Montgomery, Adams & Wyatt, PLC

Montgomery, Adams & Wyatt, PLC

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Little Rock Legal Issues Blog

How will a court decide who should get custody of my child?

Child custody can be a point of contention for many divorcing couples. If you are used to seeing your child every day, it may seem unsettling to think that this routine could change, and it can be painful to think your ex-spouse might benefit from your lost time with your child. Although it can be challenging to set aside your own feelings, your child's needs should be at the forefront of any custody decision you make.

However, sometimes parents reach opposing views on what would benefit the child most. If you and your ex cannot come to an agreement on child custody matters, a court may need to step in and award custody as it sees fit.

How a DWI affects your future

After a night of drinking, a lot of people assume they are safe to drive and do not want to waste money on an Uber. However, the price of DWI is far too great to ignore. In addition to the fine and potential jail time, the consequences of a DWI conviction can follow you for years. 

You need to fight all DWI. You may lose your driver's license for up to six months and have to install an ignition interlock device inside your car. You may also have to contend with the following years later. 

A prenuptial agreement does not doom your marriage

Prenuptial agreements, once associated primarily with the rich and famous, have gained in popularity with couples of modest means as well as those who have considerable assets.

Some people are afraid that a prenup speaks to the end of a marriage that has not yet begun. However, many couples realize that signing this kind of agreement is a smart way to plan for their shared future.

Assault with a deadly weapon charges may be defensible

Facing any kind of criminal accusation can disrupt your life and destroy your reputation. Simply facing charges will have drastic consequences, so the potential effects of a conviction would be catastrophic. This is especially true if the charge in question is a felony such as assault with a deadly weapon. If you are facing this or any other criminal charge, you should know what defenses may be relevant.

Assault with a deadly weapon is defined as a physical attack that is carried out with a weapon or object capable of inflicting severe injuries. The following are three examples of potential defenses that may be applicable if you are hit with an assault with a deadly weapon charge:

How important are my Miranda rights?

As an Arkansas moviegoer and TV watcher, you probably hear some version of the Miranda warning in every “cop show” you see. But have you ever considered that the Miranda warning is one of your most important protections if you find yourself in a situation where law enforcement officers attempt to question you about a criminal matter?

Basically, the Miranda warning, which emanated from the landmark 1966 U.S. Supreme Court holding in Miranda v. Arizona, consists of the following four parts:

  1. You have the right to remain silent.
  2. The prosecution can and will use anything you say in a court of law.
  3. You have the right to an attorney.
  4. If you cannot afford an attorney, the court will appoint one for you.

Should I trust my judgment about whether I am safe to drive?

Many times, people know themselves best when it comes to assessing whether they are safe to drive. However, it is true that some people may have a false sense of how well they are able to drive after a few (or more) drinks.

So, should you trust your judgment about whether you are safe to drive? How about if you have something such as a portable or smartphone breath test?

Can you appeal on the basis of innocence?

After a criminal conviction, a person may be prepared to appeal. In fact, he or she may be ready with new evidence of innocence or new ways to present old evidence. However, the legal system makes it difficult to appeal on the basis of innocence.

What is much more likely to succeed is an appeal on a basis such as technical error. For example, someone could present evidence that police mishandled the case by forcing confessions. Perhaps he or she could argue that the defense attorney was asleep for most of the trial, or that prosecutors concealed evidence. But an argument of innocence is unlikely to get far.

When is a child charged as an adult for a crime?

Each state takes control over its own laws and punishments. How a court handles a child perpetrator depends on the laws in that state. In Arkansas, a child may be tried as a adult, but it greatly depends on the situation. Each case is handled on its own and decided based upon the circumstances and the law.

According to the Nation Juvenile Defender Center, any case involving someone under the age of 18 is referred first to the juvenile court system. The youngest age at which a child may be tried for a crime under the system is 10. The majority of cases will likely remain in juvenile court, which means the child is tried under juvenile standards and not adult standards, but there are times when a child can be charged as an adult.

Drug courts offer some drug offenders alternatives to jail time

If an Alabama judge or jury convicts you of committing a drug-related offense, the severity of your penalties will likely vary based on factors such as the details of your crime and whether you have ever offended before. In some cases, you may receive an offer to participate in drug court as an alternative to serving time behind bars. Drug courts are closely supervised programs that seek to not only help keep you out of the state’s prison system but to also help you beat your drug addiction.

Drug courts have proven benefits not only for you, the addict and offender, but also for your surrounding community. To be more specific, drug courts may:

How alimony works in Arkansas

Alimony, also called spousal maintenance, is a form of support one divorcing spouse pays to the other. Spouses can agree on whether one will pay alimony, how much and for how long, or they may instead choose to litigate this issue so a judge will make the final decision. In either case, it is important to understand the types of alimony available in Arkansas and factors that influence it.

Permanent alimony

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