Catterlin & Arnold Law FirmCatterlin & Arnold Law Firm2024-02-26T19:15:32Zhttps://www.catterlinlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1604153/2022/06/cropped-ID-image-1-32x32.jpgOn Behalf of Catterlin & Arnold Law Firmhttps://www.catterlinlaw.com/?p=471842024-02-26T19:15:32Z2024-02-26T19:15:32ZNavigating the complexities of being under criminal investigation is inherently stressful. If you are currently under investigation and your situation involves allegations of drug crimes within the framework of a larger conspiracy, you are likely feeling overwhelmed. Not only could your circumstances change your life for the worse, but they’re likely so complex that they’re tough to understand.
Very likely, a good way to start researching your rights and options involves understanding the broad strokes of the Racketeer Influenced and Corrupt Organizations Act (RICO). Initially designed to combat the Mafia and other organized crime groups, RICO has since broadened its reach, becoming a powerful tool for prosecutors in cases involving a wide array of criminal enterprises, including those related to drug trafficking and distribution.
Why does RICO matter?
RICO allows for the prosecution of individuals who have allegedly engaged in a pattern of racketeering activity as part of an enterprise that affects interstate or foreign commerce. Racketeering activity encompasses a variety of crimes, including drug crimes. This means that if you are accused of committing two or more such offenses within 10 years, you could potentially face charges under RICO, in addition to charges for the underlying crimes. This is a potentially consequential concern because a conviction under RICO risks severe penalties.RICO focuses on patterns of criminal activity within an organization, rather than on isolated incidents. This approach allows prosecutors to target not only those who directly commit crimes but also individuals in leadership positions who order or assist in the commission of those crimes. For someone under investigation, this means that even if your involvement in the drug trade is peripheral or indirect, you could still find yourself facing serious charges if you are considered part of a criminal enterprise.
Moving forward
It's important to understand that being under investigation does not automatically mean you will be charged or convicted. Yet, given the severe potential consequences of a drug crime and/or RICO conviction, it is essential to seek legal guidance even though you have yet to be charged with wrongdoing. An experienced attorney can help you navigate the legal system, protect your rights and develop a defense strategy personalized to reflect the specific circumstances of your case. ]]>On Behalf of Catterlin & Arnold Law Firmhttps://www.catterlinlaw.com/?p=471822024-02-22T21:01:48Z2024-02-22T21:01:48Z
Adultery
Impotence (from the start of the marriage)
“Habitual drunkenness”
Being convicted of a felony
Endangering the other spouse’s life “through cruel and barbarous treatment”
Perhaps the least specific fault refers to “indignities to the person of the other as shall render his or her condition intolerable.”
Choosing a no-fault divorce can be a less combative way to end a marriage and less embarrassing for both spouses and their children. It’s also the appropriate choice if, as noted, there’s not specific wrongdoing on the part of either spouse that meets the qualifications for a fault divorce. That doesn’t mean, however, that it’s a quick and easy way to end a marriage.
Understanding the state’s separation requirement
Under Arkansas law, a couple must first “have lived separate and apart from each other for eighteen (18) continuous months without cohabitation…. whether the separation was the voluntary act of one (1) party or by the mutual consent of both parties….”
That means if the spouses spend even one night under the same roof, that 18-month calendar resets. A spouse who wants to postpone a divorce could potentially do this if the other spouse isn’t aware of the law. Note also that at least one of the spouses must have resided in the state for at least 60 days before filing for divorce.
Spouses who don’t want to wait 18 months to divorce sometimes use the “indignities to the person” ground to file a fault-based divorce. This can allow them to skip that waiting period and finalize the divorce a lot sooner. These indignities, however, have to be something serious enough to be “intolerable.”
This is just a brief overview of the state’s laws. Also note that the rules regarding divorce if you have a covenant marriage here in Arkansas are considerably different. As such, if you’re considering divorce – or your spouse has already announced their intention to divorce – it’s important to seek personalized legal guidance as soon as possible. This can help you protect your rights and explore your options for ending your marriage as efficiently as possible.]]>On Behalf of Catterlin & Arnold Law Firmhttps://www.catterlinlaw.com/?p=471812024-02-21T13:57:17Z2024-02-21T13:57:17Zfactors that impact custody can help parents to understand more about what will go into the determinations in a litigated case.
The child's age and health
The needs of the children and their ages may come into the picture. Younger children may require more hands-on care, which could influence the court's determination of which parent is better equipped to meet those needs. If a child has specific health issues or special needs, the court will consider which parent can best manage these aspects of the child's care. This is to ensure they have access to necessary medical treatments and support.
Each parent's ability to provide
The court closely examines each parent's ability to provide for the child in terms of financial resources, emotional support, stability and guidance. This includes looking into the parent's history of involvement in the child's life and their willingness to support the child's relationship with the other parent.
The child's educational needs
The court considers the quality of education the child will receive under each parent's care, including the schools available in their respective areas. The goal is to ensure the child's educational development is nurtured. Any special educational needs or programs that may be required must be considered.
Home environment and stability
The stability of the home environment each parent can provide is critically evaluated. Courts look for a setting that offers consistency, safety and a nurturing atmosphere. This includes assessing the living conditions, the presence of a supportive family network and the absence of negative influences that could affect the child's well-being.
Each parent's willingness to cooperate
The court also considers each parent's willingness to cooperate with one another and encourage a healthy, ongoing relationship between the child and the other parent. This includes the ability to make joint decisions regarding the child's welfare and to communicate effectively.
A family’s parenting plan must reflect the child’s needs and consider how each parent can provide for their child with regard to these concerns. Seeking legal assistance may help parents to learn more about their rights and responsibilities in these situations so that they can make informed decisions accordingly.]]>On Behalf of Catterlin & Arnold Law Firmhttps://www.catterlinlaw.com/?p=471802024-02-14T15:41:40Z2024-02-14T15:41:40ZWhat’s the problem?
Study drugs are still drugs – and when they’re taken without medical need and by the wrong person, they can be physically harmful. In addition, sharing your prescription medication – or buying pills from a friend – is illegal.
In Arkansas, possession of a Schedule II controlled substance, such as stimulants like Ritalin, without a prescription, is a felony. Depending on the situation, a conviction could result in years behind bars, plus fines – and a lot of collateral damage to your future. You could be permanently barred from certain professional licenses, have difficulty completing your education, have trouble finding employment and housing and lose important civil rights.
What if you’re the person supplying the study drugs? Whether you make a buck or two off the exchange or you give it to your roommate out of nothing more than a desire to help them through a rough spot, you can be charged with drug trafficking or distribution. Those charges are not just for stereotypical drug dealers – and the authorities have gotten increasingly harsh in their response to prescription drug crimes.
If you are facing charges related to a prescription drug offense, do not attempt to talk your way out of the situation. It’s far better to exercise your right to remain silent until you can discuss your defense options with an attorney who can help you to protect your interests as you move forward.]]>On Behalf of Catterlin & Arnold Law Firmhttps://www.catterlinlaw.com/?p=471782023-12-07T13:13:03Z2023-12-07T13:13:03ZState records
A parent seeking specific custody terms must convince the courts that those terms are in the children's best interests. The most authoritative records that may play a role in custody matters will come from the state. Perhaps one parent has faced criminal charges related to violence or drug abuse. Maybe the Department of Children and Family Services has investigated the family previously over allegations of abuse or neglect. Records from state agencies can influence what the courts believe would be in the best interests of the children and family. Even school records might help establish a specific timeline of events or certain details about a family's history that can influence the custody terms imposed during litigation.
Personal records
Sometimes, those experiencing spousal abuse or witnessing someone's descent into addiction will not involve state authorities. They may instead maintain a journal detailing what they experience and when. Those records could play a role in custody proceedings, although they will be less authoritative than records from the state.
Individuals may also be able to obtain copies of medical records that could help validate claims of habitual drug use or violence toward the children. In some cases, people may even seek witness statements from neighbors, support workers and others who have direct involvement with the family. They can help convince a judge of an individual's instability or of the nature of the relationship that each parent has with the children. School schedules and employment records can also help when the terms do not necessarily reflect a reduction of one parent's time but rather than need for a very specific schedule or certain accommodations for one parent.
In general, the more supporting evidence someone has when seeking specific custody terms, the better their chances of convincing the Arkansas courts to agree to their request. Proving details about family circumstances can alter what a judge decides to include in a custody order.]]>On Behalf of Catterlin & Arnold Law Firmhttps://www.catterlinlaw.com/?p=471632023-11-29T12:01:39Z2023-08-31T13:50:23ZWhat is the value of the property at issue?
Establishing the value of stolen goods can be difficult. If the stolen property is cash, the issue is simple. If the object was a painting from an up-and-coming local artist, value can be harder to ascertain. The Arkansas code says that it is a Class B felony to take property valued at $25,000 or more. Class C felony charges are for property worth less than $25,000 but more than $5,000. Class D is for property valued from $5,000 to $1,000. Finally, the Class A misdemeanor charges are for theft of property worth $1,000 or less. The value of the property matters, but it is not the only element in choosing which charge to apply.
How the property was obtained
Even if the property taken was not highly valuable, you can be charged with a Class B felony if it was obtained by the threat of serious physical injury to any person or destruction of the occupiable structure of another person. Class C felony charges can be leveled if the property was obtained by threat. There are further exceptions involving circumstances like theft of livestock valued at more than $200 (Class D felony) and theft of building material worth $500 or more from a permitted construction site. Again, the exact circumstances of each case can have a dramatic impact on the penalties that could follow a criminal conviction.
Criminal charges are a serious problem. If you've been charged with theft or a related crime, you can't afford to make mistakes. You need an Arkansas criminal defense attorney to protect your rights as soon as possible.
]]>On Behalf of Catterlin & Arnold Law Firmhttps://www.catterlinlaw.com/?p=471622023-07-23T14:39:55Z2023-07-23T14:39:55Zanswer depends a lot on your priorities and goals, as well as your spouse’s willingness to come to the table.
When to choose negotiation
Negotiating a divorce requires both parties to work together to reach mutually acceptable agreements about everything from the division of assets and debts to custody and parenting issues. It’s best to go this way when:
You’re on amicable terms with your spouse (and hope to remain so). Negotiation is easier when a couple is still on relatively good terms, and the ability to craft flexible solutions to any issues in the divorce can make for a better post-divorce relationship.
You want to limit the emotional toll of the divorce on yourself or others. Because this method is less adversarial than litigation, it can help you reduce the psychological effects of your divorce on yourself or your children.
You want to save money or time. Divorce is not a quick process, but a litigated divorce can be very slow. When you litigate, not only is every motion, deposition, and hearing time-consuming, but they’re also expensive.
You have privacy concerns. Negotiations take place in private, which means you can keep your personal life out of the public eye. This could be important if you’re worried about reputational damage.
When you have a negotiated divorce, you can customize your split to your unique circumstances, and you have greater control over the end results.
When to choose litigation
Litigation is a much more formal process, and it’s inherently adversarial – but it’s also sometimes necessary. Consider this route when:
Your spouse refuses to cooperate. If your spouse is hiding income or assets, unwilling to engage in good faith negotiations or largely determined to fight over everything, the decision to litigate may be made for you.
You are concerned about a power imbalance. If there’s been a history of abuse, manipulation or intimidation in your marriage, litigation can give you protection and help ensure a fair outcome.
Remember: What works for your friends, relatives or neighbors may not be remotely suitable for your situation. By making informed decisions about your options and keeping your priorities in mind, you can navigate this difficult time with confidence and clarity.]]>On Behalf of Catterlin & Arnold Law Firmhttps://www.catterlinlaw.com/?p=471612023-06-12T11:23:40Z2023-06-12T11:23:40ZHow will federal fentanyl rules change?
The First Step Act will decrease some fentanyl sentences. How long someone spends in state custody after an arrest for a drug offense will depend on many factors. Their prior criminal record, the amount of drugs found in their possession and even the schedule of the specific drugs will all influence the penalties that someone faces.
The new federal rules that will go into effect on November 1st, 2023 will actually expand the circumstances in which a federal judge can deviate from sentencing guidelines for the sake of leniency. The new rules expand on the extenuating circumstances in which someone could petition for a reduced sentence. The new rules allow for compassion when someone serves as a primary caregiver for a parent or other immediate family member with disabling health issues. Those who have health issues themselves or a history as a victim of interpersonal abuse may also be eligible for compassionate consideration by the judge sentencing them.
Why reducing incarceration might help
The threat of imprisonment does not deter people from drug use, as many people consuming fentanyl or involved in its distribution may have substance abuse disorders. Imprisonment cuts people off from their social support and traumatizes them, which may only strengthen their dependence on mind-numbing drugs like fentanyl. By reducing someone's sentence and putting more of an emphasis on rehabilitation instead of punishment, the federal courts can potentially help some people facing charges make better choices in the future and can at least reduce the harm caused by involvement with the criminal justice system.
Despite new systems to promote compassionate sentencing and specific scenarios, federal judges often take a strict approach to fentanyl offenses and similar charges related to dangerous narcotic substances. Reviewing changes in federal law and tracking trends in federal prosecution may benefit those who will soon face drug charges in federal courts in Arkansas as they evolve. With that said, nothing related to drug prosecution should be taken for granted. Speaking with an experienced attorney is, therefore, important for anyone who wants to seek a favorable outcome.
]]>On Behalf of Catterlin & Arnold Law Firmhttps://www.catterlinlaw.com/?p=471602023-05-26T22:22:51Z2023-05-26T22:22:51ZThe interplay of custody and support
When determining how much financial responsibility one parent may have for the children after divorce, the courts look at multiple factors. How much each parent earns and any exceptional expenses incurred on behalf of the children are often important factors to consider. The courts typically also look at how many nights the children spend with each parent.
The breakdown of overnight parenting time will influence how much financial responsibility the parents each have toward the children. Overall, the courts want to see both parents fully provide for the needs of the children in a shared custody scenario, and the parent who spends less time with the children may contribute by providing more financial resources in some cases.
How support and custody affect property division
Arkansas state law requires a fair or equitable division of marital assets. When a judge tries to determine what is fair, one of the many factors they will consider is how much parenting time each adult has and their financial obligations related to the children.
For couples with a higher overall standard of living, a judge might award more property to the parent with more time with the children as a means of ensuring that the children continue to enjoy the same standard of living even after the divorce. Although there are formulas to assist with estimating child support obligations, the nuance involved related to the household standard of living and marital assets can sometimes leave to significant deviations from what simplistic calculating software might predict.
Parents who are preparing for divorce need to understand the interplay between custody, support and property division before they can put together an effective divorce strategy.]]>On Behalf of Catterlin & Arnold Law Firmhttps://www.catterlinlaw.com/?p=471552023-04-17T13:23:06Z2023-04-17T13:23:06Z1. Start a parenting relationship journal
Personal documentation can go a long way toward establishing the types of interactions someone regularly has with their children. Parents can keep a journal outlining all of the conversations and disciplinary efforts they engage in with their children to help show that they have begun stepping up more now that their family circumstances have begun to shift.
2. Show up for important meetings and events
From school conferences to dentist appointments, a parent needs to be involved in a child's day-to-day life. Frequently attending or at least following up on medical appointments, school conferences and other important events for the children will help show that someone wants to do what is best for the children and to make use of their legal custody rights and decision-making authority.
3. Make use of all scheduled parenting time
Many families have a temporary parenting plan or custody order in place from the earliest days of their separation. If a parent wants as much time as possible with their children later, they need to make use of what time they currently have.
Making it to every scheduled parenting session and rescheduling those a parent cannot attend can help show their commitment to their relationship with the children. Additionally, records of the other parent canceling and shortening their sessions could help show that they don't always put the best interest of the children first.
Typically, a parent would need to cite some kind of major issue, like claims of abuse or addiction, to convince a judge to limit another other fit parent's access to their children. Creating a paper trail that shows that someone is a concerned and involved parent can potentially help them to assert their position – one way or another – as they prepare for upcoming child custody negotiations or litigation with the assistance of an experienced legal professional.
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