Judge Grants Client’s Release from Prison

On Monday, August 25, 2014, Judge L.T. Simes of the First Judicial Circuit issued an Order which granted our client relief under Rule 37 of the Arkansas Rules of Criminal Procedure.  Our client had been sentenced to 10 years imprisonment for violation of the terms of his probation.  We persuaded the judge that our client’s probation was revoked for conduct which had been included in a previous guilty plea to an unrelated offense, and that the guilty plea was intended to wipe the slate clean on all criminal conduct committed by our client up to that point.

Phillips County Circuit Court Case No. CR 2009-198.

The denial of an appeal is not always the end of the case.  If you or a loved one has been wrongly convicted and your appeal has been denied, let us see if we can help.  Call me at 501-604-4525.

 

 

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Bankruptcy Stops Garnishments and Asset Seizures

Filing a bankruptcy petition prevents your creditors from seizing your property to satisfy a judgment.  If your wages or bank account have been garnished, or if the finance company is threatening to repossess your car, the creditor cannot take those actions after you file for bankruptcy protection.  If your debt is what is known as an unsecured debt, such as credit card debt or medical expenses, your bankruptcy should eliminate that debt altogether.

You will still have to pay your car loan to keep your car or your mortgage to keep your house.  Filing for bankruptcy will at least give you some breathing room to decide how to manage your debts.  Fortunately, you can use Chapter 13 Bankruptcy to “catch up” on past due payments, even if your mortgage company or finance company is demanding full payment of everything you owe right now.  You may even be able to get your car back if it was just recently repossessed.

Please feel free to call me to discuss whether bankruptcy is right for you.

 

 

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We Defend People Charged with Sex Crimes

While many people charged with sex crimes are guilty, many other people are not.  In the past 30 years as an attorney, I have seen people’s lives nearly destroyed by false accusations of rape and child molestation.  We have been able to help falsely accused Defendants.  If you have been charged with any kind of sex crime, you need an experienced criminal defense attorney to represent you.  We have represented people charged with sex crimes in State and Federal Court for over 30 years.

Please call us today at 501-604-4525.

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Filling for Divorce in Arkansas?

In order to obtain a divorce in Arkansas, you must meet the following requirements:

1.  You must be a resident of Arkansas for at least 60 days before filing.  You cannot get a divorce for at least 30 days after you file for divorce, and generally, it takes longer than 30 days.

2.  You must be a resident of the County in which you are filing.

3.  You must have a witness who can testify in person or by affidavit that you resided in Arkansas for more than 60 days before filing, and that you and your spouse have separated.

4.  You must have grounds for divorce against your spouse.  The most common grounds are indignities, which may include continuing physical or verbal abuse.  Other grounds include adultery, insanity, impotence, and habitual drunkenness.

5.  You must either have a written property settlement agreement with your spouse or be prepared to have the judge decide how you and your spouse must divide your property.

6.  If you have minor children with your spouse, you must have a written agreement for custody and visitation with your spouse, and you must provide for child suppport.   If you and your spouse can’t agree on custody, visitation, and child support, the judge will decide those issues for you.  Child support is usually set according to the Arkansas Child Support Chart, which is located at https://courts.arkansas.gov/forms-and-publications/arkansas-child-support-guidelines.

7.  In Pulaski County, parents of minor children are required to attend and complete a transparenting course before they can obtain a divorce.

8.  The judge must approve your divorce decree.

If you have decided you need to divorce your spouse, please call me at 501-604-4525.

 

 

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We want to be your personal injury lawyer

If you’ve been injured in a motor vehicle accident, and it’s not your fault, we’d like to talk to you.  If you hire me to represent you in your personal injury case, I will give your case my personal attention.  In some of large personal injury firms, you may deal mainly with a “claims manager” who is not a lawyer.  You and your personal injury case matter to me.

Please feel free to call.  No obligation, of course.

 

 

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Why should I hire a lawyer for a misdemeanor or DWI?

You may wonder whether it is worth the cost of hiring a lawyer for a misedemeanor or DWI in district court.  Some of the reasons you should consider hiring a lawyer for a misdemeanor are:

1.  A lawyer may be able to get your case dismissed for reasons that may not be obvious, such as lack of evidence or the statute of limitations.

2.  A prosecutor will probably make a better deal to a defendant who is represented by a lawyer than one who is not.

3.  If your case goes to trial, a lawyer will see that the proper witnesses are subpoenaed and made to come to testify for you.

4.  A lawyer knows the rules of evidence and can help you prepare a good defense.

When you consider what you have to lose, the price of a lawyer in district court is well worth it.

If you have a legal problem in district court anywhere in Central Arkansas, please call me to discuss it at 501-604-4525.

 

 

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BEWARE OF CHATTING WITH ANY ATTRACTIVE “FEMALE” YOU DON’T KNOW

Many of us have seen “To Catch a Predator” with Chris Hansen on NBC’s Dateline.  Before you decide to enter a chat room and communicate with someone who sounds interesting,  bear in mind that that 18 year old “girl” on the other end may be a 45 year old police detective.   It is a crime to solicit sex from someone a person believes to be under the age of consent, even if the supposed victim only exists in the imagination of the detective.  In federal court there is a 10 year mandatory minimum sentence for attempting to solicit an underage person (male or female), and trying to solicit an adult police officer is still an attempted sex crime, even through no minor is involved at all.   If a man asks the “girl” on the other end if she is really a cop, courts have consistently ruled that the police officer has a right to say he is a female without that being entrapment.

If you have been charged with a sex crime on the internet, you need and experienced lawyer.  Please call me at 501-604-4525.

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WE DEFEND PEOPLE CHARGED WITH “WHITE COLLAR” CRIMES

We have defended numerous individuals who have been charged with “white collar” crimes, including Medicaid Fraud, Social Security Fraud, forgery, counterfeiting, and theft from banks.  If you are charged with any kind of embezzlement, mail fraud, or wire fraud, you need and experienced attorney.  Please call me at 501-604-4525 to discuss your case.

 

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Should I file Chapter 7 or Chapter 13?

Don’t worry if you’re not sure whether you need to file Chapter 7 Bankruptcy or Chapter 13.  That is a decision you should only make after you have discussed your case with a qualified lawyer.  Chapter 7 is sometimes called a liquidation, although that is not nearly as bad as it sounds.  If your debts are primarily credit card debts or medical expenses, Chapter 7 may be right for you.  You don’t have to make monthly payments to a Trustee in Chapter 7, and the attorney fee is usually lower than in a Chapter 13.  The downside of Chapter 7 is that it won’t enable you to pay back due amounts (arrearages) you owe on a mortgage or a vehicle.  Most individuals will qualify to file Chapter 7.  However, if your income exceeds a certain amount, you might not.

Chapter 13 is for persons who have a regular income and can set aside some of that income to pay at least something to their creditors.  Chapter 13 is sometimes called a wage earner’s plan.  If someone has a steady job but has fallen behind on a house payment or car payment, Chapter 13 can help that person avoid foreclosure or repossession.  If you can make monthly payments to continue paying the monthly mortgage payments or car payments, and if you can pay something more to catch upon what you owe the mortgage company or finance company, then Chapter 13 may be what you need.

It doesn’t matter how you receive money.  It could be from wages, Social Security benefits, a pension, or whatever.  If you receive regular monthly benefits and you have debts you cannot pay immediately, you may qualify to file Chapter 13.  You will have to make monthly payments to the Chapter 13 Trustee during the course of your bankruptcy to pay your secured creditors such as your mortgage company and finance compamy, to pay an extra amount to catch upon on your payments (cure your arrearages), to pay something to your unsecured creditors, and to pay the Trustee’s administrative fees and your attorney’s fees.  If you have a question about bankruptcy, please feel free to call me at 501-604-4525.  I will be glad to discuss your situation with you at no obligation.

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Federal Bankruptcy Exemptions Allow a Debtor to Protect Substantial Assets from Seizure

Under the Bankruptcy Code, every debtor is allowed to keep a certain amount of property, no matter how much he or she owes.  The property which a person may keep is called “exempt,” and the provisions which allow a person to keep certain property are called “exemptions.”  (However, please note that even if your house and car are “exempt,” your mortgage company can still foreclose and your finance company can still repossess if you don’t pay for your car or house.)  In Arkansas, a debtor filing bankruptcy may choose between the exemptions allowed by Arkansas law or those permitted by Federal law.   For many debtors the Federal exemptions will allow them to protect a good bit of their “stuff.”

For example, under current federal exemptions, a debtor may keep:

Your equity in your home of up to $22,975.00.

Your interest in a vehicle of up to $3,675.00.

Your total household furnishings of up to $11,525.00, with no more than $550.00 in any one item.

Your jewelry worth up to $1,550.00

$1,225.00 in any property, plus up to $11,500.00 in the unused part of the equity in one’s home.  (This means you could possibly exempt the sum of $3,675.00 + $11,500.00, or $15,175.00, in your interest in a vehicle).

The vast majority of people who file Chapter 7 bankruptcy do not have to give up any property in order to do so.  If you have any questions about whether Chapter 7 Bankruptcy is right for you (or Chapter 13, for that matter), please call me to discuss your situation at 501-604-4525.  There is no obligation, and the call is free.

 

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