Montgomery Wyatt Hardy, PLCLittle Rock Criminal & Family Law Attorneys | Montgomery, Adams & Wyatt, PLC2024-03-15T09:18:40Zhttps://www.montgomeryadamswyatt.com/feed/atom/WordPressOn Behalf of Montgomery Wyatt Hardy, PLChttps://www.montgomeryadamswyatt.com/?p=478862024-03-15T09:18:40Z2024-03-15T09:18:40Ztoo much force, causing excessive injuries to another person?
There is a thin line between self-defense and assault. Crossing that border could earn you an assault allegation, even if you were just trying to protect yourself.
The main difference
Self-defense and assault both use physical force. However, a key aspect differentiating the two is the reason you used that force. Assault involves the intent to harm or instill fear. Self-defense, on the other hand, is a response to that. It involves protecting yourself from harm or counteracting violence.
For example, you used your judo skill to flip a man about to punch you. It is considered self-defense, as you are protecting yourself from potential harm. But it would now paint a different story if you continued to hurt the other person after flipping them on the ground. When you exert far more force than the initial threat imposed on you, it can already be deemed assault.
Reacting to a provocation is not self-defense
Self-defense is different from responding to a provocation. Although a person agitates and incites you to do something, it is not considered as an immediate threat. While you cannot justify an assault based on provocation, it can help mitigate charges against you.
People have varied reasons for harming others. Some will do it to gain things or establish power, but others will do it to protect themselves. The reason you present will significantly influence your case. Talking to a competent criminal defense lawyer who would empathetically listen to your side of the story could help you effectively respond to your assault accusations.]]>On Behalf of Montgomery Wyatt Hardy, PLChttps://www.montgomeryadamswyatt.com/?p=478842024-03-12T12:43:05Z2024-03-12T12:27:01ZDivorce can be a stressful process, affecting not just the parents but also the children. It brings about change, which can be either positive or negative. Studies show that the change is often harmful for children growing up in two households.
To combat these adverse effects, the state of Arkansas may order parenting classes for couples going through a divorce.
Goal of the program
Under state law, a judge may order divorcing parents to attend parenting classes if minor children are living with either or both parents. These classes aim to tackle parenting issues, custody disputes and visitation matters that often arise in the context of divorce. Parents must complete at least two hours of these classes. By the end of the session, they should understand the impacts of divorce on children and learn strategies to help their children manage these effects.The law doesn't specify how to choose a parenting class or program. Usually, a list of court-approved providers is available for parents to choose from. Alternatively, parents have the option to propose a program, which would then need court approval.Regardless of who selects the class or program, the financial responsibility falls squarely on each parent.
When a judge might order this
The decision to order parenting classes is at the judge's discretion and is typically based on the case's specifics. Factors such as the level of conflict between the parents, the needs of the child, and other relevant considerations may influence this decision. The primary goal of court-ordered classes is to ensure the welfare of the child or children involved in the divorce. So, courts base whether to order these classes on the unique circumstances of each family.
Facing challenges after divorce
While divorce can be challenging for everyone involved, Arkansas state seeks to lessen this burden, particularly on the children. By teaching parents essential coping strategies and communication techniques, they are better prepared to raise their children during and after divorce.]]>On Behalf of Montgomery Wyatt Hardy, PLChttps://www.montgomeryadamswyatt.com/?p=478822024-02-27T15:49:02Z2024-02-27T15:48:40ZSigns an executor may be mishandling the estate
Executor misconduct can delay probate administration and leave your loved one’s assets vulnerable. Watch out for the following red flags, which may indicate it’s time for you to act.
Fails to notify or communicate with beneficiaries promptly
Does not pay creditors
Provides an incomplete or delinquent inventory of assets
Cannot account for missing assets
Consistently misses crucial deadlines
Neglects the terms of the will
Unnecessarily withholds inheritance from beneficiaries
Sells estate assets for less than their actual value
Fails to document transactions and other financial records accurately
Not every executor who fails their role is seeking personal gain. There are executors who miss deadlines or struggle with paperwork because they are overwhelmed by the process or do not fully understand their responsibilities. Regardless, such oversights can significantly delay probate administration and lead to complications.
What you can do
If there are signs that the executor is mishandling the estate, acting promptly to address the situation may prevent more losses. However, it may be smart to discuss your concerns with an attorney first. Rushing to confront the executor or filing a petition without solid preparation could endanger the estate.
The court will only consider removing an executor if there are strong reasons to do so. Mere delays may not be enough, but evidence of serious infractions may compel the judge to grant your request.
Exercising vigilance is just the first step in ensuring the proper management and execution of your loved one’s estate. If you believe the executor is not up to the task, consider consulting an attorney to understand your options.]]>On Behalf of Montgomery Wyatt Hardy, PLChttps://www.montgomeryadamswyatt.com/?p=478812024-02-15T22:26:47Z2024-02-16T22:26:36ZExercise financial prudence
It can be tempting to seek solace in lavish gestures or expensive outings with a new romantic interest. However, splurging on a new partner, especially with marital funds, can complicate the already intricate process of untangling shared finances.
Moreover, overspending on a new relationship may inadvertently send the wrong message to both your ex-spouse and the court overseeing the divorce proceedings. The court could see it as reckless behavior or a disregard for financial responsibilities. This could impact the court's decisions regarding asset division or support arrangements.
Maintain discretion
Arkansas has 3.6 divorces per 1,000 people. While a divorce is ongoing, avoid flaunting your new relationships on social media or in public settings. Keeping your personal life private can prevent unnecessary complications and emotional distress for all parties.
Consider the impact on your children
Introducing new partners to your children too soon can be confusing and distressing. Children may already be struggling with the changes the divorce brings. Proceed with caution and prioritize their emotional well-being above all else.
Focus on self-reflection
Make time for yourself separate from dating. Evaluate what went wrong in your previous relationship and identify areas for self-improvement. Engage in activities that nurture your mental and emotional health, such as therapy, exercise or time with supportive friends and family members.
Set and enforce boundaries
Establishing clear boundaries with your new partner helps avoid complications during the divorce process. Be honest about your situation and communicate openly about your expectations and limitations. Setting boundaries can help prevent misunderstandings and ensure that both parties are on the same page regarding the nature of the relationship.
Dating during divorce can be tricky. However it can be possible to do so in a way that minimizes the effect on the parties and the proceedings.]]>On Behalf of Montgomery Wyatt Hardy, PLChttps://www.montgomeryadamswyatt.com/?p=478802024-02-13T10:08:44Z2024-02-13T10:08:44ZThe legal stakes rise
Driving while intoxicated with a passenger under 16 is considered an aggravating factor for a DWI case. Also, depending on the circumstances and number of prior offenses, what would’ve been a misdemeanor DWI offense can turn into a felony instead.
Enhanced penalties for DWI with a child passenger
Even if you’ve only committed your first DWI, having a child passenger can increase the severity of your penalties if a court convicts you. The following are the enhanced penalties you faced based on the number of prior DWI offenses you’ve committed if you have a child passenger onboard:
First DWI offense, unclassified misdemeanor: Seven days but no more than a year of imprisonment for having a passenger under 16. This is an increase from 24 hours up to a year of imprisonment for an unenhanced offense.
Second DWI offense within 10 years of the first, unclassified misdemeanor: Thirty (30) days but no more than one year of imprisonment, up from seven up to a year for an unenhanced offense.
Third DWI offense within 10 years of the first, unclassified misdemeanor: At least 120 days but no more than a year of imprisonment, up from 90 days up to a year for an unenhanced offense.
Fourth DWI offense within 10 years of the first, unclassified felony: Two years but no more than six years of imprisonment, up from one year up to six years for an unenhanced offense.
Fifth or subsequent offense within 10 years of the first offense, unclassified felony: Three years but no more than 10 years of imprisonment, up from two up to 10 years for an unenhanced offense.
In addition to these penalties, a convicted driver faces fines and license suspension/revocation.
Arkansas takes DWI cases involving young passengers seriously as part of a broader commitment to safeguarding the lives of children and all road users. But an enhanced sentence can be devastating to a convicted driver, even if it’s their first offense. If you are facing a DWI charge and had a passenger under 16 at the time of the offense, consider legal advice for your case.]]>On Behalf of Montgomery Wyatt Hardy, PLChttps://www.montgomeryadamswyatt.com/?p=478792024-01-30T13:08:53Z2024-01-30T13:08:53ZTax evasion as a state offense
According to Arkansas law, any taxpayer who willfully attempts to evade or defeat the payment of any tax, penalty or interest due under any state tax commits tax evasion. It’s also against the law for any person to assist a taxpayer in evading taxes.
Tax evasion in Arkansas is a Class C felony, punishable by up to ten years in prison and $10,000 in fines.
Tax evasion as a federal offense
Similarly, the U.S. Code defines tax evasion as an offense where the person willfully attempts to evade or defeat any tax imposed on them. Under federal law, the offense is a felony that leads to up to five years of imprisonment and up to $100,000 in fines ($500,000 for corporations) on conviction.
What counts as tax evasion?
Tax evasion can come in many forms. The following constitute tax evasion:
Underreporting income
Inflating deductions or expenses
Hiding money or assets in unreported accounts
Using false documents to deceive tax authorities
Additionally, individual persons aren’t the only ones who can face charges, as even corporations and organizations can face tax evasion allegations.
Tax evasion is a serious crime that Arkansas and the IRS actively pursue. Those accused of the offense may even have to deal with charges on both the state and federal levels. Because of the complexity of such cases and the severe penalties that await, anyone accused of the offense should consider working with a legal professional knowledgeable in white-collar crime.]]>On Behalf of Montgomery Wyatt Hardy, PLChttps://www.montgomeryadamswyatt.com/?p=478782024-01-18T14:29:33Z2024-01-18T14:29:33ZLegal BAC limits for CDL holders
Per state law, a driver faces a DWI charge if their blood alcohol content (BAC) level is at least .08% at the time of their offense. However, that limit is stricter for CDL holders. Instead of .08%, the legal limit for CDL holders is an even lower .04%.
The lower BAC limit reflects the increased level of trust and responsibility in operating large and potentially hazardous vehicles.
A driver’s BAC is measured through a chemical test such as a breathalyzer. If a CDL holder refuses to undergo testing, their license is automatically disqualified for one year.
Penalties for CDL DWIs
A CDL holder who violates the state’s DWI laws commits a Class B misdemeanor. On conviction for their first offense, the driver faces up to 90 days in jail and $1,000 in fines. In addition, their CDL is disqualified for one whole year, during which the driver isn’t allowed to operate any commercial motor vehicle.
If a CDL holder has previous DWI offenses, the court can order an assessment of the driver’s degree of alcohol or substance abuse. The court can also require the driver to undergo substance abuse treatment and perform at least 30 to 60 days of community service. A second or subsequent conviction can lead to the disqualification of the driver’s CDL for life.
For commercial drivers, the stakes are high when it comes to DWI charges in Arkansas. A single mistake can jeopardize your safety, that of others, and your career. If you face a DWI charge, it's advisable to seek legal counsel immediately to understand your rights and explore your options under state law.]]>On Behalf of Montgomery Wyatt Hardy, PLChttps://www.montgomeryadamswyatt.com/?p=478772024-01-10T09:20:25Z2024-01-10T09:20:25ZWays to keep the family and estate intact after death
A probate’s ease and complexity depend on the severity of disputes among involved parties and an estate’s size. While the testator cannot control the situation when they pass on, there are ways they can manage things while still alive:
Set clear expectations: Find time to discuss with loved ones and interested parties about the intent to draft a will. Explain in detail the goals and context behind every term. While a will is a personal decision and must reflect a testator’s wishes, there is value in considering others’ views and how these can impact relationships.
Store essential documents safely: Organize confidential data, such as passwords and account numbers, in a protected location and hand them off to a trusted individual or potential executor. Having accurate access to valuable information can help expedite the process instead of scouring the decedent’s home.
Settle health and money concerns: Medical and financial powers of attorney can designate a person to make critical decisions in the event of death or incapacitation. These legal documents can take the pressure off families or prevent potential quarrels during stressful occasions.
Arkansas probate can consume so much time and resources. So, some seek workarounds to shorten or avoid it. For instance, a small estate affidavit may work if it has been 45 days since the decedent’s passing, the estate does not exceed $100,000 or no prior probate petition exists.
Preparation can lead to peace of mind
Some put off estate planning, thinking that it is a monumental task. However, a legal team can help them prepare and advise them on their options. Doing so can give them peace of mind that their family and estate are safe and sound after they die.]]>On Behalf of Montgomery Wyatt Hardy, PLChttps://www.montgomeryadamswyatt.com/?p=478762023-12-22T11:55:19Z2023-12-22T11:55:19ZRansomware as computer fraud
According to state law, a person commits computer fraud if they intentionally access any computer or network to either:
Devise or execute any scheme to defraud or extort
Obtain money, property, or a service with a false or fraudulent intent, representation or promise
Ransomware attacks typically lean toward the former because they aim to extort affected users until they can pay up.
Computer fraud is a Class D felony; a conviction carries up to six years of prison and $10,000 in fines.
Ransomware as computer trespass
Arkansas law also recognizes ransomware attacks as a form of computer trespass. Computer trespass is defined as the intentional access, alteration, deletion, damage, disruption or destruction of any computer system, program or data. The encryption caused by ransomware effectively bars users from accessing their altered data. If the ransom isn’t paid, the unresolved encryption might as well be a deletion of all the affected files.
Depending on the extent of the damage caused by ransomware and the number of prior violations, the offense’s grade and penalties can increase:
First violation, computer trespass caused no loss or damage: This is a Class C misdemeanor which carries up to 30 days in jail and $500 in fines on conviction.
Second or subsequent violation, no loss of damage OR violation caused loss or damage less than $500: This is a Class B misdemeanor which carries up to 90 days in jail and $1,000 in fines on conviction.
Violation that causes loss or damage of $500 or more, less than $2,500: This is a Class A misdemeanor that carries up to a year in jail and $2,500 in fines on conviction.
Violation that causes loss or damage of $2,500 or more: This is a Class D felony that carries up to six years in jail and $10,000 in fines on conviction.
Arkansas treats ransomware crimes very seriously, and anyone convicted of launching these malware attacks can expect to face at least two criminal charges. If you are in a similar position, consider consulting a legal professional. A lawyer may be able to help you understand your defense options in court, especially when faced with multiple charges.]]>On Behalf of Montgomery Wyatt Hardy, PLChttps://www.montgomeryadamswyatt.com/?p=478752023-12-19T20:07:54Z2023-12-19T20:07:54ZPrioritize self-care
Make sure you are getting adequate sleep, maintaining a balanced diet, and engaging in regular physical activity. These fundamental aspects of self-care can positively impact your mood and overall mental health. Taking care of yourself physically sets the foundation for emotional resilience.
Seek support
You do not have to face the challenges of divorce alone. Reach out to friends, family or support groups to share your feelings and gain perspective. Surrounding yourself with a network of understanding individuals can provide emotional validation and create a sense of community during this isolating process.
Set realistic expectations
It is natural to have expectations during a divorce, but setting realistic ones is important. Understand that the process may be time-consuming and emotionally draining. Acknowledge that not everything will go as planned and prepare to adapt to unexpected developments. Managing your expectations can alleviate stress and contribute to a healthier mental state.
Establish boundaries
Establishing clear boundaries with your ex-spouse is important for your mental well-being. Clearly define the terms of communication and interaction to minimize potential conflicts. Setting boundaries ensures that you can focus on moving forward without being constantly pulled into the emotional complexities of the past.
Focus on future growth
While divorce signifies the end of one chapter, it also marks the beginning of another. Redirect your energy toward personal growth and future opportunities. Consider pursuing hobbies, furthering your education or exploring new career paths. Embracing change and focusing on your own development can provide a sense of purpose and optimism for the future.
These key strategies will help you not only endure your divorce but also emerge from it with strength and resilience.]]>