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John C. Collins
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John Collins’s Answers

27 total

  • What length of sentence is my boyfriend looking at for his first offense which was stealing prescription medication?

    He was at a residence and several other people stole things of major value like a gun and jewlery. But he didnt and he returned what he took.

    John’s Answer

    I agree with Mr. Jones, but before I can answer your question I would have to know how he is charged. If he is charged with residential burglary the penalty is much more severe than if he is charged with Misdemeanor theft. Also, is he charged under an accomplice theory where he is charged as being responsible for the total amount stolen. If res burg then the penalty would be 5-20 years. If charged with theft it depends on the value of the items stolen. Regardless of how he is charged, a qualified attorney could help navigate the system and make sure the State proves he did what they say he did. A misdemeanor theft is certainly a different animal than a residential burglary.

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  • I was sentenced to 60 days in jail for DWI 1. Now I am pregnant. What are my chances of requesting house arrest in lieu?

    I have no priors, was sentenced to do 60 days within 120. I'm dumb apparently and thought it meant so long as I turned in by the end of 120 days I was following my orders. When I went to turn myself in I was refused at intake due to the officer ...

    John’s Answer

    If you are within 30 days of your sentencing and you were in district court file an appeal. If not there are several options. The judge may be able to modify the sentence or the sheriff can define the terms of your jail time. Call a qualified dwi attorney and let them help you with the process. Usually when they tell you to serve 60 days within 120 if gives you the option of weekend jail. In some jurisdictions that means you will not have to spend the night. They also will frequently give you 2 for 1 or 3 to 1 credit.

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  • Can I get my record expunged?

    I have papers on my attempt to get my record expunged, and would like to know what they mean and if it's possible to get it expunged. My phone number is 479-387-0491. Please call after 5:00 P.M. or anytime on the weekenk except 10:00-12:00 when I ...

    John’s Answer

    There are many options for sealing your record in Arkansas. Bailey & Russo is a firm in Mtn Home that could likely help you. Good Luck.

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  • Is a Public Defender Good in a Medicaid Fraud Case?

    I think i need a Lawyer

    John’s Answer

    I know some excellent attorneys in your area that are public defenders. Public defenders generally do not deserve the bad reputation they have gotten. The real difference is the amount of time an attorney will be able to spend on the case. Public defenders have an enormous case load and, quite honestly, I am amazed at how some of them function so extrordinately. Don't fall into the trap of hiring a cheap attorney to avoid a public defender. If the private attorney is too cheap they may not have any more time than the public defender and are likely not as good. Look on AVVO for a white collar crime attorney. Good luck.

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  • Arkansas open container law?

    My wife and I recently went through a safe driving check point (road block). The officer asked for my drivers license and asked me if we had any thing to drink that night. I told him no. He said he smelled intoxicants and asked me to pull over to ...

    John’s Answer

    In Arkansas there is no open container law. Our law is for drinking on the highway. The language of the statute is very specific. Since you and your wife had not been drinking on the highway there is no violation. It may not be worth hiring an attorney (it is only a class c misdemeanor and has a realatively low fine), but it is certainly worth fighting if you are so inclined. The Statute can be found at Arkansas Code Annotated 5-71-212. It is under part c of the public intoxication statute. Good luck.

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  • I was not read my miranda rights for shoplifting under $50 worth of merchandise.

    One of the persons from the store questioned me about the incident without reading me my miranda rights. Is this acceptable?

    John’s Answer

    Miranda does not apply to private citizens being questioned by someone other that government agents. An argument may be made that loss prevention officers are acting with the authority and cooperation of the police, but that argument would likely fail.

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  • I got a DUI 2 years ago. I need to get my CDL License back as soon as possible. What do I need to do to get them back?

    I got my DUI in a road block driving a car. I paid my fine off but companies won't deal with me due to the fact that it is on my record that is not 5 years old because their insurance companies won't deal with it.

    John’s Answer

    You need to call DF&A, driver control division, and tell them what you are trying to accomplish. Getting the cdl back is not impossible, but working for someone else may be difficult. You will need to be insurable. Arkansas law has changed and it is now possible to get your record sealed after five years.

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  • Will you be extradited for a felony DUI?

    My friend is on her way back from a trip and she has a felony warrant out for her arrest. When she arrives at the airport(chicago,nyc and so on) will the state of arkansas extradite her? If not, does this mean that the charges against her will be ...

    John’s Answer

    That are many factors that go into the analysis to answer your question but the short answer is that they can arrest her and hold her until she is brought back to Arkansas. That does not mean that they will, but they can. She should call our office for more complete answers.

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  • When will we hear about possible dui?

    My son was slightly injured in a one vehicle accident in May. Unfortunately, his passenger did not make it. Lab work was taken for possible dui and he was briefly questioned in the hospital. We have yet to hear anything from law enforcement and my...

    John’s Answer

    Brad is absolutely right. You need to start interviewing dwi attorneys right away. It may take some time, but your son could have some very real problems. When the labs do come back you can expect the police to arrest your son if they think alcohol or drugs played a part in the accident. In that event, you will need to have an attorney ready to handle bond hearings and evidentiary hearings very quickly. The defense of this matter will be very expensive so start preparing finances in case the worst happens. I would be happy to discuss the case more fully or you could call Brad. I can without hesitation tell you he is a very qualified dwi attorney.

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  • Can a person be charged with a DUI 3 weeks after a accident, even though they were breath tested and released to drive away?

    I was involved in a accident that was not my fault, which is what is indicated on the police report. Here is the problem that we are having now with their insurance...Before me and husband got in the truck, we had dinner and I had 2 drinks with di...

    John’s Answer

    Todd and Brad are right. Your questioned asked if you could be charged and the answer is yes. Under Arkansas law the police have up to one year to file a misdemeanor charge, however it is extremely unlikely with the facts you present for your case. Insurance companies often look for ways to avoid payment, much like officers look for a way to arrest drunk drivers. If the officer had any reason to think you were impaired he would have surely arrested you on the spot.

    Typically when we see delays in the arrest after an accident it is because the police are waiting on lab results from a blood or urine test. Since that is not the case here, I would simply tell the insurance adjuster to get bent and pay up. I would be happy to refer you to a personal injury attorney that could explain all of this to the insurance adjuster by way of Court filings.

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