Montgomery Wyatt Hardy, PLCLittle Rock Criminal & Family Law Attorneys | Montgomery, Adams & Wyatt, PLC2026-10-08T07:33:13Zhttps://www.montgomeryadamswyatt.com/feed/atom/WordPressby Montgomery Wyatt Hardy, PLC<![CDATA[Aggravated assault charges in Arkansas: What happens next]]>https://www.montgomeryadamswyatt.com/?p=481252026-10-08T07:33:13Z2026-10-08T07:33:13ZWhat defines aggravated assault under Arkansas law
Arkansas Code § 5-13-204 sets out three situations under which this aggravated assault charge can arise. First, the allegation involves deliberate actions that could result in someone losing their life or suffering a serious bodily injury. The behavior must demonstrate extreme indifference to human life.
Second, using a firearm in a manner that would make a reasonable person fear serious bodily injury or death also meets the statutory requirement.
Third, a person may be charged with intentionally interfering with another person's ability to breathe by applying force to the throat or blocking the person's nose or mouth. This particular provision appears frequently in domestic violence cases. The required mental state is "purposely," as defined under Arkansas Code § 5-2-202.
What penalties does a conviction carry
Under Arkansas Code § 5-4-401(a)(5), a Class D felony carries a potential prison sentence of up to six years. Under Arkansas Code § 5-4-201, fines may reach $10,000. The actual sentence is shaped by the facts of the case, the defendant's prior criminal history, and any other factors the court weighs under state sentencing guidelines.
A conviction also brings long-term collateral consequences, which may include:
Difficulty finding employment or obtaining professional licenses
Challenges qualifying for housing
Restrictions on the right to possess firearms
Potential loss of eligibility for certain government benefits
The effects of a Class D felony conviction may extend beyond the original sentence and affect important areas of a person's life for years.
What legal options exist after an arrest
After an arrest, the defendant typically appears before a judge for an initial hearing under Arkansas Rule of Criminal Procedure 8.1. Bail is typically addressed at that point. The state must then file formal charges within the timeframes established by Arkansas law. At arraignment, under Chapter 6 of the Arkansas Rules of Criminal Procedure, the defendant has the right to enter a plea.
Depending on the facts, potential defenses may include self-defense, the absence of the required mental state, or mistaken identity. The viability of any defense turns on the specific evidence and circumstances surrounding the case.
Next steps after an aggravated assault arrest
An aggravated assault charge carries real legal weight, but the outcome is not determined at arrest. An Arkansas criminal defense attorney can review the facts, evaluate the prosecution's evidence and help a defendant identify realistic options, from challenging the charge to reaching a negotiated resolution.]]>On Behalf of Montgomery Wyatt Hardy, PLC<![CDATA[How does supervised visitation work in Arkansas?]]>https://www.montgomeryadamswyatt.com/?p=480192026-09-24T15:45:58Z2026-09-24T15:45:58ZWhat supervised visits look like
Supervised visits allow you to spend time with your child while another adult remains present throughout the visit. The court order sets the terms for parenting time, such as when visits occur, where they take place and how long they last.
Depending on the situation, supervision could involve a family member, another approved person or a professional supervisor. The court order will also explain where the visits take place and what the supervisor's role involves.
When supervised visitation may be ordered
Arkansas law generally gives a parent without custody a right to reasonable parenting time. But if unsupervised contact might seriously endanger the child's physical, mental or emotional health, the court may require supervised visits instead.
A judge will also consider the circumstances surrounding your parenting time. This can include your ability to care for and supervise your child, your conduct during previous visits and other concerns that could affect your child's well-being. Supervised visits can allow you to maintain contact with your child while addressing those concerns.
How supervised visitation can change
A supervised arrangement can change when circumstances materially change and the court finds that a different schedule serves your child's best interests. Arkansas courts retain jurisdiction over visitation and can modify an existing order when the party requesting the change demonstrates a material change in circumstances.
That means supervision does not necessarily last forever. If you want to request changes, you generally need to show that circumstances have improved enough to support that petition rather than simply asking the court to remove the restriction.
Review your visitation order with an attorney
Supervised visitation involves specific rules about when, where and how you can spend time with your child. If you have questions about your current arrangement or believe your circumstances have changed, reviewing the order and your situation with an attorney can help you understand what options you have for requesting a change.]]>On Behalf of Montgomery Wyatt Hardy, PLC<![CDATA[How Arkansas drivers can challenge a DWI charge]]>https://www.montgomeryadamswyatt.com/?p=480082026-09-16T06:33:17Z2026-09-16T06:33:17ZKey defense strategies to explore
Arkansas law sets specific rules for every stage of a DWI case, from the traffic stop to chemical testing. Depending on what happened, a driver may be able to challenge different parts of the state's case, including:
Questioning the traffic stop: Police generally need a lawful basis for a traffic stop, such as observing a traffic violation or another sign of possible criminal activity. If they lacked sufficient grounds to make the stop, evidence collected afterward may be open to challenge.
Challenging field sobriety tests: Standardized Field Sobriety Tests are not mandatory under Arkansas law, and many factors can affect their reliability. Weather, road conditions, fatigue, injuries or medical issues can all influence performance. A defense can focus on whether the officer properly administered the tests and whether the results truly reflect impairment.
Examining chemical tests: Breath, blood or urine tests often form key evidence. Under Arkansas’s implied consent law, drivers generally must submit to chemical testing after a lawful DWI arrest and refusal can trigger a separate license suspension. If the stop or arrest was unlawful, the testing requirement and results may be challenged.
Reviewing officer observations: Driving behavior, speech and balance are often noted by officers and can become part of the evidence against a driver. Comparing these observations with police reports, video footage and witness accounts may reveal inconsistencies that call the officer's account into question.
Challenging a DWI charge does not mean all the evidence disappears. Instead, the goal is to identify weak spots in the state’s case and use them to build an effective defense.
Getting legal guidance after an arrest
Because DWI defenses depend heavily on how stop, arrest and testing occurred, the available options can vary from case to case. Reviewing the circumstances with an Arkansas DWI lawyer can help decide the best way to respond.]]>On Behalf of Montgomery Wyatt Hardy, PLC<![CDATA[When can a surviving spouse take against a will in Arkansas?]]>https://www.montgomeryadamswyatt.com/?p=480072026-09-09T15:25:39Z2026-09-09T15:25:39ZWhat it means to take against a will in Arkansas
Arkansas law generally allows a surviving spouse to make this election if the marriage lasted continuously for more than one year, subject to statutory limits. The spouse does not automatically receive the entire estate or everything acquired during the marriage. Instead, the election allows the spouse to reject the will’s terms and claim the share Arkansas law protects. General background on a surviving spouse’s right to reject a will and claim a protected share can help explain the concept, but the result in Arkansas depends on the probate record and the property involved.
Timing and procedure can affect the claim
A surviving spouse does not preserve this right by raising concerns informally during probate. Arkansas requires a written election that the spouse or a guardian signs, acknowledges and files with the probate clerk of the circuit court. Key timing and filing issues may include:
Whether the probate case has been opened and when it was filed
Whether the probate clerk sent proper notice and what the stated deadline is
Whether the election was filed on time
Whether all estate property has been properly identified and included
Whether other disputes affect the available share
Because the election is subject to a statutory filing deadline, a late or improperly filed election may prevent the spouse from exercising the right.
What a surviving spouse should do first
A surviving spouse considering an election should review the probate record, the will and the applicable filing deadline as soon as possible. Settling an estate may involve more than routine distribution when a surviving spouse chooses to assert this right. Because an untimely or improperly filed election may prevent the spouse from exercising it, early review of the probate case is important.]]>On Behalf of Montgomery Wyatt Hardy, PLC<![CDATA[Proving general indignities as grounds for divorce in Arkansas]]>https://www.montgomeryadamswyatt.com/?p=480062026-08-21T20:49:38Z2026-08-21T20:49:38ZWhat constitutes general indignities under Arkansas law?
Under Arkansas law, a court may grant a divorce if one spouse offers such indignities to the other as to render their condition intolerable. Unlike a single act of physical abuse or adultery, general indignities refers to a persistent course of conduct over time. Arkansas case law has recognized the following as examples:
Rudeness and constant contempt: manifestations of settled hostility, alienation, or systematic disrespect toward a spouse
Emotional cruelty and verbal abuse: repeated verbal attacks, public humiliation, or deliberate efforts to undermine a spouse's self-esteem
Habitual neglect: conscious indifference to the spouse's well-being and emotional needs
Unfounded accusations: repeated false accusations of marital infidelity made publicly or privately without basis
A single argument or occasional disagreement does not meet this threshold. The conduct must represent a habitual pattern that makes continuing the marriage genuinely unbearable.
The corroboration requirement
Filing for divorce based on general indignities requires more than one spouse's testimony alone. Under Arkansas evidentiary standards, the plaintiff's account must be supported by independent corroborating evidence. Acceptable corroboration may include statements from friends, family members, or coworkers who personally witnessed the conduct, documentary evidence such as text messages or emails demonstrating a pattern of abuse, or observations from counselors or therapists familiar with the marital dynamic.
Without sufficient corroboration, an Arkansas circuit court cannot grant the divorce even if the defendant does not appear to contest the allegations.
Strategic considerations
Choosing a fault-based ground involves practical trade-offs. A general indignities filing does not require the 18-month separation period, but the plaintiff must have been a resident of Arkansas for at least 60 days before filing. Arkansas follows an equitable distribution model for marital property, and proof of fault can sometimes influence judicial decisions regarding spousal support or the overall allocation of assets.
Getting the documentation right
Fault-based divorce cases require carefully gathered, admissible evidence and close attention to procedural rules. If you are considering filing based on general indignities, a divorce attorney in Arkansas can help you assess whether your evidence meets the corroboration standard and guide you through the process.]]>On Behalf of Montgomery Wyatt Hardy, PLC<![CDATA[How the 7-day rule impacts Arkansas DWI license suspensions]]>https://www.montgomeryadamswyatt.com/?p=480052026-08-06T18:03:28Z2026-08-06T18:03:28ZThe hearing deadline affects the license case
An arrest for impaired driving triggers an administrative suspension through the Department of Finance and Administration before the criminal court decides the DWI charge. Driver Services explains this license suspension process after a DWI arrest and handles the hearing request and related license action.
Because the deadline comes quickly, a driver may lose the chance to request a hearing before the suspension takes effect. That can leave the suspension in place while the criminal case is still in its early stages.
The administrative license case and criminal court case move separately
An impaired-driving arrest often creates two separate problems at once. One involves driving privileges, and the other involves the criminal charge in court. Those cases may involve some of the same facts, but they follow different procedures and different deadlines. Questions tied to defending the criminal charge may overlap with the license issue, but one case does not automatically stop or control the other.
This is where drivers sometimes get into trouble. A person may focus on the court date, bond conditions or possible criminal penalties and not realize the license matter has its own deadline. Waiting for the first court appearance may be too late to protect the right to an administrative hearing.
Early action can protect the right to a hearing
A criminal defense lawyer can help track both timelines, request the hearing on time and avoid losing the chance to contest the basis for the suspension before the criminal case advances.]]>On Behalf of Montgomery Wyatt Hardy, PLC<![CDATA[How do false assault charges impact child custody?]]>https://www.montgomeryadamswyatt.com/?p=480042026-07-23T11:41:15Z2026-07-23T11:41:15Z custody disputes can be emotionally challenging for all parties involved. At times, it can even lead to one parent falsely accusing another of assault. While legitimate assault charges may protect a child and the affected parent once proven, false accusations can backfire on the spouse who made such claims.
Loss of credibility in court
Arkansas family courts have the discretion to evaluate the honesty of involved parents. If the court finds the accusations to be false, they may view the accusing parent as unreliable. In addition, they may consider the act of fabricating abuse claims against another parent as an extreme form of parental alienation.
The willful creation of conflict rule
Arkansas family courts usually prefer that parents get joint custody. However, they can deny custody to a parent who purposely creates conflict or tries to damage the child's relationship with the other parent.
Revision of child custody arrangement
The court sees willful creation of conflicts as an act of emotional harm towards the child. This may lead the accusing parent to be declared unfit due to their poor parental choices. Depending on the circumstances, the court may consider modifying custody or parenting arrangements if it finds that a parent's conduct is not in the child's best interests.
Court penalties on the accusing parent
Lying under oath can put the guilty parent under investigation by the Department of Human Services (DHS). The court may also find the willful creation of conflict as contempt of court, which can lead to loss of custody and monetary fines. In addition, the guilty parent can incur an official record of child maltreatment, perjury charges and criminal penalties based on the severity of accusation.
Preparing for the court trials
Weaponizing the law against another parent can create a bad impression in court. If your spouse tries to fabricate abuse allegations against you, it may help to consult a family law attorney for insights on clearing your name and strengthening your case.]]>by Montgomery Wyatt Hardy, PLC<![CDATA[When does a police search become illegal in Arkansas?]]>https://www.montgomeryadamswyatt.com/?p=480022026-07-17T21:48:48Z2026-07-17T21:48:48ZSituations 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=480012026-07-16T11:59:26Z2026-07-16T11:59:26ZWhen 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 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=480002026-07-07T15:03:47Z2026-07-07T15:03:47ZTreat 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.]]>