Currently in nursing school and Ive got a 3rd degree domestic battery charge hanging over my head. I'm wondering if a petition to seal will help me in the future to obtain my nursing license. Will this disqualify me from working in healthcare now?
You say conviction and charge. I am not sure if you pled to the charge yet to make it a conviction. Domestic 3rd is a serious misdemeanor with consequences. The two major consequences will involve the nursing license board and your right to carry firearms.
If you pled guilty already, you have 30 days to file an appeal to Circuit Court. If you didn't, you should try to fight your case in district court. I highly advise you contact a criminal lawyer. I've seen the AR nursing boards deny people for a domestic battery 3rd before, unfortunately.
There is often a specific way to plea these cases that will not harm your nursing future if you have a pretty good record. If a suitable plea isn't available then trial can be conducted.See question
My brother has been held in count jail for almost 5 months now and hasn't gone to court. We were told that if they hold him for 8 months without going to court that they have to let him go. Is there any truth in this? We can't get in touch with hi...
Arkansas Rules of Criminal Procedure entitles any incarcerated to a bond hearing within 72 hours. Sometimes these are in the jail or over video court. Also, if they are incarcerated they must be officially charged within 60 days or they can motion to be released from jail. (Note this is not like speedy trial motions where the object is the dismiss the case, this is just to get out of jail). Speedy trial is when the state initiates a case and takes more than a year to bring the Defendant to trial. (If the Defendant takes a continuance this time is not counted.)
I am not familiar with any 8 month provisions. You should get a few opinions from criminal defense attorneys if you want to assist your brother.See question
My fiancee and I got a ride from someone that we didn't really know and he got pulled over and stuffed a grocery bag of drugs in his pants as soon as he was removed from the vehicle, we told the police about his stash, yet they charged me with pos...
Under the doctrine of Constructive Possession as it is viewed by Arkansas Courts, you can both be convicted. Since you didn't own the car, standing is an issue when it comes to arguing Fourth Amendment violations - also the fact that the driver was on probation means he waived his right to contest search. You need a real criminal defense attorney on this one, the fact pattern would be too difficult for an amateur to properly contest this case.See question
I live in Arkansas, and I was driving "recklessly" one night, after picking up some bud from my dealer, the cops followed my car all around town while I dropped him off. I drove to the place I was staying at, and as soon as I put my car in park, i...
Too factually specific. Ask for this post to be removed. 4th amendment issues are highly fact specific and you need to speak with a couple criminal defense attorneys. Many attorneys will take criminal cases, but there are not many criminal defense attorneys. Speak with at least three.See question
I have a theft of property under 500 charge in Little Rock. It has been about 3 or 4 years since it occured. I have not been to court for it at all. I know it would be wise to seek council and I am looking to get it past me. What is the best way ...
Well, the laws on theft of property have changed since you got charged. That is a point of research. Also, if you've had any encounters with the police you may have a stale warrant issue. Those are awesome from a defense perspective, so that is another point of research. Contact a local attorney for a free consult, put a band together and get it handled properly. Theft of property charge messes with employment and is legally considered a crime of dishonesty. Rather than "expunging" you need to avoid the conviction via a competent criminal defense lawyer.See question
While at work I get a call from my husband stating he is sitting in the back of the cop car for apparently drinking and driving while driving into a ditch. He just went to court and received a 6 month pass... how will this affect that? What can he...
There is no such thing as a 6 month pass when it comes to DWI. I'm guessing he pled guilty and is on some probation. You have 30 days from the sentencing date to appeal. You really need to figure out what happened.
Per Arkansas law, a DWI simply cannot be "passed to dismiss." Almost every other charge can, with the exception of commercial driver license tickets and a few things here or there.
I cannot tell you how many times folks didn't understand what happened at court and wished they'd acted sooner. You run out of time very quickly to take action, and you can't circle back a year later and fix it.See question
I was charged with shoplifting but i was fighting the case because i never even tried to leave the store and the things i was charged with was in my cart. I accidentally missed court and i dont know what to do now... my probation will be revoked i...
I'm always agreeing with Mr. Dowden. Let's check the ballistics here though and see if I can add a bit. Arkansas doesn't have a shoplifting statute except with regards to livestock. You've been charged with theft of property under $2500. That is a crime of "dishonesty." It is bad for employment and one of the worst misdemeanors IMO. Call attorneys ASAP and get one to help you with the FTA (Failure to Appear) as well as the rest of your case. If you can't afford one, you want to turn yourself in because your BOND will be lower than if they have to find you. Good luck. (In Lonoke you can call people in Pulaski County as well, but not all lawyers are used to Lonoke - so maybe ask who you call about that.)See question
My attorney has been my biggest regret as far as hiring one, he has done a horrible job representing me on my case since the day i gave him my retainer. He waited till i paid him off and Friday afternoon around 3 I received a email from my attorn...
I agree with both previous answers, but I am not saying you haven't been wronged here. It's possible and likely murky. Communication is a huge issue in a relationship - which is what you and your attorney are supposed to have. I emphasis that greatly when telling someone why they want to hire me. This sounds like miscommunication in a bad way. Of course there is more to the story, but I personally wouldn't put more details on the internet. I would seek some local consults but start off by saying that you had an attorney that filed a motion to withdraw. We need to know that for ethics purposes.
As a lawyer I'll say that some judges will let you withdraw if you aren't paid, and some won't. If it is beyond a money issue, don't get into specifics on the internet. You should have a written retainer and you can request the billing records from the attorney.See question
I got pulled over and told the police they couldn't search and they still did and found drug paraphernalia.
Just adding to Mr. Dowden: simple paraphernalia is a misdemeanor, although it is not a drug charge. Unlike marijuana, there is no mandatory 6 month license suspension. You can be charged with felony paraphernalia if it involves manufacture or distribution of a controlled substance.
Moved to criminal defense, since you didn't mention a DWI charge.See question