Practice Areas and Legal Definitions

DUI (Driving Under the Influence)/ DWI (Driving While Intoxicated):
A DUI or DWI occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DUI/DWI conviction stays on a DMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit.  Plus, a DUI/DWI could also jeopardize your employment opportunities.

Drugs and Narcotics Charges:
Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs.

Most states have laws that give different treatment to possession of different categories of drugs (i.e. prescription drugs, marijuana, crystal methamphetamine), and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom.

Serious Violent Crimes and Murder:
By definition, a violent crime is a behavior by persons, against persons or property that intentionally threatens, attempts or actually inflicts physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record will determine the seriousness of the charge. Most violent crimes are considered felonies and are subject to be considered a "strike" in a state that has adopted three strikes laws. Violent criminal charges can include: aggravated assault, arson, assault and battery, domestic violence, hate crimes, homicide, larceny, rape, manslaughter, mayhem and murder.

One of the most serious areas of violent crime is homicide - killing a person, whether lawfully or unlawfully. Justifiable homicide and excusable homicide are lawful homicides, while criminal homicide, negligent homicide, reckless homicide and vehicular homicide are unlawful homicides. Unlawful homicide comprises the two crimes of murder and manslaughter.

Domestic Violence:
Domestic violence is any physical, emotional, sexual or other violence that takes place between people who may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating. Domestic violence can be criminal and include physical assault: hitting, pushing and shoving, etc., sexual abuse: unwanted or forced sexual activity, and stalking. Domestic violence charges can have a serious impact on your life.

Sex Crimes:
Sex crimes can include such charges as: Child Abuse, Child Pornography, Date Rape, Failure to register (as a Sex Offender), Indecent Exposure, Internet Porn, Lewd Conduct, Marital Rape, Molestation, Obscenity, Pedophilia, Pornography, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sodomy and Statutory Rape. Many sex crimes are considered felonies and require convicted defendants to continually register themselves as publicly recognized sex offenders with the local and state authorities where they live and work. Charges of sexual misconduct carry extremely serious penalties and these crimes are commonly punished more severely than any other crime except murder. Sexual misconduct is seldom witnessed by anyone other than the accuser and accused and the risk of conviction of an innocent person is drastically higher in these cases.

Felony Crimes:
Felony Crimes involve drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault and battery. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote.

Misdemeanors:
Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In many jurisdictions and in certain types of cases defendants who can't afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a city court or municipal court.

White Collar Crimes:
High-tech professionals, corporate executives and clergy who are criminally charged for offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasion or bad checks are often referred to as "white collar" offenders and are prosecuted for white collar crimes. In some cases, first-time offenders are convicted and sent to prison, even with no prior criminal history. An arrest and conviction for one of these crimes can have a serious impact on your life.

Fraud:
In criminal law, fraud is the crime or offense of deliberately deceiving another in order to damage them — usually, to obtain property or services from him or her unjustly.  Fraud can be accomplished through the aid of forged objects. In the criminal law of common law jurisdictions it may be called "theft by deception," "larceny by trick," "larceny by fraud and deception" or something similar. Fraud can be committed through many methods including mail, wire, phone and the internet.

Expungement Motions:
An Expungement of your record results in the extraction and isolation of all records on file with any court correctional facility or law enforcement agency. The records that are expunged include complaints, warrants, arrests reports, commitments, criminal history records, fingerprints and your rap sheet.

Contrary to popular belief, your record is not automatically cleared or expunged with the passage of time. Even if you were never found guilty, an arrest is not expunged unless a court grants your Expungement petition. State statutes impose application guidelines and waiting periods for various types of arrests and convictions. The guidelines provide instruction for what can be expunged and set forth certain specific types of offenses that cannot. The guidelines also impose waiting periods that are calculated from the completion of the sentence imposed by the court.

It is important to note that an Expungement does not destroy records; it extracts and isolates the records. Under most circumstances, once an Expungement has been granted those records cannot be disclosed. A person who has been granted an Expungement can respond that he or she has no conviction when asked a question about having a criminal record. Exceptions to this rule include a person seeking a second Expungement, a person seeking a conditional discharge, and a person seeking to obtain employment in law enforcement.

What to bring to a consultation:

• A copy of all papers pertaining to your arrest(s);
• A copy of all court papers pertaining to the disposition of the charge(s) you want expunged; and,
• A copy of any report pertaining to the completion of any probationary or diversionary treatment program.

Juvenile Delinquency:
Delinquency is a legal term for criminal behavior carried out by a juvenile. Delinquent behavior is divided into two categories: status offenses and delinquency offenses. Status offenses are those acts which would not be considered offenses if committed by an adult, such as school truancy, running away from home, alcohol possession or use, or curfew violations. Juvenile Delinquency offenses involve destruction or theft of property, commission of violent crimes against persons, illegal weapon possession, or the possession or sale of illegal drugs.

Juvenile Court:
Juvenile court is unique and should not be treated as if it were adult court for young clients.  While the substantive criminal law is the same in juvenile and adult court, the procedures and sentencing law are substantially different.  The consequences of a misstep by an attorney inexperienced in juvenile matters can be devastating. For example, contrary to what many parents believe, a juvenile conviction is not removed from a child's record when he or she turns 18.

Despite the rehabilitative focus of juvenile court, juvenile convictions are counted as criminal history in future cases.  They also remain on state criminal records databases and may affect a young person's ability to enter college, obtain employment, financial aid, a driver's license or join the military.   Additionally, juvenile convictions can result in commitment to a juvenile detention facility or institution for periods ranging from days to months and even years. Worse, in some cases, a child may end up being prosecuted in adult court where the punishment is even more severe.

Appellate and Post Conviction:
In an appeal, an appellate court reviews the record of the pre-trial and trial proceedings for legal errors. The record includes the court file, the court reporter's transcript and the evidence and exhibits introduced in the trial court. In general, an appellate court does not consider information that is not contained in the record.

A post-conviction petition is the general name for what is called a "collateral attack" on a conviction. In federal court, they are called habeas corpus petitions. By using a post-conviction petition, a defendant generally can bring evidence before the reviewing court that was not part of the record on appeal, and in this way raise issues that would otherwise not be reviewed.

Internet Crime:
Internet crime is defined as any illegal activity involving one or more components of the Internet such as websites, chat rooms and/or email. Internet crime involves the use of the Internet to communicate false or fraudulent representations to consumers. These crimes may include, but are not limited to, advance-fee schemes, non-delivery of goods or services, computer hacking, phishing, pharming, programming worms, viruses or employment/business opportunity schemes.

Traffic Crimes:
Traffic crimes are specifically addressed in state statutes. The complex body of law that regulates the operation of motor vehicles on the streets and highways can be difficult to interpret and apply.  Examples of traffic crimes include reckless driving, aggressive driving, drag racing, and driving with a suspended license.

Driving with a Suspended License:
Driving with a suspended or revoked license is considered a crime, and can result in heavy fines and possible jail time. At worst, it may be considered a felony, and the offender could end up in state prison or with an obligation to perform many hours of community service. The penalties are typically heaviest if the license suspension or revocation was the result of a conviction for driving under the influence of alcohol or drugs (DUI/DWI).

Driver’s License Revocation:
Typically, a driver’s license will not be revoked for one or even two traffic tickets resulting from a moving violation such as speeding, running a stoplight or stop sign. However, if the offense is extremely reckless and/or if the driver has had previous convictions for moving violations in the past, his or her license may be revoked or suspended. If the driver is charged with drunk driving, reckless driving, or is involved in a hit-and-run, the defendant’s license may be suspended for a year or more.

If you or someone you know in Arkansas needs the assistance of an experienced Arkansas Criminal & DUI/DWI Attorney, call Bennett & Williams today at 866-615-3387, or complete the contact form provided on this site to schedule your free consultation.

Professional Profiles

• Brad J. Williams

DUI/DWI & Criminal Law Qualifications

• DWI Detection and Standardized Field Sobriety Testing Instructor Course (2009 - Atlanta, GA)
  
  • The same four (4) day training course given to police officers to qualify them to instruct and train other police officers and persons to perform standardized field sobriety testing.
  • Recognized by the National Highway Traffic Safety Administration (NHTSA) and International Association of Chiefs of Police (IACP).
• Advanced Roadside Impaired Driving Enforcement (ARIDE) (2009 - Atlanta, GA)
  • The same two (2) day training course given to police officers to qualify them to detect drugged drivers.
  • Recognized by the National Highway Traffic Safety Administration (NHTSA) and International Association of Chiefs of Police (IACP).
  • Mr. Williams and Mr. Bennett are the FIRST AND ONLY defense lawyers in Arkansas with this training.
• Alco-Sensor FST Operator Certification presented by Intoximeters, Inc. of Saint Louis, MO (2009)
  • The Alco-Sensor is a series of portable breathalyzers used by law enforcement.
  • This certification course covers the theory, operation, and maintenance of the Alco-Sensor FST model of breathalyzer and certifies the participant to operate the Alco-Sensor FST.
• Alco-Sensor FST Supervisor Certification presented by Intoximeters, Inc. of Saint Louis, MO (2009)
  • This certification course covers the same material as the Operator course with the addition of the calibration of the Alco-Sensor FST, and it certifies the participant to supervise the operation of the Alco-Sensor FST.
• "Mastering Scientific Evidence" presented by the National College for DUI Defense (2009 - New Orleans, LA)
• Certification in Operation and Maintenance of BAC DataMaster (2009 - Mansfield, OH)
  • The BAC DataMaster is the brand of "breathalyzer" that is currently used in the State of Arkansas.
  • This certification course at the BAC DataMaster factory in Mansfield, OH, covers the theory and science of evidential breath alcohol testing and certifies the participant to operate and perform essential diagnostic verifications and calibration checks on the BAC DataMaster.
• Drug Recognition Expert (DRE) Course for legal professionals (2008 - Atlanta, GA)
  • A three (3) day overview of the course given to law enforcement officers trained to arrest individuals for "DWI Drugs."
  • Recognized by the National Highway Traffic Safety Administration (NHTSA) and International Association of Chiefs of Police (IACP).
  • Mr. Williams and Mr. Bennett are the FIRST AND ONLY defense lawyers in Arkansas with this training.
• Graduate of the prestigious Trial Practice Institute of the National Criminal Defense College at Mercer University School of Law (2008 - Macon, GA)
• DWI Detection and Standardized Field Sobriety Testing Student Course (2008 - Dallas, TX)
  • The same three (3) day training course given to police officers to qualify them to perform standardized field sobriety testing.
  • Recognized by the National Highway Traffic Safety Administration (NHTSA) and International Association of Chiefs of Police (IACP).
• "Mastering Scientific Evidence" presented by the National College for DUI Defense (2008 - Dallas, TX)

Education

• University of Arkansas at Little Rock, William H. Bowen School of Law (Little Rock, Arkansas)
  • Juris Doctor, 2004
• Hendrix College (Conway, Arkansas)
  • Bachelor of Arts in History with minor in Economics, 2000

Legal Background

• Law Offices of Bennett & Williams, Managing Partner & Founder
• Arkansas Municipal League, Law Clerk

Professional Associations

• National College for DUI Defense
• National Association of Criminal Defense Lawyers
• Arkansas Association of Criminal Defense Lawyers
• Arkansas Trial Lawyers Association
• American Immigration Lawyers Association
• Arkansas Bar Association

Bar Admissions

• Arkansas, 2004
• United States District Court, Eastern & Western Districts, 2005
• United States Court of Appeals, Eighth Circuit, 2005

• Tommy L. Bennett

DUI/DWI & Criminal Law Qualifications

• DWI Detection and Standardized Field Sobriety Testing Instructor Course (2009 - Atlanta, GA)
  • The same four (4) day training course given to police officers to qualify them to instruct and train other police officers and persons to perform standardized field sobriety testing.
  • Recognized by the National Highway Traffic Safety Administration (NHTSA) and International Association of Chiefs of Police (IACP).
• Advanced Roadside Impaired Driving Enforcement (ARIDE) (2009 - Atlanta, GA)
  • The same two (2) day training course given to police officers to qualify them to detect drugged drivers.
  • Recognized by the National Highway Traffic Safety Administration (NHTSA) and International Association of Chiefs of Police (IACP).
  • Mr. Bennett and Mr. Williams are the FIRST AND ONLY defense lawyers in Arkansas with this training.
• Alco-Sensor FST Operator Certification presented by Intoximeters, Inc. of Saint Louis, MO (2009)
  • The Alco-Sensor is a series of portable breathalyzers used by law enforcement.
  • This certification course covers the theory, operation, and maintenance of the Alco-Sensor FST model of breathalyzer and certifies the participant to operate the Alco-Sensor FST.
• Alco-Sensor FST Supervisor Certification presented by Intoximeters, Inc. of Saint Louis, MO (2009)
  • This certification course covers the same material as the Operator course with the addition of the calibration of the Alco-Sensor FST, and it certifies the participant to supervise the operation of the Alco-Sensor FST.
• Graduate of the Trial Lawyers College conducted by renowned lawyer, Gerry Spence (2009 - Dubois, WY)
• "Mastering Scientific Evidence" presented by the National College for DUI Defense (2009 - New Orleans, LA)
• Certification in Operation and Maintenance of BAC DataMaster (2009 - Mansfield, OH)
  • The BAC DataMaster is the brand of "breathalyzer" that is currently used in the State of Arkansas.
  • This certification course at the BAC DataMaster factory in Mansfield, OH, covers the theory and science of evidential breath alcohol testing and certifies the participant to operate and perform essential diagnostic verifications and calibration checks on the BAC DataMaster.
• "Mastering Scientific Evidence" presented by the National College for DUI Defense (2008 - Dallas, TX)
• Drug Recognition Expert (DRE) Course for legal professionals (2008 - Atlanta, GA)
  • A three (3) day overview of the course given to law enforcement officers trained to arrest individuals for "DWI Drugs."
  • Recognized by the National Highway Traffic Safety Administration (NHTSA) and International Association of Chiefs of Police (IACP).
  • Mr. Bennett and Mr. Williams are the FIRST AND ONLY defense lawyers in Arkansas with this training.
• Summer Session of the National College for DUI Defense at Harvard Law School (2007 - Boston, MA)
• DWI Detection and Standardized Field Sobriety Testing Student Course (2007 - Little Rock, AR)
  • The same three (3) day training course given to police officers to qualify them to perform standardized field sobriety testing.
  • Recognized by the National Highway Traffic Safety Administration (NHTSA) and International Association of Chiefs of Police (IACP).
• Winter Session of the National College for DUI Defense (2007 - Tuscon, AZ)
• Graduate of the National Defender Training Project (2007 - Dayton, OH)

Education

• University of Arkansas at Little Rock, William H. Bowen School of Law (Little Rock, Arkansas)
  • Juris Doctor, 2003
• Arkansas State University (Jonesboro, Arkansas)
  • Specialist Degree in Community College Teaching, 1998
  • Master of Arts in English, 1996
  • Bacherlor of Arts in English, 1995

Legal Background

• Law Offices of Bennett & Williams, Partner & Founder
• Arkansas Supreme Court, Law Clerk to former Chief Justices W.H. "Dub" Arnold and Betty C. Dickey

Professional Associations

• National College for DUI Defense
• National Association of Criminal Defense Lawyers
• Arkansas Association of Criminal Defense Lawyers
• Arkansas Trial Lawyers Association
• Arkansas Bar Association

Bar Admissions

• Arkansas, 2003

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Arkansas DWI Penalties

PUNISHMENTS IMPOSED BY CRIMINAL COURTS ARE AS FOLLOWS:

Arkansas DWI arrestees may be subject to an ignition interlock requirement.

PENALTIES IMPOSED BY THE ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION: