It could theoretically happen to anyone– through a stroke of bad luck, or a couple of misguided decisions, you wind up facing both felony and misdemeanor charges. Having to fight multiple charges simultaneously adds additional stress to the nerve-wracking process of going to court.
If this is the situation you’re currently in, don’t panic. Though you’re potentially facing years of uncertainty due to the impending charges and court dates, you’re not the first to deal with this type of situation, and you won’t be the last.
How could you end up with both a felony and misdemeanor?
It’s possible to face multiple charges from a single incident. There are plenty of ways this could occur, but we’ll provide some examples for clarity.
Imagine that a police officer signals a driver to pull over, due to a broken taillight. The driver is in possession of an illicit substance or has an existing arrest warrant, so he panics and tries to outspeed the police officer to avoid being caught.
Because he is speeding in an attempt to shake off the officer, he drives recklessly, putting others on the road in grave danger.
When he eventually is caught, he will be charged with both fleeing a police officer while putting others in danger (a class D felony in Arkansas).
When the police search his vehicle, they find less than 28 grams of tramadol– which is considered a Class A felony due to its status as a Schedule IV substance.
Because of one incident, this driver is now potentially facing simultaneous felony and misdemeanor charges.
What happens if I’ve been charged with both a felony and a misdemeanor?
If the charges were incurred simultaneously, they will be dealt with in one court proceeding. That means that you won’t have to deal with separate court dates for the various charges– which is a small blessing that makes things just a little bit easier.
You will almost certainly be given the right to a trial by jury, which means that a group of impartial jurors will hear the evidence presented during your trial in order to reach a verdict amongst themselves.
What should I do if I’ve been charged with both a felony and a misdemeanor?
When your arrest is happening, and during the time directly afterward, you should remain as calm and cooperative as possible. Don’t fight with the officers or try to resist arrest; this can only make things more difficult for you.
Be sure to exercise your right to silence. The police officers will read your Miranda rights notifying you of your right to remain silent and your right to appoint an attorney; you should absolutely remain silent. Any statement you make, no matter how innocuous, can potentially be used against you in court.
Get in touch with a lawyer
You should also contact an attorney as soon as possible. At Digby Law Firm, we pride ourselves on being bold and aggressive attorneys– we’ll fight as hard as we can for your rights. We’re not afraid to tackle even the most serious of cases; we’re motivated by seeking justice for our clients. We’re here to listen to you and protect you.
If you’d like to get started with one of our attorneys ASAP, give us a call today or reach out for a free consultation.
What Happens After a Drug Arrest?
A drug arrest in Arkansas can happen quickly, but the legal process that follows can take considerably more time. Being placed under arrest is only one part of a criminal case. After an arrest, several legal decisions may follow, including whether formal charges are filed, what charges are appropriate, what evidence the State intends to use, and whether the accused person should be released while the case is pending.
Understanding what happens next is especially important if you have never been arrested before. A drug arrest does not mean you have been convicted. The State still has to pursue the case through the criminal justice system and prove the allegations according to the applicable legal standards.
Can You Be Arrested Without Being Charged in Arkansas?
The words “arrested” and “charged” are often used as though they mean the same thing. They do not. In Arkansas, an arrest and a formal criminal charge are separate parts of the legal process, and a person can be taken into custody before prosecutors formally file the charges that will ultimately be pursued.
That distinction can be confusing, especially when someone is released from custody and is unsure whether the matter is finished. An arrest can begin an investigation or criminal proceeding without immediately telling you exactly how the case will eventually be charged.
First-Time Drug Offender Guide: What to Know About Drug Charges in Arkansas
Being charged with drug possession for the first time can be overwhelming. You may have questions about whether you could face jail time, whether a felony conviction is possible, or whether probation may be available. Even when you have no prior criminal record, a drug possession charge in Arkansas should be taken seriously.
Arkansas drug laws and penalties can vary depending on the substance involved, the amount alleged to be in your possession, and the circumstances surrounding the arrest. A first offense does not automatically mean that the charge will be dismissed or that you will avoid serious consequences.
If you are facing a first time offense possession controlled substance Arkansas charge, understanding your legal options early can make an important difference.