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Riding Dirty-Was that Police Stop an Illegal Search and Seizure?

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Man being arrested by police officer

Riding Dirty - Was that police stop an illegal search and seizure?

If you have stumbled upon this article, chances are it was not by mistake. As criminal defense attorneys, we often get asked about illegal search and seizures during a vehicle stop. Most people believe that their stop was unconstitutional, but was it? What are the factors the court will look at to throw the evidence out during a criminal trial?

Did the Police Officer Have Probable Cause?

During a criminal trial in Arkansas, in order for a prosecutor to introduce evidence from a search conducted by police during a traffic stop, the prosecutor must establish one of two things: 1) that the officer who conducted the stop had reasonable suspicion of criminal conduct justifying the stop; or 2) that the driver of the vehicle gave consent to the search. Keep in mind that if you consent, any evidence found can be used against you!

What creates reasonable suspicion? 

In Arkansas, Reasonable Suspicion is defined as “a suspicion based on facts or circumstances which of themselves do not give rise to the probable cause requisite to justify a lawful arrest, but which give rise to more than a bare suspicion; that is, a suspicion that is reasonable as opposed to an imaginary or purely conjectural suspicion” [Ark. R. Crim. P. 2.1]. Numerous circumstances can lead to “reasonable suspicion” for an officer to stop your car. Traffic violations such as speeding, broken taillights, failure to use turn signal, and expired tags, among many other minor traffic violations, are enough reason for a police officer to stop your vehicle. However, an officer may not target an individual. Targeting individuals includes, but is not limited to, pulling a vehicle over because of the driver’s race or stopping a vehicle if an officer sees it leaving a bar. However, please keep in mind “A police officer is justified in making a traffic stop if the officer has probable cause to believe that the vehicle has violated a traffic law. Whren v. United States, 517 U.S. 806 (1996).

How Long Can an Officer Detain Your Vehicle During a Routine Traffic Stop?

A police officer may detain you while completing certain routine tasks. For example, as part of a valid traffic stop, a police officer may detain you while the officer completes certain routine tasks, such as computerized checks of the vehicle’s registration and the driver’s license and criminal history, and the writing up of a citation or warning. The officer is allowed to ask routine questions such as your destination, the purpose of your trip, or if the officer can search the vehicle. Always keep in mind that the officer is allowed to act on whatever information you volunteer to them. However, continued detention of a person or vehicle beyond a reasonable time to complete these routine tasks is illegal by the officer. Any evidence the prosecutor offers to introduce from a search considered illegal should be suppressed in a criminal trial.

May the Fourth Be with You

The Fourth Amendment to the United States Constitution prohibits the unreasonable search and seizure of persons or their belongings. If an officer violates the rules stated above while searching your car, then the officer will have conducted the search in violation of the Fourth Amendment. Any evidence gathered in an illegal search under the Fourth Amendment can be suppressed at your criminal trial. The court will not suppress the evidence on its own. You will need an experienced criminal defense attorney to file a “Motion to Suppress.” Your attorney will argue many of the points made above and why this search violates your Fourth Amendment rights under the U.S. Constitution. We highly suggest hiring an experienced Arkansas criminal defense attorney if you have been charged with a criminal offense such as drug possession, marijuana possession, possession with intent to deliver and so on.

Eason Law can Help

At Eason Law, we have helped many people navigate criminal charges. Whether it be a simple traffic violation, marijuana possession, or felony drug charges, we handle it all. If you need an experienced legal team to help you navigate your criminal law matters, call us today and let us help you through the process.

Contact us today for your FREE consultation.

Please click the scheduling link below to set a time and date with one of our attorneys. We’re looking forward to helping you!

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Joshua Adam EasonClients’ ChoiceAward 2020

Jonesboro Criminal Defense & Family Law

Serving Northeast Arkansas as well as numerous other counties in Arkansas, Eason Law has built a reputation for providing excellent legal services to our clients in a courteous and professional manner. Every client has a unique need when consulting with an attorney. We work together with each individual client and tailor our representation to meet the needs and goals of each client.

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The Process to Your Freedom: The steps in a divorce

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The process to your freedom. The steps in a divorce.

Beginning the Divorce Process

If you are reading this blog post right now, more than likely you, or someone you know, is contemplating a divorce. This is a scary time for all involved, especially when you have no idea what to expect. Even more frustrating, you may not even know the next steps after talking to an attorney. Hopefully, after reading this blog, you will have a better understanding and be better prepared should you need to move forward with a divorce. Please note that this is not every step that can or should be taken, but this is an overview of the major steps to take.

First and foremost, please understand that the more you and your ex-spouse can agree and compromise, the easier this process will go for both of you. (and the cheaper it will be). That being said, let’s be real, if you could agree and compromise, you probably would not be talking about divorce and hiring lawyers.

Is the Divorce Contested or Uncontested?

The first thing you need to figure out is whether this is going to be a contested or uncontested divorce. An uncontested divorce is one in which both spouses agree that the marriage is to end and come to a mutually satisfying agreement regarding the final divorce settlement. The streamlined divorce procedure can often save a couple time and money. As you might guess, a contested divorce is when the spouses cannot arrive at an agreement on one or more key issues in order to conclusively terminate their marriage. The two key issues which most spouses cannot agree on is custody of minor children and finances. Sometimes you can navigate an uncontested divorce without an attorney, but it is strongly advised to never try to litigate a contested divorce on your own.

The Divorce Complaint

So, what is the process? First, a Divorce Complaint must be filed. If you are the spouse filing for the divorce, you or your attorney will file a Complaint for Divorce. In the complaint, you will make your initial case alleging proper residency, grounds for divorce, which spouse should have custody of minor children and any financial allegations regarding money, property, etc. The complaint and a summons will be served on the non-filing spouse (the Defendant). If served with a divorce complaint and summons, in Arkansas, you have thirty (30) days to file an Answer to the complaint. Basically, an Answer is your response to all the allegations made by your ex-spouse in the Complaint.

Custody and Divorce

The next question to ask yourself is regarding minor children and the marital home. If you have minor children, can you agree on custody? If not, you will most likely want to ask the court for a Temporary Hearing. A temporary hearing is a hearing held closer to the beginning of a divorce matter usually to determine disputes which require an immediate resolution. A judge will hear the arguments on both sides and make a temporary ruling. The temporary ruling will stay in effect until the final hearing and divorce decree are entered in the case. Disputes such as the custody arrangement between the parties, child support obligations, who remains in the marital home, and spousal support are usually heard by the court during the temporary hearing. A temporary hearing may or may not be necessary in a divorce. Ultimately it is something you should discuss with your lawyer.

Divorce Discovery Process

In a contested divorce, you will almost always do discovery. This can be done before or after a temporary hearing. Discovery is the process your attorney will use to obtain information from the opposing party. The two most common discovery processes are called interrogatories and requests for production of documents. Interrogatories are written questions posed to the opposing party, for which a response is required, under conditions specified by the jurisdiction ’s rules of court procedure. In other words, interrogatories are questions you get to ask your ex-spouse which must be answered under oath and within a specific time frame. Requests for Production are discovery requests served by one party to an action on another for the presentation for inspection of specified documents or tangible things. Common requests can be bank statements, paystubs, texts and/or email communications between the parties, etc. Interrogatories and Requests for Production of Documents are nearly always sent to the opposing party together.

The Divorce Final Hearing

Finally, once all the above has taken place, you or your attorney will set the case for a final hearing or trial. A family law trial can look quite a bit like a trial you see on television. Parties can call witness to testify, introduce evidence, cross-examine witness, etc. The big difference between a television trial and a family law trial is that there is no jury. Family law trials are heard and decided by judges. At the end of the trial, the judge will enter a final order on all the disputes between the parties based on family law rules and case law, along with the evidence and testimony heard at the trial. The judge’s ruling will be entered in your divorce decree which, once filed, becomes the final order and the official dissolution of the marriage.

Eason Law Divorce Experience

At Eason Law, we have helped many people navigate divorce and custody matters. Whether it be an initial divorce or modification of custody and child support obligations, we handle it all. If you need an experienced legal team to help you navigate your family law matters, call us today and let us help you through the process.

Contact us today for your FREE consultation.

Please click the scheduling link below to set a time and date with one of our attorneys. We’re looking forward to helping you!

CLICK TO SCHEDULE FREE CONSULATION
Joshua Adam EasonClients’ ChoiceAward 2020

Jonesboro Criminal Defense & Family Law

Serving Northeast Arkansas as well as numerous other counties in Arkansas, Eason Law has built a reputation for providing excellent legal services to our clients in a courteous and professional manner. Every client has a unique need when consulting with an attorney. We work together with each individual client and tailor our representation to meet the needs and goals of each client.

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How does the new Arkansas Child Support order change my current child support obligations?

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Image of father holding up his young baby.

How does the new Arkansas Child Support order change my current child support obligations?

The update to Arkansas Administrative Order No. 10 and what it means for you.

Arkansas has recently updated Administrative Order No. 10, a long-standing method and its corresponding chart which calculates child support obligations. The previous Administrative Order No. 10 calculation was based solely on the income of the non-custodial parent. If you are wondering what the difference is between the custodial and non-custodial parent, the non-custodial parent is the parent which has the children less than fifty percent (50%) of the time in the custody arraignment, and the custodial parent has the children the majority of the time (or least more than 50%). The old calculation did not take into consideration the income of the primary custodial parent. Many states across the nation have begun to change over to a method which considers both parents income and Arkansas’s new Order does just that.

Out with the Old and In with the New.

On April 2, 2020, the Arkansas Supreme Court issues their opinion titled In Re Implementation of the Revised Administrative Order No. 10. The new order shifts away from basing all child support obligations solely on the non-custodial parent’s income and instead is based on an “income-sharing” model. 

In this model, the income from both parents of the child or children are taken into account. First, the court must determine how much of your combined income the child or children need to meet basic costs of living. Let’s look at this a little closer. Say, you make $4,000 gross a month and your ex-spouse makes $2000 gross a month. The two of you have a combined gross income of $6,000. Next, you will look at the new 2020 Child Support Chart to find how much has been determined to be the child support obligation for each child. You can find the chart HERE.

So, let’s say that you and your ex only have one child together with a combined income of $6,000 a month. Per the chart, the child will need $815.00 per month to meet their basic needs. Your child support obligation will be based on your percentage of the $6000 monthly income you contribute. So, if you make up $4000 of the total $6000, then you are responsible for 66.66% of the $815.00 which would be $543.28 per month. The non-custodial parent makes a cash contribution to the custodial parent – child support – and the custodial parent pays her or his percentage directly toward the children’s needs.

The changes also include a method of calculating support in joint custody cases to provide uniformity across the state. In cases of joint or shared custody, where both parents have responsibility of the child(ren) for at least 141 overnights per calendar year, the court may consider the time spent by the child(ren) with the obligated party as a basis for adjusting the child-support amount. In particular, in deciding whether to adjust child support, the court should consider the presence and amount of disparity between the income of the parties, giving more weight to those disparities in the parties’ income of less than 20% and considering which parent is responsible for the majority of the expenses, such as routine clothing costs, costs for extracurricular activities, school supplies, medical expenses, child care expenses, and any other similar fixed expenses.

I Already have a Child Support Order Under the Previous Method, Can It Be Modified?

Normally, an Arkansas Court will not change a non-custodial parent’s child support obligation unless there has been a material change of circumstances. Arkansas law says that a change of 20% or $100 in income is a material change that will allow a modification of your child support obligation.

The Court’s changes to the child support guidelines has stated that an inconsistency between an existing child-support award and the amount of child support that results from applying the Family Support Chart based on the Income Shares Model shall be a material change of circumstances sufficient to support a petition to modify child support with some exceptions. All of this meaning that the revised Administrative Order No. 10 gives many people the opportunity to modify their child support obligations to better fit their situation. If you are wondering if this better fits your situation, go to the link above, calculate your support under the new income share model and compare it to what you are paying in now.

At Eason Law, we have helped many people navigate divorce and custody matters. Whether it be an initial divorce or modification of custody and child support obligations, we handle it all. If you need an experienced legal team to help you navigate your family law matters, call us today and let us help you through the process.

Contact us today for your FREE consultation.

Please click the scheduling link below to set a time and date with one of our attorneys. We’re looking forward to helping you!

CLICK TO SCHEDULE FREE CONSULATION
Joshua Adam EasonClients’ ChoiceAward 2020

Jonesboro Criminal Defense & Family Law

Serving Northeast Arkansas as well as numerous other counties in Arkansas, Eason Law has built a reputation for providing excellent legal services to our clients in a courteous and professional manner. Every client has a unique need when consulting with an attorney. We work together with each individual client and tailor our representation to meet the needs and goals of each client.

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A Construction Contract That Makes Sure You Get Paid

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Photo of iron workers on a large building project

A Construction Contract That Makes Sure You Get PAID.

Many contractors still believe they can work off a handshake and an estimate. Those days have long passed, and a construction contract is needed today more than ever to protect you and your interest as a residential contractor or subcontractor.

Will the form contract I got off the internet work?

Sites such as Rocketlawyer seem like they are the perfect answer to drafting your own construction contract. They make claims of amazingly low cost deals for all your contract needs. Will a contract from one of these sites protect you as a contractor or subcontractor doing work in Arkansas? Absolutely not. Arkansas Construction laws are specific to the State of Arkansas and the online form contract simply won’t cut it. Many notices must be given in a construction contract and each notice will depend on the type of construction work being done by the contractor. Websites that offer low cost contracts do not make their contracts specific to the laws of the state requested. In fact, they usually use the same language in all their contracts and merely change the name of the state on the contract. You should never use a form contract from one of these websites.

Will placing a Mechanic’s Lien or a Materialman’s Lien help me out?

Absolutely. Mechanic’s liens are legal documents that essentially reserve the rights of the person who filed the lien to seek unpaid compensation. They are usually filed by contractors, subcontractors, or suppliers that never received payment for work that they performed or materials that they provided on the property. Placing a lien on someone’s property causes a severe penalty to the homeowner and/or commercial property owner. A Mechanic’s or Materialman’s Lien will “cloud the title” to the property. This means that the lien will appear in public records. This also means that any lien must be paid off before the homeowner can sell, refinance, or borrow against the equity on their property. In practical terms, placing a lien on a property creates a major nuisance for any owner of the property. Creating this nuisance will help get you, as the contractor or subcontractor, the money you are owed for the work you have completed.

How do I make sure I get paid?

In the summer of 2017, the Arkansas Legislature revised the Arkansas Mechanic’s and Materialman’s Lien Statute A.C.A. 18-44-115. This revision has created harsh penalties for contractors and subcontractors who fail to get the “Important Notice to Owner” signed before the construction project begins.

A.C.A. 18-44-115 states “No lien upon residential real estate containing four (4) or fewer units may be acquired by virtue of this subchapter unless the owner of the residential real estate, the owner’s authorized agent, or the owner’s registered agent has received, by personal delivery or by certified mail, a copy of the notice set out in this subsection.” This notice must be in the contract and signed before any construction work begins. This Notice must also be stated exactly as it is written in the statute. While getting a lien placed on property can be a very effective way to get payment for work completed yet the homeowner has failed to pay for, it is the 2017 revision that has caused great concern when dealing with unpaid construction work.

In 2017, this statute added a section which states, “ If a residential contractor fails to give the notice required under this subsection, then the residential contractor is barred from bringing an action either at law or in equity, including without limitation quantum meruit, to enforce any provision of a residential contract.” This provision is a severe penalty for any contractor who has done work and not been paid. Quantum Meruit is Latin for “as much as he deserved,” the actual value of services performed. Quantum meruit determines the amount to be paid for services when no contract exists or when there is doubt as to the amount due for the work performed but done under circumstances when payment could be expected.

This change also bars a contractor from being able to sue for unjust enrichment. Unjust enrichment occurs when Party A confers a benefit upon Party B without Party A receiving the proper restitution required by law. This typically occurs in a contractual agreement (such as a residential construction project) when Party A fulfills his/her part of the agreement and Party B does not fulfill his/her part of the agreement. In other words, it is much like Quantum Meruit. You, as the contractor or subcontractor, have completed residential construction work for your client, your client has benefited from the work you completed, yet your client/homeowner refuses to pay for your services.

By adding in this language, the Arkansas Legislature has effectively taken away a contractor’s right to recover any monies owed to them if they fail to have this pre-construction notice signed. Not only will the contractor be barred from being able to place a lien on the property, but now they will not be able to sue and recover the money owed to them for materials used and work completed as well. While I personally believe there is a constitutional argument to the validity of this provision, it is the law we must work within for the time being. In other words, be forewarned that as a residential contractor or subcontractor you may lose a lot of money on a construction project should you fail to have this notice in your contract.

If you are a contractor or subcontractor who does work on residential properties, you MUST have a contract with this notice placed at the end of it. This notice must be stated verbatim as it is defined in A.C.A. 18-44-115. And, this notice MUST be signed by the homeowner/client. It is important for you as a contractor or subcontractor to have an attorney familiar with construction law and construction contracts to protect your business interest and make sure you get paid for the work you complete for your clients. At Eason Law, we have drafted several construction contracts and argued successfully when disputes arise out of any disagreements over the contracts or construction services performed by our clients. If you are a contractor who works without a contract or has an out of date contract, please give us a call today so that we can help protect you and your business.

Contact us today for your FREE consultation.

Please click the scheduling link below to set a time and date with one of our attorneys. We’re looking forward to helping you!

CLICK TO SCHEDULE FREE CONSULATION
Joshua Adam EasonClients’ ChoiceAward 2020

Jonesboro Criminal Defense & Family Law

Serving Northeast Arkansas as well as numerous other counties in Arkansas, Eason Law has built a reputation for providing excellent legal services to our clients in a courteous and professional manner. Every client has a unique need when consulting with an attorney. We work together with each individual client and tailor our representation to meet the needs and goals of each client.

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