Little Rock Legal Issues Blog

How important are my Miranda rights?

On behalf of Montgomery, Adams & Wyatt, PLC on Friday, June 22, 2018.

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:

You have the right to remain silent.
The prosecution can and will use anything you say in a court of law.
You have the right to an attorney.
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?

On behalf of Montgomery, Adams & Wyatt, PLC posted in blog on Wednesday, March 21, 2018.

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?

On behalf of Montgomery, Adams & Wyatt, PLC posted in blog on Tuesday, December 26, 2017.

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?

On behalf of Montgomery, Adams & Wyatt, PLC posted in blog on Monday, September 25, 2017.

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

On behalf of Montgomery, Adams & Wyatt, PLC posted in blog on Tuesday, June 27, 2017.

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

On behalf of Montgomery, Adams & Wyatt, PLC posted in NONE on Thursday, March 30, 2017.

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

3 tips for avoiding a DWI in Arkansas

On behalf of Montgomery, Adams & Wyatt, PLC on Thursday, January 5, 2017.

Drunk driving can have devastating consequences. Besides the risk of getting a DWI charge, you also run the risk of causing serious property damage and injuries if you drive while intoxicated. Avoiding a charge and other negative consequences can be accomplished if you stay away from common behavior that leads to drunk driving. Here are some tips to avoid a DWI and other consequences.