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November 2014 Archives

School superintendent arrested for wrong lane, drunk driving

If a traffic stop is made in Arkansas for a driving violation, the officer may be authorized to engage in testing of the driver. That will be based, however, on the observation of further indicia of drunk driving. The observations may include blood shot eyes, the odor of alcohol and slurred speech. If those factors are present, the driver may be subjected to a field test for basic coordination and a breath alcohol test to measure  blood alcohol content.

Governor to pardon his son's felony drug charge and conviction

By now, residents of Arkansas know that their governor will pardon his son for a 2003 conviction for felony marijuana possession with intent to deliver. The Arkansas Parole Board recommended the pardon on Oct. 20. The pardon was granted on the basis of a petition filed by Kyle Beebe, 34, the governor's son, who asked for the pardon of his felony drug charge.

Arkansas man arrested and held on first-degree murder charge

Among violent crimes, a murder case is especially challenging to criminal defense counsel. In Arkansas and elsewhere, a criminal prosecution for first-degree murder requires the full attention of the defense attorney and his investigative staff. It is the attorney's duty to give a vigorous and comprehensive defense, and to recognize and deal with all issues that may exonerate the charges or allow for a reduction in their severity.

Retirement plans and IRAs are protected in bankruptcy

Since 2005, it has been clear in Arkansas and elsewhere that a person filing a personal bankruptcy would be able to keep his government qualified retirement funds, including personal IRAs, despite the bankruptcy. Some plans had been protected from bankruptcy liquidation even before that through a number of court cases, but it remained unclear which types of funds would be exempt. Additionally, as a general rule personal IRAs were given no protection. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) clarified the matter by statute, making virtually all government-recognized plans and personal  IRAs exempt.

Suspect's wife arrested, charged with murder of realtor

In a relatively small suburban Arkansas community, an ongoing murder case can be of intensive interest to the public. A few months back, authorities in Pulaski County arrested a man with a sordid criminal past for the alleged murder and kidnapping of a female real estate agent who was apparently showing or had shown a property to the person believed to have been the perpetrator. On October 30, the authorities arrested the suspect's wife and charged her also with capital murder and kidnapping charges. 

Chapter 7 bankruptcy does not stop later mortgage approval

Arkansas and other states are seeing that some persons who lost their homes and filed bankruptcies for debt relief during the recession are now back and applying for new mortgages. In fact, although a Chapter 7 bankruptcy can be reported for up to 10 years, a mortgage for a home purchase can be obtained sooner than that. It depends largely on how well the consumer has done in repairing his credit score.