending a lighter sentence

Plea bargains are voluntary. Neither the defendant nor the prosecutor is forced to accept a plea deal. A judge must approve the plea agreement before it's official. If you plead guilty or no contest, you are giving up your right to a trial.

What is the difference between a misdemeanor and a felony?

In Arkansas, the main difference between a misdemeanor and a felony boils down to the severity of the crime and the potential penalties.

Felonies:

Felonies are considered more serious offenses, often involving violence, theft of high-value items, or drug trafficking. If convicted of a felony, you face the possibility of:

• Prison time: This can range from a minimum of one year in a state prison to life imprisonment, depending on the class of felony. Arkansas categorizes felonies from Class Y (most serious) to Class D (least serious).
• Fines: These can be substantial, reaching up to $10,000 or more.
• Long-lasting consequences: A felony conviction stays on your criminal record permanently, making it difficult to obtain employment, housing, and educational opportunities.

Misdemeanors:

Misdemeanors are considered less severe offenses, often involving petty theft, disorderly conduct, or traffic violations. The penalties for misdemeanors are less severe than felonies and typically include:

• Jail time: This is usually limited to a maximum of one year in a county jail, though some misdemeanors might not carry any jail time.
• Fines: These are typically lower than felony fines, often ranging up to $2,500.
• Shorter-term consequences: Misdemeanor convictions may stay on your record for a few years, but they generally have less impact on your life compared to felonies.

What happens at a criminal trial?

1. Jury Selection (Voir Dire): Attorneys from both sides question potential jurors to ensure they are impartial and can fairly consider the evidence presented. This process is called voir dire.
2. Opening Statements: The prosecution delivers an opening statement outlining the charges and the evidence they will present to prove the defendant's guilt. The defense then presents their opening statement, foreshadowing their arguments and potentially raising doubt about the prosecution's case.
3. Presentation of Evidence: This is the heart of the trial. The prosecution calls witnesses to testify and present physical evidence to support their case. The defense has the opportunity to cross-examine prosecution witnesses and present their own witnesses and evidence to counter the prosecution's arguments.
4. Closing Arguments: After all the evidence is presented, both sides deliver closing arguments. These arguments summarize the key points of the case and attempt to persuade the jury (or judge) of the defendant's guilt or innocence.
5. Jury Instructions and Deliberations (if applicable): The judge instructs the jury on the relevant laws and the standard of proof (usually "beyond a reasonable doubt"). The jury then deliberates privately to reach a verdict. In some cases, there may be a bench trial where the judge decides the case without a jury.
6. Verdict and Sentencing: The jury returns with their verdict (guilty or not guilty on each charge). If the verdict is guilty, the judge will schedule a sentencing hearing to determine the appropriate punishment. This can include jail or prison time, fines, probation, and other court-ordered conditions.

What is probation?

Probation is a court-ordered alternative to incarceration for someone convicted of a crime. Instead of serving time in jail or prison, the offender is released back into the community under supervision.

What are my rights if I cannot afford an attorney?

In Arkansas, if you cannot afford an attorney for a criminal case, you have the right to court-appointed counsel. This means the state will provide you with a lawyer at no cost. Here's the process:

Indigent Defense: The legal term for someone who cannot afford an attorney is "indigent." If you fall into this category, you can request a public defender.

Public Defenders: Public defenders are attorneys who are employed by the state to represent indigent defendants in criminal cases. They are familiar with the court system and can provide effective legal representation.

Application Process: There will likely be an application process to determine your eligibility for a public defender. This will involve submitting financial documentation to prove your income falls below a certain threshold.

Can I have my criminal record expunged?

Yes, you may be able to have your criminal record expunged. The process is also known as record sealing.

• Eligibility: Not all offenses qualify for expungement in Arkansas. You cannot expunge convictions for capital offenses, murder, rape, kidnapping, or aggravated robbery. If your conviction occurred before 1993, there may be additional restrictions.
• Process: If you believe you qualify, you'll need to file a petition to seal your records with the circuit or district court where the crime was committed. There is a uniform Petition and Order to Seal available here.
• Fees: There may be court filing fees associated with the expungement process.
• Approval: The court will review your petition and make a decision. If no one objects to your petition, the court may grant it without a hearing. If there's opposition, a hearing will be scheduled for you to plead your case before a judge.