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Animal owners are increasingly confronted by law enforcement. Innocent dogs are confiscated every day. Once the dog is in animal control’s possession, it is very hard to get it back. The time it takes for a complaint to be filed and fully adjudicated often takes months, if not years. More often that not, the animal…


At What Age Can a Child Decide Which Parent to Live With?

In many instances of child custody and changes in custody, parents want to know what effect, if any, their child or children’s preferences will have with the court or the judge. The answer is “it depends.” The standard in custody cases is “the best interest of the child.” Generally, a parent will be awarded custody…


The Dangers of Banking with a Creditor Bank During a Bankruptcy Proceeding

If you are in debt and thinking of filing or have filed for bankruptcy protection, you need to stop and think about whether you owe a bank any money as a creditor. If the answer is yes, then you MUST ask yourself a second question. Do you hold any types of accounts at that bank?…


Emergency Petitions for Bankruptcy

A typical Chapter 7 or Chapter 13 petition requires you to submit well over 50 pages of documentation, including: your schedules (which includes a detailed budget, a list of all creditors including addresses and account numbers, a detailed list of assets with estimated valuations, detailed information about sales, transfers, losses and recent payments to creditors,…


Bankruptcy and Social Security Overpayments

A question we get a lot is whether Social Security disability overpayment is dischargeable in bankruptcy. The short answer to this is “yes,” a Social Security overpayment is treated like any other unsecured debt. There are exceptions to the dischargeability of a particular debt under Section 523 of the Bankruptcy Code and exceptions to the…


Chapter 7 Filings, Secured Debts, and Default Judgments

Chapter 7 bankruptcy allows you to wipe out unsecured debt– credit card bills, medical debt and other signature loans. However, secured debt–loans backed by collateral such as mortgages, car loans, or furniture, may be treated differently. Secured loans actually contain two different kinds of obligations. First, there is the obligation that you, personally, will pay…


Speeding Tickets and How RADAR Works in Law Enforcement Settings

We have all seen a cop on the side of the road looking for speeders. In fact, we have all seen that cop and stood on our brake to slow down. What we are trying to do, when we see the cop and stand on our brake, is slow down before he can get our…


DWI—How Law Enforcement Uses Field Sobriety Tests at the Time of Stop and in Court

If you have been arrested for DWI in Arkansas, or watched a reality cop show, chances are really good that you have witnessed or performed field sobriety tests. These tests are the ones that require you to walk a certain number of steps “heel to toe,” hold your leg off the ground for a period…


Texting While Driving and The Fifth Amendment

Currently, in the State of Arkansas, it is illegal to create, send, or read a text message or email while operating a motor vehicle, and if you are under eighteen (18) years of age or in a school or work zone, even using a cell phone is illegal while operating a motor vehicle. However, I…


DWI—The Importance of the Proper Paperwork in DWI Trials

When I was in law enforcement, I worked a lot of DWI cases and I often went to court on DWI charges. As a cop, one thing I always found profound was the attorneys that took DWI cases and what they did not ask from law enforcement. I realized that many attorneys did not fully…

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