Arkansas Drug Laws: Classifications

Although some states have legalized marijuana and others have relaxed their rules regarding possession for personal consumption, Arkansas is not one of those states. This means residents need a thorough understanding of Arkansas drug laws and the implications of being found with even small amounts of marijuana or any other drug. Anyone in Arkansas who has been arrested due to possession of marijuana needs a criminal defense attorney to help them fight the charges and potentially avoid a lengthy prison sentence, especially if you have been previously convicted.

Classifying the possession of drugs

As in most states, Arkansas uses a classification process for drugs. Each "class" has specific characteristics. The classification of drugs in Arkansas is:

• Schedule I - which have the highest potential to be abused and includes hallucinogens and opiates
• Schedule II - these drugs typically may be prescribed for a patient but are also likely to be abused. These drugs include amphetamines and raw opiates
• Schedule III - with a lower expectation of dependence, the drugs in this class include anabolic steroids and pentobarbital 
• Schedule IV - prescription drugs like diazepam and tramadol with accepted medical uses and lower chance of addiction
• Schedule V - many over the counter drugs like pseudoephedrine fall into this category. They are considered the least dangerous drug with the lowest likelihood of addiction
• Schedule VI - marijuana falls into this category and most people believe they are the "most dangerous" drugs with the highest likelihood for abuse and addiction

Classification of drug penalties

Drug possessions are classified as misdemeanor or felony charges depending on amounts as well as drug classification. It is worthy of note than a "gram" is actually considered "0.035274" (three tenths) of an ounce which is a very small amount.

Possession of a Schedule I or II drug, other than methamphetamine or cocaine is a felony.  Felony charges are broken into three categories, depending on the amount you possess.

• Class D felony - possession of less than two grams
• Class C felony - two grams to one ounce
• Class B felony - possession of one ounce to three and a half ounces

Schedule III drugs have less stringent penalties in so far as they do have misdemeanor classification. Charges for possession include:

• Class A misdemeanor - possession of less than two grams
• Class D felony - possession of more than two grams but less than one ounce
• Class C felony - possession of one ounce but less than seven ounces (200 grams)
• Class B felony - possession of less than 14 ounces (400 grams) but more than seven ounces (200 grams)

Schedule IV and V drugs have the same classifications for misdemeanor and felony charges. They are:

• Class A misdemeanor - possession of any amount under one ounce (28 grams)
• Class D felony - possession of any amount between one and seven ounces
• Class C felony - possession of amounts between seven and fourteen ounces
• Class B felony - possession of more than fourteen ounces but less than twenty eight ounces

Schedule VI drugs present a more nuanced approach to charges since oftentimes, consideration for prior acts as well as amounts are included in the determination of how to file charges which include:

• Class A misdemeanor - no prior possession charges and found in possession of less than four ounces
• Class D felony - two prior convictions for possession and found in possession of one to four ounces or possession between more than four ounces but less than ten pounds
• Class C felony - possession of  more than ten pounds but less than twenty-five pounds
• Class B felony - possession of  more than twenty-five pounds but less than one hundred pounds
• Class A felony - possession of more than one hundred pounds but less than five hundred pounds

Keep in mind the higher the amount, the more likely you are to be charged with possession with intent to distribute. This will enhance the charges against you and can be very serious if you have had previous convictions for possession of any substance.  In the next portion of the series, we'll discuss the potential sentencing you may face if you are arrested, tried and found guilty of possession charges.

Keep in mind, if you are arrested for any type of drug possession, it is imperative to contact an Arkansas criminal defense attorney immediately. You have far more at risk than facing a criminal charge including potential issues finding work and housing, losing your right to bear a firearm and your right to vote.

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Arkansas theft and shoplifting charges

Being charged with shoplifting or petty theft may seem rather inconsequential when it happens, however, if you are convicted of either of these Arkansas theft charges, the long-term ramifications may be more significant than you think. An Arkansas theft conviction can follow you for the rest of your life and result in lost job opportunities as well as difficulties finding a home.

Understanding Arkansas theft charges

Like most states, Arkansas has "degrees" of theft. The charges vary based on the value of the property and/or the methods used to obtain that property. The most common theft charges fall into these categories:

• Class A Misdemeanor - the theft of property where the value is less than $1,000
• Class D Felony - stolen property is valued at under $500 but the theft(s) occurred as a series; e.g. three or more occasions over three days
• Class D Felony - theft of property valued at more than $1,000 but less than $5,000 or stealing a firearm valued at less than $2,500
• Class C Felony - property valued between $5,000 and $25,000 was stolen or a firearm was stolen valued at more than $5,000
• Class B Felony - any theft that involves property valued at more than $25,000

The penalties for Arkansas theft convictions

When a someone is convicted of theft in Arkansas, the penalties vary based on the class of theft as well as whether or not shoplifting was involved. In the case of shoplifting, the person convicted may

Minnesota Gun Possession Laws

Minneapolis criminal defense attorneys know it is not uncommon to have a client call about gun charges they are facing. Gun laws must be obeyed and there are very specific laws about who may not own or be in possession of a firearm. 

Both federal laws and Minnesota laws contain specific prohibitions on possession of a firearm and certain individuals may be denied a permit to carry or purchase a weapon .When these individuals are found in possession of a firearm, they can face serious criminal charges. Some of the common reasons for being denied rights under the Second Amendment include:

• Conviction or outstanding charges for violent crime
• Conviction resulting from domestic violence
• Users of illegal drugs are barred from possessing a weapon
• Illegal entry into the United States or renouncing U.S. citizenship
• Those who are dishonorably discharged from military service
• Those who have been found to be mentally disabled or ill

Federal Drug Charges: Real Consequences

When you are facing charges on a federal drug charge, you will want to immediately contact a criminal defense lawyer to avoid facing minimum sentencing requirements. Even a first federal offense for manufacturing, distributing, or possessing with intent to distribute, can mean as long as ten years in prison and even longer if someone is injured.

Someone who is convicted of possession of 50 g+ methamphetamine could face federal charges for distribution or possession. While there are some instances where these charges could result in five years incarceration, the consequences of a federal drug charge are significant.

Life after federal conviction

Once you have served a significant period of time in prison for a federal drug crime you will face many obstacles including:

• Restoration of voting rights - in order to regain the right to vote you will have to finish any probationary period and pay all fines.
• Firearms rights - you may lose your right to own a firearm and if found with one you could face additional felony charges.
• Lifetime of felony acknowledgement - job applications, loan applications and even apartment building owners may ask if you have ever been convicted of a felony. If you have to answer yes, your job prospects as well as where you can find a home may be at risk if you are convicted of a felony.

Whether you are facing federal drug charges, charges under RICO statutes or other crimes that may involve a conviction for a federal crime, you need an attorney who can fight for your rights in federal court. Do not take these charges lightly as they will have a lasting impact on your freedom and your life. Contact a qualified federal criminal defense attorney if you are facing felony charges and let us help fight for your freedom and your future.

Arkansas: Implied consent and DUI

Like many other states, Arkansas drivers are bound by implied consent laws. Implied consent means when you applied for your drivers license, you agreed should you be pulled over on a suspicion of driving under the influence (dui) you would subject yourself to a "field sobriety test", which is generally done using a breathalyzer at the scene.

What is implied consent?

According to the legal dictionary, implied consent is "Consent that is inferred from signs, actions, or facts, or by inaction or silence". In effect, your action (e.g., getting behind the wheel of your car) means your action gives law enforcement officers the right to request a toxicity screening.

What happens when you refuse?

Interestingly enough, the refusal of a breath test may be as damaging (or more so) than actually taking the test. Taking a blood alcohol test of any kind may prove you have been drinking however, refusing to take one may be used against you when you go to court as the officer may bring this to the court's attention and use it to say "refused to take BAC". This could result in the court feeling you were hiding something.

Your driver's license and refusal

According to the Arkansas Department of Finance and Administration (who handles driver's licensing in Arkansas) when you are arrested, the officer will take your driving license. In place of your license, you will receive a slip that allows you some temporary driving privileges. This slip also notifies the driver they must make arrangements for an Administrative Hearing within a specific time period. Keep in mind, these hearings are not the same as going to court but may have serious consequences. In the case of a refusal to submit to a BAC, this will be noted during this hearing and could result in suspension of your driving privileges for upwards of six months. Specifically the rule is  "If at the hearing, the person is found to driving while intoxicated, or registered a BAC .08%, or refused the BAC test the driver’s license will be suspended for 6 months for 1st offense DWI, and/or 180 days for 1st offense Refuse Test."

When you are stopped for a DUI or DWI, it is imperative you follow the instructions of the law enforcement officer. Be sure to contact an Arkansas DUI attorney immediately to help you protect your rights. While you may refuse field sobriety tests, it is important to understand the long-term ramifications of this decision.

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