CRIMINAL LAW

State vs. Federal Jurisdiction

In Arkansas, most criminal cases are handled in state court, but some fall under federal jurisdiction.

• State Crimes: These include most DWIs, drug possession, theft, or assault charges. They are prosecuted under Arkansas law in local or county courts.
• Federal Crimes: These involve offenses that cross state lines, happen on federal property, or violate federal law—like large-scale drug trafficking, wire fraud, or federal firearm charges.

I help clients understand where their case will be tried and what to expect, whether in state or federal court.



Misdemeanors vs. Felonies

Criminal charges in Arkansas are divided into two categories:

• Misdemeanors: Less serious crimes, such as disorderly conduct or minor theft. These carry fines, probation, or up to one year in jail.
• Felonies: Serious crimes, including burglary, drug trafficking, or violent offenses. Felonies can lead to years in prison, heavy fines, and the loss of important civil rights.

No matter the level of the charge, I approach every case with the same dedication—because both misdemeanors and felonies can change your life.



Where Law and Medicine Overlap

My medical background gives me a perspective few attorneys share. Whether it’s evaluating medical evidence in a criminal case or understanding the health-related challenges veterans face, I can connect the dots between law and medicine. That knowledge often helps me present a fuller, more accurate picture in court—one that highlights the humanity of my clients instead of reducing them to a charge or a claim number.



General Intent vs. Specific Intent Crimes

Understanding the intent behind a crime is key to building a defense:

• General Intent Crimes: The prosecution only needs to show that the defendant committed the act, not that they meant to cause harm (e.g., battery).
• Specific Intent Crimes: These require proof that the defendant intended a particular outcome (e.g., theft requires intent to permanently deprive someone of property).

Knowing the difference allows me to challenge the prosecution’s evidence and strengthen your defense.



Pleas: Guilty, Not Guilty, or No Contest

When you are charged, you must enter a plea:

• Guilty: Admitting to the charge.
• Not Guilty: Denying the charge and requiring the state to prove its case.
• No Contest (Nolo Contendere): Not admitting guilt but not contesting the charge.

Each option has serious consequences, which is why I carefully explain what each plea means and guide you toward the choice that protects your future.

Burden of Proof

In every criminal case, the prosecution must prove guilt beyond a reasonable doubt. This is the highest standard in the legal system. I make every effort to point out when the state has or may have a weakness or insufficient evidence in a case in order to demonstrate, when possible that there is reasonable doubt that should be considered present.

Types of Pleadings in Criminal Cases

Common pleadings in Arkansas criminal cases include:

• Motions to dismiss charges
• Motions to suppress evidence
• Discovery requests
• Responses to prosecution filings

Each pleading shapes the case, and I ensure they’re filed strategically and on time to protect your rights.



Types of Hearings

Depending on your case, you may face several hearings:

• Arraignment (entering a plea)
• Pretrial Hearings/Omnibus Hearings (addressing motions, discovery, and negotiations)
• Suppression Hearings (challenging evidence)
• Trial (deciding guilt or innocence)

I attend every hearing prepared and ready to advocate for your best interests.

Types of Motions

Motions are requests made to the court, and they can shape the outcome of your case. Common motions include:

• Motion to suppress evidence (if it was obtained illegally)
• Motion to dismiss (if charges lack legal basis)
• Motion for change of venue (if a fair trial isn’t possible locally)
• Motion in limine (to exclude certain evidence at trial)

Filing the right motions at the right time can change the course of your case.



Criminal Defenses and Defense Strategies

Every case is unique, but common defense strategies include:

• Challenging the evidence: Was it collected legally? Is it reliable?
• Asserting constitutional violations: Were your rights violated during the arrest or investigation?
• Presenting alternative explanations: Showing that the facts don’t add up to guilt.
• Alibi or mistaken identity: Working together to provide an alternative explanation for the jury and/or judge to consider.

I tailor each defense to fit the specific facts of your case, with the goal of protecting your freedom and minimizing long-term consequences.