Montgomery Wyatt Hardy, PLC Little Rock Criminal & Family Law Attorneys | Montgomery, Adams & Wyatt, PLC 2026-07-17T21:48:48Z https://www.montgomeryadamswyatt.com/feed/atom/ WordPress by Montgomery Wyatt Hardy, PLC <![CDATA[When does a police search become illegal in Arkansas?]]> https://www.montgomeryadamswyatt.com/?p=48002 2026-07-17T21:48:48Z 2026-07-17T21:48:48Z Situations that can make a police search illegal in Arkansas Arkansas law protects people from unreasonable searches under the Fourth Amendment and Article 2, Section 15 of the Arkansas Constitution. In most cases, police need a valid warrant supported by probable cause unless a recognized legal exception applies. A search may become unlawful when:
  • No legal authority exists: Officers search a home, vehicle, person or property without a valid warrant or an applicable exception.
  • Probable cause is missing: The search is based on suspicion rather than specific, objective facts.
  • Consent is not voluntary: Permission results from threats, pressure or deception.
  • The warrant is exceeded: Officers search areas beyond what the warrant legally allows.
  • The stop lacks a lawful basis: Nervous behavior, unverified anonymous tips or profiling alone generally do not justify a search.
Even a small constitutional violation can affect an entire criminal case. An experienced criminal defense attorney can examine the search, identify unlawful police actions and challenge illegally obtained evidence.

How an illegal search can affect a criminal case

An illegal search can change the outcome of a criminal case. If police break the law during a search, the court may not allow the evidence to be used. Key points include:
  • Keeping illegal evidence out of court: Under the Fruit of the Poisonous Tree doctrine, courts may exclude drugs, firearms, statements, blood test results, digital evidence and other evidence gathered through an unlawful search.
  • Making the case harder to prove: When important evidence is removed, the prosecution may no longer have enough proof to continue the case.
  • Raising the stakes: With Arkansas's stricter sentencing rules under the Protect Arkansas Act (Act 659 of 2023), excluding key evidence may have a major impact on the outcome of a felony case.
An illegal search can change the course of a criminal case. Trusted legal guidance can determine whether the evidence can be challenged in court.

Protecting constitutional rights

Not every police search follows the law. Knowing when a search goes too far can make a real difference in a criminal case. Trusted legal guidance can help identify constitutional violations and protect important legal rights throughout the case.]]> On Behalf of Montgomery Wyatt Hardy, PLC <![CDATA[Can a small estate affidavit simplify probate in Arkansas?]]> https://www.montgomeryadamswyatt.com/?p=48001 2026-07-16T11:59:26Z 2026-07-16T11:59:26Z When is an Arkansas small estate affidavit allowed? Arkansas's small-estate procedure may allow eligible distributees to collect and distribute certain estate assets without going through full probate administration. Arkansas law sets specific requirements for using this process, including limits on the value of the estate and a waiting period before an affidavit can be filed. Not every small estate automatically qualifies. The type of property involved and other legal factors might affect whether this simplified procedure is available.

Why is it important to understand the requirements?

Although this procedure may reduce the time and expense involved in estate administration, it must be completed correctly. Before filing paperwork, families should consider:
  • Whether the estate meets Arkansas’s legal requirements
  • Whether at least 45 days have passed since the person’s death
  • Whether all estate assets have been identified and valued properly
  • Whether the affidavit has accurate and complete information
Leaving out information or overlooking important details can delay the process, create disputes and cause problems when collecting and distributing estate assets.

A simpler process still requires careful preparation

A small estate affidavit can help make the estate administration easier in some circumstances, but it does not fit every estate. Taking the time to verify state rules before filing helps prevent costly legal setbacks during a difficult time of grief. Consulting a probate attorney might help families prepare the required paperwork, understand Arkansas’s requirements and avoid unnecessary delays.]]> On Behalf of Montgomery Wyatt Hardy, PLC <![CDATA[How to create a positive co-parenting relationship after divorce]]> https://www.montgomeryadamswyatt.com/?p=48000 2026-07-07T15:03:47Z 2026-07-07T15:03:47Z Treat your co-parent like a parenting partner A positive co-parenting relationship may start with a change in focus. Instead of returning to past disagreements, treat each exchange as a discussion about your child. Keep conversations centered on school, health, activities and daily needs. Use a calm and respectful tone, even when the subject feels difficult. If emotions rise, pause before you respond.

Build routines your child can rely on

Children often adjust better when they know what to expect. A detailed parenting schedule can reduce confusion over exchanges, holidays and special events. Consistency also goes beyond the calendar. Similar rules for homework, bedtime and household expectations may give children a stronger sense of stability. When both homes feel predictable, your child may feel less caught between two different worlds.

Choose communication methods that may reduce conflict

As parenting duties continue, the way you communicate can matter as much as the information you share. Not every issue requires a phone call or a quick text. Most parents use co-parenting apps, shared calendars or email to keep messages organized. These tools create a clearer record and give each parent time to respond.

Consider different parenting approaches when conflict continues

Some families still face conflict despite sincere efforts to cooperate. In those situations, Arkansas courts generally make custody decisions based on the child's best interests. You may also use parallel parenting. This approach limits direct communication to the other parent while allowing them to continue sharing parenting responsibilities.

Keep your child's needs at the center of every decision

Every parenting choice can shape how children experience family life after divorce. That includes the way parents speak about each other and handle conflict. Avoid placing your child in the middle of disagreements. Do not ask them to carry messages between homes. Instead, support healthy relationships with both parents when appropriate.

Why flexibility stays important

Co-parenting often changes as children grow and family circumstances evolve. Parenting schedules, communication methods and decision-making responsibilities sometimes need updates to reflect those changes. When questions arise about custody arrangements, an attorney may help you understand how the law applies to your situation. Legal guidance can also clarify whether changes to an existing parenting plan are appropriate.]]> On Behalf of Montgomery Wyatt Hardy, PLC <![CDATA[How can video evidence affect a DWI case?]]> https://www.montgomeryadamswyatt.com/?p=47994 2026-06-16T14:50:06Z 2026-06-16T06:20:33Z Types of video evidence Depending on the situation, they may be able to look at several recording types, including:
  • Police dashcam footage
  • Police bodycam footage
  • Nearby business surveillance
  • Traffic camera recordings
  • Cellphone videos from the driver and any witnesses
These recordings can help to show how a person was driving, conversations with the police and performance during sobriety tests.

How technology changes DWI investigations

Video evidence has become more common as law enforcement agencies have increased the use of bodycams and dashcams during traffic stops. This way, they have a record of what exactly happened and don’t have to rely solely on written reports. In a lot of DWI cases, video footage may become an important part of the evidence during an investigation.

Reviewing the video with other evidence

Even after having video footage, it does not always tell the entire story. The lighting, the angle of the camera and the sound quality can affect the context of the story. Also, something might happen outside of the camera's view. As a result, video evidence is often reviewed alongside witness testimony, police reports and field sobriety tests. Each piece of evidence might help to understand the case.

Technology continues to change DWI cases

New recording technology gives us evidence that can be used in DWI investigations. As bodycam, dashcam and video evidence are becoming more common, it may play an important role in how these cases are investigated and reviewed. Understanding how video evidence can strengthen a DWI defense can help people understand the legal process.]]> On Behalf of Montgomery Wyatt Hardy, PLC <![CDATA[What happens to digital assets during probate in Arkansas?]]> https://www.montgomeryadamswyatt.com/?p=47993 2026-06-08T18:29:35Z 2026-06-08T18:29:35Z Many people consider only physical property, bank accounts and real estate to be assets when creating estate planning documents. Today, a lot of individuals own digital property, which may play an important role in their estate administration. Individuals should not overlook these assets during the planning process.

What are digital assets?

Digital assets can include items such as email, social media, online banking, cryptocurrencies, cloud storage and online business accounts. Many people also download and store media such as music, movies and videogames. Additionally, some gift cards, retail membership benefits and cash back bonuses might be stored online and represent significant cash reserves. Due to their non-physical nature, these items can create some challenges during estate distribution.  Digital assets may hold great value for people. Some may have financial value, while others may have emotional value for family members. Regardless of the value, everyone should address these assets as part of their estate plan.

Identifying digital accounts may be difficult

Digital assets, unlike traditional assets, are protected for privacy by passwords and user agreements. Family members also might not know that those accounts exist or have access to them. Some online accounts may have specific policies regarding what happens when the account holder passes away. In some cases, a personal representative may need to coordinate with service providers to get access to digital assets and understand how to distribute them during estate administration.

Why does planning matter?

Digital assets are becoming an important part of everyday life, and they are also becoming more prominent in Arkansas estate plans. Personal representatives and family members may overlook digital assets during estate administration.  Keeping a record of online accounts and other access information may help simplify the process. Planning may help make sure that personal representatives manage and distribute digital assets according to the owner’s wishes. Seeking the guidance of a professional may help you better understand this aspect of estate planning.]]> On Behalf of Montgomery Wyatt Hardy, PLC <![CDATA[How long does alimony last after a divorce in Arkansas]]> https://www.montgomeryadamswyatt.com/?p=47992 2026-05-29T07:39:54Z 2026-05-29T07:39:54Z Forms of support and their timelines State courts recognize a few types of alimony and each of the following carries a different expected duration:
  • Temporary support: Covers costs while the divorce is pending. It ends once the court issues a final order.
  • Rehabilitative support: Covers education or job training for a set time, giving the recipient a chance to enter the workforce.
  • Permanent support: Sustains a spouse after a long-term marriage, especially when age or health limits earning ability.
  • Lump-sum support: Delivers a single, fixed payment that cannot be modified after the court establishes the final order.
Because rehabilitative support makes up the largest share of awards, many payments taper off over time rather than continue without end. This helps both parties move toward self-sufficiency while keeping some stability right after divorce.

Factors that guide a court's decision

Several considerations tend to carry the most weight when a court decides how long alimony should last:
  • The length of the marriage, since longer unions tend to support longer or larger awards
  • Each spouse's earning capacity, education and work history
  • The age and overall health of both parties
  • The standard of living the couple maintained while married
  • The division of property and any child support already in place
While financial need and the ability to pay are primary drivers, Arkansas judges retain broad discretion to factor in marital misconduct when determining a fair outcome.

Events that change or end an obligation

Even after a court sets the terms, an alimony order can shift as life changes. Certain events bring payments to an automatic close, while others open the door to a formal request for adjustment. Alimony generally ends when the spouse receiving it remarries, settles into a full-time intimate relationship that resembles marriage or when either former spouse passes away. State law treats some of these living arrangements as the equivalent of remarriage, which can stop payments without a return to the bargaining table. Beyond these, either party may ask the court to revisit the order after a significant and material change in circumstances. A job loss, a serious illness, or the receiving spouse achieving full self-sufficiency may prompt a judge to reevaluate the terms to appropriately reduce, extend or terminate the ongoing obligation.]]> by Montgomery Wyatt Hardy, PLC <![CDATA[Should couples consider a prenuptial agreement before marriage?]]> https://www.montgomeryadamswyatt.com/?p=47991 2026-05-28T13:59:30Z 2026-05-28T13:59:30Z What is a prenuptial agreement? A prenuptial agreement is a legal contract signed before marriage. It explains how a couple may handle assets, debts, business interests and other financial matters during the marriage or if they separate or divorce. In Arkansas, courts may validate a prenup when both spouses sign it willingly and share full financial details.

Why do couples choose a prenup and what can it cover?

Couples use a prenuptial agreement to set clear financial expectations before marriage. It can safeguard individual assets, family wealth, inheritances, business interests, investments, retirement accounts and existing debts. A prenup does not include child custody and child support and visitation.

What makes a prenup enforceable in Arkansas?

To improve the likelihood that a prenup will hold up in court, couples may focus on factors such as:
  • Voluntary agreement: Both parties should sign the agreement willingly. Claims of pressure and coercion can raise questions about its validity.
  • Full financial disclosure: Each person needs to share full and accurate details of assets, debts, income and financial obligations before signing.
  • Fair and reasonable terms: Courts may consider whether the agreement reflected fair and reasonable terms when the couple entered into it.
  • Grounds for challenge: Fraud, misrepresentation, incomplete disclosure, coercion and unfair terms can lead to legal challenges in court.
  • Early planning and review: Couples may start discussing prenups well before the wedding, giving them enough time to review finances and discuss the terms.
  • Adequate negotiation time: Both parties need enough time to review the agreement, since rushing the signing can raise concerns about consent and fairness.
Following these standards strengthens a prenup’s chances of being upheld in court.

Taking the next step towards financial understanding

A prenuptial agreement helps couples protect assets, set financial responsibilities and create clarity before marriage. When prepared well, it builds a clear financial plan and reduces future uncertainty and disputes. Early legal guidance from a family law attorney helps couples understand their options and meet Arkansas legal requirements.]]> On Behalf of Montgomery Wyatt Hardy, PLC <![CDATA[How expungement of criminal records work in Arkansas]]> https://www.montgomeryadamswyatt.com/?p=47988 2026-05-11T12:27:37Z 2026-05-11T12:27:37Z Qualification for sealing criminal records Eligibility for expungement in Arkansas depends on the nature of the offense, individual’s criminal history and if they have completed their sentence. Generally, the following offenses qualify for expungement:
  • Non-violent felonies: Class C and D felonies, plus some unclassified felonies with a sentence less than 10 years
  • Misdemeanors: Generally eligible for sealing 60 days after the sentence is finished
  • Drug offenses: Includes Class A and B drug felonies, often after a 5-year wait
  • Juvenile records: Non-violent felonies committed while the person was a minor
  • Arrests with no conviction: Includes dismissed charges, not-guilty verdicts and diversion cases
While these are general guidelines, some individuals with special circumstances are eligible as well. A legal professional can help you review your case to determine how you can go about expungement.

The expungement process

To begin sealing your criminal records, ensuring that you completed all your court requirements is a good start. This includes any fines, fees, probation or other conditions. You can then request for your official criminal record from the court that sentenced you or the Arkansas Crime Information Center (ACIC). Your next step is to complete the correct Uniform Petition and Order to Seal forms for your corresponding crime and all required paperwork before filing your petition. In Arkansas, a notice of your petition is also sent to the prosecutor and arresting agency. Lastly, a judge will review your petition and may require a hearing before making a final decision on your expungement. If the court grants it, your criminal record will be sealed.

Taking action for the future you want

When you have turned your life around and are not currently facing criminal charges, expungement can be a fresh start. By reducing the visibility of a past record, you can improve your chances of securing better employment, housing and education. You deserve to move forward without the full burden of a criminal past.]]> On Behalf of Montgomery Wyatt Hardy, PLC <![CDATA[How to regain your license after a DWI in Arkansas]]> https://www.montgomeryadamswyatt.com/?p=47987 2026-04-29T10:30:10Z 2026-04-29T09:52:55Z Steps that shape the reinstatement process In Arkansas, the Department of Finance and Administration (DFA) outlines what you must complete so you can legally drive. These requirements often include:
  • Serving the suspension period: The length depends on prior offenses and case details. For example, a first offense often leads to a suspension that can last around six months, though limited driving options may be available in some cases.
  • Completing an alcohol education or treatment program: You typically need to finish a state-approved program that focuses on substance use and driving decisions before reinstatement.
  • Attending a victim impact panel class: Submitting a Victim Impact Panel completion certificate is mandatory for reinstatement.
  • Paying reinstatement fees: DFA requires a $150 fee before it processes your request. Other costs may apply based on the case.
  • Installing an ignition interlock device: Some cases require this device before full reinstatement. An ignition interlock device connects to your vehicle and requires a breath sample before the engine will start.
Beyond these points, some situations involve added steps that depend on your license status. If your license is revoked, you generally need to pass all required parts of the Arkansas driver’s license exam again before you can return to active driving.

A practical path back to driving

Regaining your license often takes planning and steady follow-through. Each completed requirement moves you closer to reinstatement, while missed steps may delay progress. If your situation involves complications or prior offenses, legal guidance can explain how a DWI charge affects your options and timeline. An attorney may also outline what to expect as you work through each stage and help you avoid mistakes that could extend the suspension.]]> On Behalf of Montgomery Wyatt Hardy, PLC <![CDATA[Can you claim self-defense after causing serious harm?]]> https://www.montgomeryadamswyatt.com/?p=47983 2026-04-16T07:25:47Z 2026-04-16T07:25:47Z When self-defense may apply under Arkansas law A self-defense claim may still apply even if someone suffered severe injuries. In Arkansas, the law allows people to protect themselves in certain situations, but stricter rules apply when the force used could cause death or serious physical injury. That protection depends on the specific facts of the incident. It generally applies when these conditions are present:
  • An immediate threat exists: The other person’s actions create a real and present risk of death or serious physical injury.
  • Your response matches the danger: You use only the level of force needed to stop the threat
  • You are not the aggressor: You did not start or provoke the confrontation that resulted in the other person’s injury, which can support a self-defense claim.
These conditions set the baseline for self-defense. The law also addresses whether a person must retreat before using force through a stand-your-ground rule. This means the law does not require stepping away before acting in self-defense if you are lawfully present and not engaged in criminal activity. Nonetheless, courts will still evaluate if your response was reasonable, which can shape how the situation moves forward.

How these details can shape what happens next

Self-defense claims often turn on specific facts. The timing, level of threat and the force used can all affect how others review your case. Investigators, prosecutors and courts examine the full context, including witness accounts and physical evidence. If you are facing assault or related violent crime allegations, understanding these standards can help you make sense of the process ahead. Each detail can influence how investigators and courts interpret your actions. Clear legal guidance can help you assess your position and decide how to respond.]]>