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Seth Layton Bowman
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Seth Bowman’s Answers

196 total


  • What can I do ? Is my lawyer working against me

    I was arrested and accused of selling two oxycodone pills to a confidential informant for 15 dollars each I did not do this I have no memory of ever selling any to anyone I was taking pills taking money rom my parents to buy them .of I had the p...

    Seth’s Answer

    Obviously you need to get your hands on that video if it ever existed. If you cannot get the video a motion to dismiss for spoliation of evidence and deprivation of due process sounds about right. Since you are represented by an attorney at this time, I can't do a consultation due to interfering with the attorney/client relationship.

    Keep in mind during interrogation officers will often pretend they have a video to try and get people to confess. They may have sufficient evidence to pursue the case without a video. You need to try and speak with your present attorney, most public defenders do the best they can with the time they have.

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  • How could I go about getting my license back without having to do classes?

    I got a DUI 3 years ago and I work out of town and work from daylight to dark everyday , they expect me to take classes to get my license reinstated but I don't have time to go to the classes.

    Seth’s Answer

    You are not going to get around the classes. The law actually got considerably tougher since 2011, so if you got one more recently, you'd have even more requirements to complete.

    There are a variety of classes available at different times, and on the weekends. Find the time or eventually you will get jail for suspended license. A lot of the times courts charge a license suspended due to DWI under the statute that provides for 10 days MANDATORY jail time. While there are defenses to that since technically you were suspended due to DWI, but the time tolled on it (assuming it was a DWI 1), you would almost certainly have to hire an attorney to get the prosecutor to acknowledge these defenses.

    So, yea, take the classes. It isn't optional and there are no waivers I am aware of.

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  • Is this considered a class d felony and will he do jail time?

    my fiancé breaks went out on him last night and he hit the railing in front of a Chinese restaurant. he then panicked and left the scene and drove the car home.

    Seth’s Answer

    Your question is specific enough to be treated like an admission, and I recommend you remove it.

    Per Arkansas law, leaving the scene of an accident with property damage is a Class A Misdemeanor. If there was anyone harmed, it would be a Class D Felony.

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  • What will happen to me when I go to court?

    I went through a check point over the New Year's holiday and my passenger was smoking. We both got charged with possession, however, i was not smoking. This is my second possession charge.

    Seth’s Answer

    I'm assuming when you say smoking you mean it is allegedly marijuana, which simple possession means.... Class A Misdemeanor......whether it is first or second conviction. That is up to a year in jail and $2500. If you hire a decent attorney, they will pull the transcript from your prior charge - which I am assuming is a conviction based on your wording. You could have used Act 346 or another "custom" plea arrangement that impacts this present charge - so it matters.

    If you are the owner of the car, the State will argue you possessed all the things in the car. This isn't always the case. You need to talk to a lawyer and say if they actually found any substance that is allegedly marijuana. (Don't do that on the internet.) You cannot possess a smell, although they would try to use any purported admissions as proof you did. The officer probably wrote a report that said he searched your car because he smelled marijuana, but your attorney must run a fourth amendment analysis on this. They have to look at Arkansas Rules of Criminal Procedure 2.2 and 3.1 and the surrounding caselaw.

    Since this is a roadblock, there are additional considerations. Recent developments in the roadblock laws in our State are active. I believe it was John Collins who won a roadblock challenge in the AR Supreme Court this year. Basically, the State has to have a plan to do a roadblock. They can't make up the plan after the fact. They have to comply with the technicalities to get the conviction.

    I bet there's a few criminal defense attorneys already working on other cases from this checkpoint. I might be, depends on where it is. This matters because Freedom of Information Requests are often very helpful in checkpoint cases. Checkpoint defense is often coordinated among several defense attorneys.

    P.S. It is routine for two people in a car to be convicted of possessing the same item, so don't think it ends automatically if the passenger pleas guilty.

    Good luck. Most criminal lawyers give free consultations, take advantage of that.

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  • Can I get a Id in Arkansas if I have warrant out for me

    I have a warrant out I wasn't currently aware of til a received a letter . The letter was sent to previous address and it was for failure to pay fees with case that was closed in 08. It has cash bond of $500. I got letter a few days later that...

    Seth’s Answer

    What I do in these situations is contact the court and prosecutor. This is easy in some courts, but can take time in others. I tend to set it for a court date and quash the warrant. If you haven't already pled to the underlying offense I try to merge or amend to protect client's record.

    Some courts aggressively arrest on traffic warrants, others don't. You are subject to arrest with an outstanding warrant, but fixing it is not too bad. Call a criminal lawyer around the court.

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  • Can she serve a minor, I am the legal guardian of my granddaughter and I don't want her involved in this mess

    My son and his girlfriend were arrested at our house, him for possession of drugs, drug paraphernalia, instrument of crime related to drug paraphernalia, firearm, hers possession of drug paraphernalia, instrument of crime related to drug parapher...

    Seth’s Answer

    I was just in Wynne, AR this morning. First of all, it sounds like a messy situation. Here's my thoughts:

    1) If this is a District Court case, subpeonas are a lot less common than in Circuit Court. (Could be either, but I am assuming Circuit since the firearm charge is most likely certain person in possession - but that could be charged a misdemeanor firearm possession.)
    2) I've never seen a non-attorney subpeona someone properly. I reckon it could happen but would consider it rare.
    3) Whenever I subpeona witnesses, I strongly advocate my client not speaking to the subject of the subpeona.

    This leads me to doubt the veracity of the person speaking with you about your 14 year old. That being said, there is nothing that prevents a subpeona on a 14 year old that I am aware of. We've had people younger than that testify. The Judge's tend to make special accomodations.

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  • What will happen?

    I'm 17 and I have to appear in court tomorrow morning with my dad, i know it's really late to post this but I just found this site, for going 23 over the speed limit. it was at 12:01 am and on a road that had nobody on it. The cop was really nice ...

    Seth’s Answer

    Is this the date on your ticket you are appearing for? If so, it is just a plea and arraignment. That means you either say guilty or not guilty - not much else to it. They'll schedule for a trial date after that. If you don't have prior offenses it is likely you can get a civil penalty or probation. You can maybe do this without a lawyer, but a good lawyers makes sure your record is protected and all the paper work goes right (I've seen a ton of errors...)

    I don't think a day goes by when I don't get a call from someone wishing they didn't just plea guilty.

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  • I left the United States. I had a court date for driving without an interlock device, because of a DUI. Can I come back?

    student visa. record: A misdemeanor theft, finished probation. I was cleared. DUI, paid fees. had to drive with an interlock device.

    Seth’s Answer

    I always run immigration questions by Lawrence Orta, but the mandatory minimum sentence is 10 days jail for this offense if it was committed during your administrative suspension period.

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  • What constitutes 'probable cause' for a public intox arrest? Is there a test, or is it simply left to the officer's discretion?

    I was arrested without so much as a 'follow this pen' and faced a parole violation because of this

    Seth’s Answer

    Here is the statute for Arkansas. You'll notice this is a fairly vague statute, because the prosecutor has to prove either that someone was a danger or that they just "unreasonably annoy" someone. We've had to argue about this several times because there are big immigration consequences. The officer would have relied on the "Arkansas Rules of Criminal Procedure" to initiate a stop. If I was fighting a charge like this, I would have to figure out what theory they were going to rely on to begin the stop - and then try to deter that argument.
    _____________

    5-71-212. Public intoxication

    (a) A person commits the offense of public intoxication if he or she appears in a public place manifestly under the influence of alcohol or a controlled substance to the degree and under circumstances such that:

    (1) The person is likely to endanger himself or herself or another person or property; or

    (2) The person unreasonably annoys a person in his or her vicinity.

    (b) Public intoxication is a Class C misdemeanor.

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  • Is admission to drug use enough for a conviction?

    A friend was in a texting argument with her sister in law about her and her boyfriends drug use. In the text her sister in law specifically says that her boyfriend does not use drugs anymore, but she does. Is that enough for a conviction if shown ...

    Seth’s Answer

    I don't see a prosecutor doing anything with those texts. Now a divorce lawyer or DHS could be a totally different story....

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