Natural State Trial Attorneys Natural State Trial Attorneys 2026-09-30T11:30:03Z https://www.catterlinlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1605436/2026/09/cropped-new_fav-32x32.jpg On Behalf of Natural State Trial Attorneys <![CDATA[Arkansas presumes joint custody: What changed in 2021]]> https://www.catterlinlaw.com/?p=47631 2026-09-30T11:30:03Z 2026-09-30T11:30:03Z Understanding what Arkansas presumes about joint custody Since Act 604 took effect in July 2021, Arkansas judges begin by assuming that your child does best when both parents share time almost evenly. You do not have to earn that starting point. It is already established by law, and your co-parent would need clear and convincing evidence that a different arrangement is better for your child. This starting point applies when a court first decides custody in a divorce or paternity case. It does not apply when someone asks to change an order that already exists. It also does not apply when both parents already agree on a plan, or when neither parent asks for equal time. Cases involving abuse or safety concerns follow separate rules.

Showing the court you are involved in your child's life

Best interest still guides the final decision, so the presumption is a starting point rather than a guarantee. Records of your involvement carry weight, including school pickups, medical appointments, activity schedules and steady communication with your co-parent. A stable home and a workable plan for sharing time also help the court see equal custody as practical rather than theoretical.

What this means for your case

Arkansas decides custody without regard to whether you are the mother or the father, so the belief that mothers are favored does not match the law. If a relative or friend went through a custody case before July 2021, their experience may not resemble yours. The presumption is not a guarantee. To overcome the presumption, your co-parent must present clear and convincing evidence that joint custody would be harmful or unworkable for your child. If you are facing an upcoming custody determination, consulting an experienced Arkansas family law attorney early can help you build a clear strategy that protects your parental rights.]]> On Behalf of Natural State Trial Attorneys <![CDATA[3 myths Arkansas medical marijuana patients believe]]> https://www.catterlinlaw.com/?p=47629 2026-09-28T15:40:18Z 2026-09-28T15:40:18Z Myth 1: An MMJ card prevents a DWI arrest Showing a valid card during a traffic stop will not stop a driving while intoxicated (DWI) investigation. Arkansas law allows medical cannabis, but it strictly forbids driving while impaired. A medical card does not give you a legal defense against a DWI charge. Police officers evaluate impairment through field sobriety tests and physical signs rather than a set blood-THC limit. Chemical tests can detect THC metabolites days after you use your medicine, and prosecutors can use those results against you in court.

Myth 2: Patients can legally buy and carry firearms without risk

This myth comes from a direct clash between state and federal laws. Arkansas state law allows cardholders to own guns and hold concealed carry permits. However, the federal government still classifies cannabis as an illegal Schedule I drug. Under federal rules, medical marijuana users cannot buy, own or carry firearms or ammunition. The real danger happens when you buy a gun from a licensed dealer in Little Rock or Fort Smith. Federal paperwork asks directly if you use marijuana. Answering "no" as a registered patient can trigger fraud charges. State law protects your cardholder status locally, but federal agencies can still penalize you for owning a firearm.

Myth 3: Cannabis can be kept anywhere in your vehicle

Carrying your medical card does not mean you can toss your dispensary purchases anywhere in your car. Arkansas law prohibits open or unsealed medical marijuana in the passenger area of a vehicle on public roads. Leaving an open pouch, loose flower or unsealed packaging on the seat gives officers immediate cause to search your car. To stay safe during a routine traffic stop, keep your medicine sealed in its original dispensary packaging and completely out of reach, preferably locked in your trunk.

What every Arkansas cardholder needs to know

An Arkansas medical card offers real health benefits, but it does not act as an automatic shield during traffic stops or gun purchases. Misunderstanding these laws can cost you your driver's license, your gun rights or your freedom. If a traffic stop turns into a field sobriety test or vehicle search, having a defense attorney who specifically understands Arkansas medical cannabis laws can help present your side of the story clearly in court.]]> On Behalf of Natural State Trial Attorneys <![CDATA[Can Schools Question My Kid? Juvenile Rights With SROs and Principals]]> https://www.catterlinlaw.com/?p=47616 2026-09-02T16:51:01Z 2026-09-02T16:35:44Z Arkansas law requires officers to make immediate, reasonable efforts to notify parents when police detain a youth.

Students Rights During Search Or Interrogation

For young juveniles, Arkansas requires parent presence or explicit consent before police take a formal statement. Students also hold rights regarding their personal property. If a student willingly consents to a search of their backpack, staff can search it immediately. However, they retain the right to say no to voluntary searches. Parents can teach kids this simple response script: "I want to stay silent, and I want my parents or a lawyer here before I answer questions." Teenagers should memorize this quick rights refresher: You can remain silent at any time. You can refuse searches of your personal items. You should ask for a parent or lawyer immediately. You should never sign written statements without a trusted adult reading them first.

Getting Legal Guidance After A Juvenile Arrest

Seeking legal help makes sense because juvenile laws are complex. A criminal defense lawyer protects a teenager's record, ensures police followed Arkansas notification rules and checks if police obtained consent fairly. Parents and teens must discuss these rules together today. Practice the script at home so your child feels confident speaking up and store a legal contact number in your child's phone right away.]]> On Behalf of Natural State Trial Attorneys <![CDATA[3 ways an Arkansas DWI charge can become more serious]]> https://www.catterlinlaw.com/?p=47615 2026-08-28T03:13:00Z 2026-08-28T03:13:00Z The hardest part of a DWI arrest may come after the flashing lights disappear. At first, the situation can seem limited to an arrest, a charge and a court date. Then a notice arrives about a driver's license suspension. A prior DWI suddenly matters. A detail about the arrest can lead to enhanced penalties. What looked like one problem can quickly become several. Arkansas law treats some of these consequences separately, which means a person may need to respond to more than just the criminal charge. The details of the arrest and a person's driving history can also change what they face. Here are three important ways a DWI case can become more serious. 

1. A prior DWI can increase the penalties

Arkansas increases DWI penalties when a person has prior offenses. For criminal sentencing, the state can count a prior DWI if the new offense occurs within 10 years of the first offense. A second offense can carry seven days to one year in jail, while a third can carry 90 days to one year. A fourth offense within that 10-year period becomes an unclassified felony, with one to six years of imprisonment. A fifth can carry two to 10 years. A sixth or subsequent offense within 20 years of the first becomes a Class B felony. Prior convictions from other states may also count when they qualify as equivalent offenses. This means an older DWI or an offense from another state could affect how Arkansas handles a new charge.

2. The administrative case can move separately

A DWI arrest can create both a criminal case and an administrative license matter. The Arkansas Office of Driver Services can suspend or revoke driving privileges based on the arrest, refusal to submit to testing or other statutory grounds. The administrative process does not simply disappear because the criminal case ends favorably. Arkansas law treats these proceedings separately, although an acquittal or dismissal can reverse certain administrative actions. These issues can require separate responses, meaning a person may need to address the license issue while also defending the criminal charge. 

3. Aggravating factors can increase the consequences

Certain circumstances can trigger harsher consequences. For example, Arkansas law increases mandatory jail terms when a passenger younger than 16 was in the vehicle. A DWI that causes serious physical injury or death can also lead to separate and more serious criminal charges. A high BAC can create additional consequences as well. A BAC of 0.15% or higher can trigger enhanced requirements, including ignition interlock requirements in certain circumstances.

Addressing the consequences of an Arkansas DWI 

A DWI charge can affect a person's freedom, driving privileges and finances at the same time. That can make it difficult to know which issue deserves attention first. An Arkansas DWI attorney can review the circumstances, explain how the administrative and criminal proceedings may interact and identify potential defenses or options. Seeking legal guidance early can help a person make informed decisions about what comes next.]]> On Behalf of Natural State Trial Attorneys <![CDATA[Razorback game day arrest survival guide: How to cheer without getting charged]]> https://www.catterlinlaw.com/?p=47582 2026-07-29T09:35:05Z 2026-07-29T09:35:05Z Saturdays match the energy of a Razorbacks home game. Tailgates start early, fans pack the streets and excitement builds throughout the day. At the same time, police increase patrols across Fayetteville and game day arrests often rise along with the crowds. A celebration with friends could quickly turn into legal trouble if alcohol or emotions get out of control. Knowing which situations commonly lead to arrests may help you enjoy the game while lowering your legal risk.

Which game day charges could you face?

Several misdemeanor charges commonly arise on football weekends. One of the most frequent is public intoxication under Arkansas law. This applies when intoxication endangers you, another person or property or causes unreasonable disruption. A guilty verdict on this Class C misdemeanor charge could carry a jail term of as much as 30 days, a fine reaching $100 and the usual court fees. Other charges you could encounter include:
  • Disorderly conduct: Arguments, shoving or other disruptive behavior could result in this Class C misdemeanor.
  • Minor in possession: If you are under 21, alcohol in your body or under your control could support a charge, even if you are not holding a drink.
  • Fake ID possession: Officers may file this charge in addition to a minor in possession offense.
  • Open container or public urination: These violations often begin as citations, but they could lead to additional police contact.
Alcohol often plays a role in several of these offenses, which means one incident could result in multiple charges.

Where do arrests often happen?

Large crowds and increased police patrols make certain locations more likely to attract law enforcement attention. You could see a stronger police presence in areas such as:
  • Tailgating lots before kickoff
  • Dickson Street after the game
  • Stadium entrances and concourses
  • Walkways between parking areas and Razorback Stadium
Heavy foot traffic, crowded conditions and alcohol consumption may increase the likelihood of police encounters in these locations.

How could you reduce your legal risk?

Simple choices throughout the day could help you avoid unnecessary legal problems. You might consider eating before drinking, pacing your alcohol consumption and staying with friends who can help defuse tense situations. Planning a rideshare or choosing a designated driver before kickoff could also make the trip home much easier. If an officer stops you, remaining calm and speaking respectfully may help keep the encounter from becoming more difficult. You could provide your identification if the law requires it, avoid arguing about the situation. You can politely state that you would like to speak with a lawyer before answering questions. Waiting to discuss the incident on social media until after you understand your legal options may also protect your interests.

Keep your focus on the game

A Razorbacks game should leave you with great memories instead of court dates. A little preparation, responsible choices and awareness of common game day offenses may help you enjoy the experience while reducing the chance of criminal offenses and possible arrest.]]> On Behalf of Natural State Trial Attorneys <![CDATA[What should you do if police ask to search your car?]]> https://www.catterlinlaw.com/?p=47583 2026-07-17T07:35:42Z 2026-07-17T07:35:42Z Stay calm and avoid resisting The best first step is to stay calm and avoid arguing or physically interfering with the officer. Keep your hands where they are visible, follow lawful instructions and speak respectfully throughout the encounter. Even if you disagree with the request or believe the search is unfair, trying to stop it yourself could make the situation worse. Remaining composed helps keep the interaction focused and reduces the chance of additional problems during the stop.

Understand your right to refuse consent

You may have the right to refuse a request to search your car when an officer is asking for your permission. In Arkansas, however, refusing consent does not always prevent a search, as police may still search your car if they have another legal basis for doing so. A simple, respectful response is often the best approach. Avoid arguing about whether the search is legal at the roadside because that question is usually addressed later if charges are filed.

Pay attention to what happens during the stop

As soon as you can safely do so, write down details such as why the officer stopped you, whether the officer asked for your permission to search and whether any witnesses were present. You can also include what they said before and during the search. These details may help your attorney evaluate whether the search followed the law.

Know your next steps after the stop

If police searched your car or arrested you afterward, avoid guessing whether the officer acted lawfully or discussing the situation on social media. Instead, gather your notes and any paperwork you received, then seek legal assistance as soon as possible. An attorney can review the circumstances of the stop, explain how Arkansas law applies to your case and help you understand your legal options.]]> On Behalf of Natural State Trial Attorneys <![CDATA[DWI and DUI: the legal distinctions in Arkansas]]> https://www.catterlinlaw.com/?p=47584 2026-07-02T12:29:57Z 2026-07-02T12:29:57Z The difference between a DUI and a DWI The state determines whether a drunk driving offense is a DWI or a DUI based on driver age and blood alcohol content (BAC) levels. In short, a DWI is the standard charge for alcohol impairment of adults, while the DUI is exclusive to underage drivers. Arkansas’s zero-tolerance approach to driving under the influence means stricter guidelines for minors. A DWI applies to drivers of any age whose BAC is at or over 0.08%, or where there is clear evidence of substantial mental or physical impairment from alcohol. A first-time DWI is a standard misdemeanor. A DUI is a charge that applies strictly to drivers under the age of 21 with a lower BAC. Minors are subject to tighter rules: a BAC between 0.02% and 0.079% nets them this charge. However, if a minor is found to have a BAC of 0.08% or higher, they will face a standard DWI instead. How do DUI and DWI differ in consequences? Both charges result in severe penalties, but adult drinking while driving convictions come with higher costs and longer suspensions. Here are differences between penalties for a standard first-time DWI to a first-time DUI for underage drivers. Driving while intoxicated
  • Jail time: At least 24 hours mandatory jail time (or public service)
  • License suspension: 6 months license suspension
  • Fine: $150-1000 fine
Driving under the Influence
  • Jail time: Generally no for first-time offenders
  • License suspension: 90 days license suspension
  • Fine: $100-500 fine
Driving a car while intoxicated impacts both underage and adult drivers over the long term. For young individuals, higher insurance premiums, disqualifications from professional licenses and more are consequences they face. And just like an adult charge, a DUI may stay on a criminal record permanently.

Legal options

Whether you are facing adult or underage drunken driving charges, you must address them carefully. Arkansas law strictly limits "pleading down" to a lower offense such as reckless driving unless the defense can successfully challenge the prosecution's evidence. You must defend cases through hard evidence and legal challenges instead of standard plea negotiations. Should you face the possibility of drunken driving convictions, it is advisable to seek legal counsel to help you build your defense.  ]]> On Behalf of Natural State Trial Attorneys <![CDATA[False allegations and recantations: Domestic violence law in Arkansas]]> https://www.catterlinlaw.com/?p=47585 2026-06-25T20:13:36Z 2026-06-25T20:13:36Z Domestic violence cases in Arkansas can become especially complicated when an alleged victim later changes their story or asks that charges be dropped. Many people assume that a recantation of initially damning allegations automatically ends the prosecution of an alleged offender. In reality, prosecutors often continue pursuing domestic violence charges even when a complaining witness no longer wishes to cooperate. Arkansas prosecutors frequently rely on what is known as evidence-based prosecution. Rather than depending solely on the testimony of the alleged victim, they may build a case using other forms of evidence gathered during the investigation. This can include 911 recordings, police body camera footage, photographs, medical records, witness statements and statements made during or immediately after an alleged incident. Prosecutors may also attempt to introduce certain out-of-court statements under recognized hearsay exceptions, including so-called "excited utterances" made while a person is under the stress of a startling event. As a result, a recantation alone rarely stops prosecutorial effort in its tracks.

What can be done if recantations alone are not enough?

Recantations occur for many reasons. Some individuals conclude that their original allegations were inaccurate or exaggerated. Others may face family pressures, financial concerns, emotional conflicts or concerns about the consequences of prosecution. Because every situation is different, it is important to avoid assumptions or victim-blaming. Prosecutors are often trained to view recantations as a common feature of domestic violence cases, which is one reason they may continue moving forward even when an alleged victim changes their account. To that end, defendants need to understand that contacting an accuser is an “absolutely not” situation. If a no-contact order is in place, even seemingly harmless communication may result in additional legal consequences. Attempts to persuade someone to change their testimony or avoid court appearances can also trigger allegations of witness tampering or related offenses. If contact is necessary, it should be initiated by a defendant’s attorney only.  In some situations, counsel may seek modifications to bond conditions or no-contact orders through appropriate legal channels rather than risking direct contact with the alleged victim. Every case is unique, however, so relying on assumptions is unwise. Ultimately, a defendant’s surest way forward is to discuss false allegations and/or recantations with a skilled legal team in order to craft the strongest defense strategy possible under the circumstances. ]]> On Behalf of Natural State Trial Attorneys <![CDATA[How can co-parents communicate more effectively?]]> https://www.catterlinlaw.com/?p=47586 2026-06-05T15:55:16Z 2026-06-05T15:55:16Z Keep each conversation centered on your children It might help to limit co-parenting discussions to child-related matters. You might focus on the details both parents need to know, such as pickup times, school updates, medical appointments and activity schedules. You may want to treat these exchanges much like workplace messages. A respectful and purposeful tone could help both parents stay focused. Instead of revisiting old conflicts or personal complaints, you might use direct language about the next parenting task. For example, you could ask whether pickup should be at school or after practice. This approach may keep conversations shorter, clearer and easier to return to when new issues come up.

Choose methods that fit the message

Different communication methods may work better for different needs. Text or email typically suits routine scheduling matters because each parent has time to read, think and respond. Written messages may also create a record that both parents could review later. Apps could help with shared calendars, expense tracking and basic updates. A phone call or video chat may work better for urgent or more detailed discussions if both parents communicate well that way. The best method to use usually depends on what lowers tension in your situation. With the right way to communicate, misunderstandings may become less frequent.

Small changes may support a steadier routine

Co-parenting communication usually takes practice and patience. Every co-parenting relationship is different, so communication habits might need constant adjustment. Over time, consistent communication may help parents handle day-to-day decisions with less confusion and conflict.]]> On Behalf of Natural State Trial Attorneys <![CDATA[When domestic violence allegations trigger gun surrenders in Arkansas]]> https://www.catterlinlaw.com/?p=47587 2026-05-29T12:08:38Z 2026-05-29T12:08:38Z An arrest or court order in a family dispute can change your gun rights fast. Judges act to reduce risk while the case moves forward. You can protect yourself when you know exactly when surrender rules apply and how the process works. Before you move a single firearm, get clear on the steps and the penalties when facing domestic violence (DV) charges.

When you must surrender firearms

Several moments in Arkansas can trigger an immediate duty to turn in guns. Each one comes from a court order you need to follow to the letter. Watch for these common triggers:
  • Arrest and bond conditions: After a DV arrest, the judge can bar possession and order you to surrender guns to the arresting agency or the sheriff.
  • Criminal no-contact orders: At first appearance, the court can issue a no-contact order that forbids guns and sets a surrender deadline.
  • Civil orders of protection, ex parte: A temporary order, which lasts up to 30 days or until the court date, can require surrender.
  • Civil orders of protection, final: A final order often continues the no-guns rule for its full term and can keep firearms with law enforcement until the court lifts the restriction.
Know which order controls your case so you meet the exact terms and timelines.

How the Arkansas surrender process works

Courts expect fast compliance and solid records. Follow a clear plan to avoid new charges:
  • Who takes the guns: Turn firearms in to the arresting agency or the county sheriff as the order states. Do not give guns to friends or family.
  • Deadlines: Follow the timeline on the order, often immediate or within 24 hours. Confirm any questions with your lawyer or the clerk.
  • Receipts: Get a written receipt that lists each firearm by make, model and serial number. Keep copies safe.
  • Storage: Police or the sheriff store the guns or use approved storage. Expect handling or storage fees.
  • Return: Ask for return only after the court lifts all gun restrictions and you hold no disqualifier. Bring ID and your receipt and get a written release.
  • Penalties: Judges can issue a warrant, hold you in contempt or add criminal charges for any violation. Police can seize firearms and the court can raise bond.
Meanwhile, federal law bars possession if a court issues a qualifying DV restraining order or you have a misdemeanor DV conviction. A plea to a DV‑labeled misdemeanor can create a lifetime federal ban. Keep in mind that keeping guns with a friend, in a car or a storage unit you control, can lead to trouble as courts may treat this as possession. When in doubt, pause and speak with counsel before you transfer, store or try to reclaim any firearm.]]>