Little Rock Criminal Law Blog

On May 29, Bella Vista police officers executed a stop of a vehicle en route to the Wakarusa Music Festival in the Ozarks. The reason for the original stop was not stated. All four occupants of the vehicle were arrested on drug charges.

The officer claimed to have developed reasonable suspicion that there were drugs in the car during the stop. As a result, he called a K-9 unit to bring a dog to sniff the vehicle to determine whether they may be drugs inside the car. Officers then searched the vehicle, claiming to have found street drugs valued at approximately $5,000. The search allegedly revealed Xanax pills, marijuana, LSD, an unidentified white powder and Psilocybin mushrooms. The vehicle also allegedly contained cookies that had been made using marijuana.

On May 7, the U.S. Marshal's Service wrapped up a three-year investigation that focused on sex offenders across the nation. Law enforcement personnel took nearly 350 people into custody who had not complied with sex offender registration requirements. At least four of the group had lived in Arkansas at one point. Individuals who commit certain types of sex crimes are required by law to register their address with local authorities in an effort to help keep communities safer.

Marshals prioritized their arrests based on the person's risk to the community and criminal history of sex crimes. As of May 7, they had tracked down 427 of the 444 wanted offenders, including more than 80 people who had left the country. The offenders had been convicted of more than 500 sex crimes.

An 42-year-old Arkansas prisoner who pleaded guilty to the 2011 rape of a teenage girl during a sanctioned release was sentenced to 20 years in prison on April 28. The defendant had been out on a weekend furlough visit to see his mother although the county prosecutor strongly vetoed the idea. However, the prisoner had no history of crimes against children or of sex crimes.

The defendant did have a serious criminal history that included a 2003 conviction of stabbing and beating his wife in front of her children. He received a 45-year sentence for the violent attack. The prosecutor observed that someone with such a violent history should not be eligible for furlough release. However, the prison reported that the defendant had demonstrated good behavior during his prison term. Usually, his criminal history and the violent nature of the crime would exclude him from a furlough. The Arkansas Department of Correction made the final decision for the prisoner's release and claimed they followed procedure.

A bill that would allow prosecutors to charge sleepy drivers with negligent homicide in fatal car accidents has passed the Arkansas Senate by a 23-to-2 vote. This new bill allow prosecutors to add nearly the equivalent of murder charges when it can be shown that drivers have not had sleep within 24 hours of being behind the wheel.

Drivers who cause accidents due to lack of sleep can now be prosecuted for criminal actions. In the past, several cases were brought to the attention of legislators that showed the inability of prosecutors to charge drivers that caused these types of accidents. The bill will now head to the House for debate.