Criminal Defense

Criminal Law

Being charged with an offense can be one of the most stressful experiences of your life. You will be facing jail or prison time if convicted. There is a complex set of laws that apply to cases like yours that affect your rights and freedom.

If you are convicted of a felony, or even a misdemeanor that involves domestic violence you will lose your right to possess a firearm.

We handle all criminal charges. At Green & Gillispie we immediately get to work once retained and fully investigate your case. We keep you fully informed throughout your case, provide you copies of the evidence, and fight hard to protect your rights and get the best result possible.

In Arkansas there are two basic types of offenses: felonies and misdemeanors. The possible punishment for these offenses is as follows:

Y class Felony: 10-40 years in prison, or life without parole.
A class Felony: 6-30 years in prison, and/or fine up to $15,000
B class Felony: 5-20 years in prison, and/or fine up to $15,000.
C class Felony: 3-10 years in prison, and/or fine up to $10,000.
D class Felony: 0-6 years in prison, and/or fine up to $10,000.
A class Misdemeanor: up to 1 year in jail, and/or fine up to $2,500.

If you have two (2) or more prior felonies you will be subjected to a greater amount of prison than that listed above, and probation will not be available (unless we convince the prosecutor otherwise).

A full investigation into your case is essential in order to put together the best defense possible. This includes getting a copy of the state’s file, evaluating and analyzing the evidence, conducting interviews of necessary witnesses, and other work as needed. Also, it is important to be able to recognize if the police violated your rights. If they did violate your rights we can file a motion to have the judge exclude the evidence against you.

YOUR RIGHTS

DO NOT TALK TO THE POLICE.

You have an absolute right to remain silent and insist on having an attorney present before the police question you. It is important that you tell the police “I want to invoke my right to remain silent and to have an attorney.” If you invoke your rights this way the police must stop questioning you. If they do not we will be able to file a motion to suppress any statements you may make. The police are permitted to lie to you when they question you. In fact, they are trained to use deceitful tactics to trick you into talking. They may say they just want to get your side of the story, but they really are trying to build a case against you. Don’t fall for their tricks—invoke your rights—CALL US TODAY!

A question we often get is whether the police have to read a person their rights. The general rule is that the police do NOT have to read you your rights if they arrest you—they only have to read you your rights if you are in custody AND THEY WANT TO QUESTION YOU. If they violate this rule, the proper motions need to be filed to protect your rights.

Accused of a Crime?

DO NOT CONSENT TO ANY SEARCH.

You have the right to refuse consent to search your vehicle, home, business, or person. You will rarely be helping yourself by giving consent to search. The police will not ignore drugs or other contraband just because you were “nice” and gave consent—you will be arrested and charged. Do not help the police and prosecutor convict you by giving consent—make them get a warrant. Politely, but firmly, tell the officer that you do not wish to give consent to search. Also, ask if you are free to go. If they tell you that you are free to go—leave. Do not stick around to help them build a case against you.

DWI LAW

Being arrested for a DWI will result in a suspension of your license for six (6) months, possible jail time, large fines, and increase your car insurance.

There are three (3) standardized field sobriety tests:

Horizontal Gaze Nystagmus (HGN)—this is a test to determine if your eyes show a jerking type motion. This can be caused by alcohol, but can be caused by other factors.
Walk and Turn—this is a test where you walk nine (9) steps, turn and walk nine (9) more. This test can be failed before you take the first step—it is important to have an attorney who fully understands these tests.
One Leg Stand—this is a test where the officer has you hold your foot off of the ground for thirty (30) seconds (although they don’t tell you the time limit when you start).

These tests are designed to not only test your balance but also your ability to pay attention to directions and multitask. If the officer did not administer these tests as he is required to, then the tests are invalid. It is important to have an attorney who is very familiar with these tests and who has the experience needed to properly cross-examine the officer about these tests. Also, if you blew in the machine at the station, we will fully investigate the machine and all of its records to see if it is vulnerable to attack. These machines are not perfect and can be beat under the right circumstances.

DWI is punishable by jail as follows:

DWI—1st offense: 1 day—1 year in jail. (1 day is required minimum)

DWI—2nd offense: 7 days—1 year in jail (7 days is required minimum)

DWI—3rd offense: 90 days—1 year in jail (90 days is required minimum)

DWI—4th offense: 1 year—6 years in prison (1 year is required minimum)

In addition to the above jail time, you could be subjected to thousands of dollars in possible fines.

Your case will get the personal attention you deserve from an experienced attorney—we will stand up for you and protect your rights and keep you fully informed throughout your entire case.