Best Criminal Defense Attorneys in Fort Smith

FAQs

• What is the non-emergency contact number for the local police station in Fort Smith, Arkansas?

  479-709-5000 is the non-emergency contact number for the local police station in Fort Smith.

• Where can I get a copy of police reports for incidents related to my case in Fort Smith, Arkansas?

  To acquire a copy of the report, go to https://www.fortsmithpd.org/index.php/how-do-i/find-an-incident-report. To retrieve your report, you must provide the following three pieces of information: your call for service number, your last name, and the date the report was filed.

• What is the criminal process in Fort Smith?

  The criminal process in Fort Smith typically begins with a police investigation, followed by an arrest and arraignment where the defendant pleads guilty or not guilty. Pretrial release inquiries may be conducted, and plea bargaining and hearings may take place prior to a trial. If a plea deal is not reached, a judge or jury will determine guilt or innocence during the trial. In the event of a conviction, a separate sentencing hearing will be held, where the court imposes a penalty.

• What are the penalties for criminal convictions in Fort Smith?

  In Fort Smith, crimes are separated into two classes: misdemeanors and felonies. Misdemeanors include public intoxication, reckless driving, prostitution, theft of property worth $1000 or less, and assault (unless it is classified as aggravated assault, in which case it is a felony). Felonies include murder, rape, domestic violence, drug trafficking, arson, and robbery. Penalties for convictions can include fines, jail time, and a criminal record.

• What should you consider when choosing a Fort Smith criminal defense attorney?

  When selecting a criminal defense attorney in Fort Smith, you should consider their experience, chemistry with you, litigation experience, confidence, demeanor, and reputation for aggressively defending their clients in criminal matters. Reviews and referrals can provide insights into an attorney's reputation. A lawyer with a good reputation for aggressively defending their clients is more likely to provide the same service to you in your case.

• How long will the Fort Smith traffic ticket stay on your record if you can't keep it off?

  In Fort Smith, a traffic ticket will remain on your driving record for three years if you cannot keep it off. Although potential employers cannot view it after that time, it will still be visible to law enforcement and courts for future penalties. To keep the ticket off your record or reduce the charges, consider hiring a criminal defense attorney who can negotiate with the prosecutor, seek deferred adjudication, or fight the ticket in court.

• Which drug offenses qualify for expungement in Fort Smith?

  The Arkansas Drug Court Expungement Act allows individuals in Fort Smith who are undergoing a drug court program to seek expungement of offenses to which they have pleaded guilty or no contest in that court. Those who have completed a drug court program, received aftercare programming, and met eligibility criteria may also seek expungement of drug offenses and other convictions in other courts. It's worth noting that not all drug offenses are eligible for expungement under this Act.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.