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Key Factors When Selecting Legal Counsel in Jonesboro, AR

Tue, 17 Mar 2026 14:00:08 GMT

Key Factors When Selecting Legal Counsel in Jonesboro, AR

Selecting legal counsel in Jonesboro, AR requires evaluating experience, communication style, and local court familiarity to ensure you receive effective representation aligned with your goals and needs.

How Important Is Practice Area Experience?

Practice area experience is critical because laws and procedures vary widely between family matters, criminal defense, business disputes, and other specialties, and you need an attorney who knows your field inside out.

An attorney who handles divorce cases regularly understands custody statutes and asset division rules. A criminal defense lawyer knows plea bargaining and trial tactics. Generalists may lack the depth required for complex issues.

Ask potential attorneys how many cases like yours they have handled and what outcomes they achieved. Specialized knowledge translates to better advice, stronger arguments, and fewer surprises during your case.

What Role Does Local Court Knowledge Play?

Local court knowledge helps your attorney anticipate judge preferences, navigate clerk procedures, and understand docket schedules in Craighead County, which can speed resolution and improve strategy.

Judges have individual styles and priorities. Some prefer written briefs; others value oral argument. Knowing these tendencies allows your attorney to present your case in the most persuasive manner.

Local attorneys also build relationships with court staff and other lawyers, facilitating smoother negotiations and quicker document processing. When you choose counsel who practices regularly in Jonesboro, you benefit from these established connections and insights.

Can Communication Style Affect Your Case Outcome?

Communication style affects your case outcome because clear, timely updates keep you informed, reduce anxiety, and ensure you can make decisions promptly when opportunities or challenges arise.

You need an attorney who listens to your concerns, explains options in plain language, and responds to calls or emails within a reasonable timeframe. Poor communication leads to misunderstandings and missed opportunities.

During your initial consultation, assess how well the attorney answers your questions and whether you feel comfortable sharing sensitive information. A strong attorney-client relationship is built on trust and transparency, and that starts with open communication.

How Does Jonesboro Agricultural Economy Influence Legal Practice?

Jonesboro serves as a regional hub for northeast Arkansas agriculture, and attorneys in the area often handle cases involving farm leases, equipment contracts, land disputes, and estate planning for agricultural families.

The agricultural economy shapes local legal needs. Farmers face unique issues like crop insurance claims, USDA compliance, and succession planning for family land.

Attorneys familiar with rural and agricultural clients understand these concerns and the seasonal timing that affects court availability. When residents search for legal help near me, they find counsel who appreciate the rhythms of farm life and the importance of resolving disputes efficiently during planting or harvest season.

Choosing the right attorney shapes the trajectory of your case. When you select counsel with the right mix of skill, experience, and local knowledge, you position yourself for success.

Greg Bryant, Attorney At Law is committed to delivering personalized, results-focused legal services in Jonesboro. Learn how we can assist you by calling 501-375-3344 to begin your case evaluation.

How to Prepare for a Legal Consultation in Hot Springs, AR

Sun, 15 Feb 2026 14:00:02 GMT

How to Prepare for a Legal Consultation in Hot Springs, AR

Preparing for a legal consultation in Hot Springs, AR means gathering documents, organizing your questions, and understanding what to expect so your attorney can provide clear, actionable advice efficiently.

What Documents Should You Bring?

Bring all relevant documents including contracts, court filings, correspondence, financial records, and any evidence such as photos, receipts, or witness contact information related to your case.

Your attorney needs a full picture to assess your situation accurately. If you have a contract dispute, bring the signed agreement and any emails or letters referencing it.

For family law matters, gather financial statements, tax returns, and custody schedules. Criminal cases require police reports, charging documents, and bail paperwork. Organize everything chronologically and make copies so your attorney can keep a set. The more complete your file, the faster your attorney can formulate a strategy.

How Should You Summarize Your Situation?

Summarize your situation by writing a brief timeline of key events, listing the people involved, and noting specific outcomes you hope to achieve through legal action.

A clear timeline helps your attorney see the progression of events and identify critical dates. Write down who did what and when, focusing on facts rather than emotions.

State your goals clearly. Do you want compensation, a custody change, or dismissal of charges? Knowing your priorities allows your attorney to tailor advice to your needs. Be honest about any weaknesses in your case. Your attorney cannot help if they are surprised by facts later.

What Questions Should You Ask During the Consultation?

Ask about the attorney's experience with cases like yours, the likely timeline and costs, possible outcomes, and what steps you should take immediately to protect your interests.

You want to know if the attorney has handled similar matters and what results they achieved. Inquire about communication practices and who will work on your case day to day.

Discuss fees openly. Understand billing rates, retainer requirements, and what services are included. Ask about best-case, worst-case, and most-likely scenarios so you have realistic expectations. Finally, clarify next steps and deadlines to ensure you follow through promptly.

How Does Hot Springs Tourism Shape the Local Legal Landscape?

Hot Springs attracts tourists year-round due to its historic bathhouses and natural springs, creating unique legal needs around hospitality, property rental disputes, and personal injury claims involving visitors.

The tourism economy means local attorneys often handle issues related to vacation rentals, hotel liability, and vendor contracts. Garland County courts see cases involving out-of-state parties more frequently than rural jurisdictions.

Residents may face disputes with short-term rental guests or questions about zoning for rental properties. Attorneys practicing in Hot Springs understand these regional nuances and how they intersect with Arkansas law. When you search for legal help near me, you find counsel familiar with both local business dynamics and resident concerns.

A well-prepared consultation sets the stage for a strong attorney-client partnership. When you come organized and ready to engage, your attorney can deliver the most valuable guidance.

Greg Bryant, Attorney At Law welcomes the opportunity to meet with you and discuss your legal needs in Hot Springs. Start your journey toward resolution by calling 501-375-3344 to arrange your consultation.

Avoiding Common Legal Mistakes in Benton, AR

Fri, 16 Jan 2026 14:00:08 GMT

Avoiding Common Legal Mistakes in Benton, AR

Common legal mistakes in Benton, AR can cost you time, money, and peace of mind, but working with knowledgeable counsel helps you sidestep pitfalls and protect your rights effectively.

What Are the Most Frequent Errors People Make?

Frequent errors include waiting too long to seek legal advice, signing documents without review, and assuming verbal agreements hold up in court under Arkansas law.

You might think a simple handshake or email chain suffices, but many agreements must be in writing to be enforceable. Waiting until a dispute escalates limits your options and weakens your position.

Another mistake is failing to meet court deadlines. Missing a filing date can result in automatic dismissal or default judgment against you. Even small oversights, like incomplete forms or incorrect service of process, can derail an otherwise strong case.

How Can You Protect Yourself Before a Dispute Arises?

Protect yourself before a dispute arises by having contracts reviewed, keeping detailed records, and consulting an attorney when entering significant agreements or facing uncertain legal situations.

Prevention is always easier than correction. A quick legal review of a lease, employment contract, or business deal can reveal unfavorable clauses or ambiguous terms.

Keep copies of all signed documents, correspondence, and receipts. Organized records become crucial evidence if disagreement occurs. When you sense a problem brewing, early intervention by an attorney often resolves issues quietly and affordably.

Which Documents Should Never Be Signed Without Legal Review?

Never sign real estate contracts, settlement agreements, custody arrangements, or business partnership documents without legal review, as these carry long-term financial and personal consequences.

Real estate transactions involve substantial money and complex title issues. A single missed clause can lead to liens or boundary disputes. Settlement agreements waive your right to future claims, so you must understand every term.

Custody and parenting plans affect your children's lives and your parental rights. Business contracts govern liability, profit sharing, and exit strategies. Rushing through signatures or relying on the other party's assurances puts you at risk. An attorney spots red flags and negotiates better terms before you commit.

How Do Benton Residential Trends Affect Legal Needs?

Benton has seen rapid residential growth as families move to Saline County for schools and affordability, increasing demand for legal services in real estate, family law, and estate planning.

New subdivisions and home construction bring questions about builder contracts, HOA rules, and property disputes. Growing families often need wills, trusts, and guardianship planning.

As the community expands, local courts handle more diverse caseloads. Attorneys practicing in Benton understand the unique mix of rural and suburban legal issues that residents face. When you search for counsel near me, you find professionals who know both the law and the local landscape.

Mistakes are easier to prevent than to fix. With the right guidance, you can make informed decisions and avoid costly errors.

Greg Bryant, Attorney At Law is here to help you navigate legal matters in Benton with care and precision. Experience peace of mind by calling 501-375-3344 to discuss your situation today.

Understanding Legal Representation Options in Little Rock, AR

Fri, 09 Jan 2026 14:00:06 GMT

Understanding Legal Representation Options in Little Rock, AR

When you need legal representation in Little Rock, AR, choosing an attorney who understands local courts and state law makes a significant difference in the outcome of your case.

How Does Legal Counsel Protect Your Interests?

Legal counsel protects your interests by analyzing your situation, explaining your rights, and advocating for the best possible resolution under Arkansas law.

You face complex procedures and unfamiliar legal language when dealing with court matters. An attorney translates that complexity into clear action steps. They review documents for errors or unfavorable terms before you sign.

Representation means someone stands between you and opposing parties who may have their own legal teams. Your attorney negotiates on your behalf and prepares every filing to meet strict deadlines.

What Should You Look For in an Attorney?

Look for an attorney with a track record in the specific area of law your case involves and familiarity with local court procedures in Little Rock.

Experience matters because each practice area has unique rules and strategies. You want someone who has handled cases similar to yours and understands the judges and court staff in Pulaski County.

Communication style is equally important. Your attorney should explain options in plain language and respond to your questions promptly. Trust and transparency form the foundation of a strong attorney-client relationship.

When Should You Seek Legal Advice?

Seek legal advice as soon as you know a dispute, charge, or contract may affect your rights, finances, or freedom under the law.

Waiting can limit your options. Evidence disappears, witnesses move, and filing deadlines pass. Early consultation gives your attorney time to build a thorough case strategy.

Many people search for help near me only after a problem escalates. Preventive advice often costs less and avoids courtroom battles entirely. Whether you face a personal matter or business issue, timely counsel makes a measurable difference.

How Do Little Rock Court Procedures Influence Your Case?

Little Rock court procedures follow Arkansas state rules, and local judges may have specific preferences that affect filing formats, hearing schedules, and motion practice.

Pulaski County courts handle a high volume of cases, so docket timing can vary. An attorney familiar with local clerks and court calendars can anticipate delays and plan accordingly.

Understanding these procedures prevents costly missteps. Missing a deadline or filing an incorrect form can result in dismissal or unfavorable default judgments. Local knowledge ensures compliance at every stage.

Legal challenges require focused advocacy and a clear understanding of Arkansas law. When you work with an experienced attorney, you gain a partner who knows the system and fights for your best outcome.

Greg Bryant, Attorney At Law is ready to help you navigate your legal matter with skill and integrity. Schedule a consultation by calling 501-375-3344 to start building your case today.

Which Legal Services Can Help Your Case in North Little Rock, AR?

Fri, 09 Jan 2026 14:00:06 GMT

Which Legal Services Can Help Your Case in North Little Rock, AR?

Legal services in North Little Rock, AR vary widely, and selecting the right type of support ensures you address the specific challenges your case presents under Arkansas law.

What Types of Legal Matters Require Professional Guidance?

Legal matters requiring professional guidance include disputes over contracts, family law issues, criminal charges, and any situation where your rights or assets are at stake.

You may face a business disagreement, a family custody question, or criminal allegations. Each area demands specialized knowledge of statutes and case law. General advice rarely fits complex situations.

An attorney evaluates the facts, identifies applicable laws, and advises whether negotiation, mediation, or litigation serves your interests best. Even straightforward matters benefit from legal review to avoid future complications.

How Can an Attorney Simplify Complex Processes?

An attorney simplifies complex processes by handling paperwork, meeting deadlines, and communicating with courts and opposing parties so you can focus on daily life.

Legal procedures involve multiple steps: filing motions, serving documents, attending hearings, and responding to discovery requests. Missing one step can derail your entire case.

Your attorney manages the timeline and ensures every document meets court standards. They translate legal jargon into plain English and keep you informed without overwhelming you with unnecessary details. This streamlined approach reduces stress and improves outcomes.

Do North Little Rock Cases Follow Different Rules?

North Little Rock cases follow the same Arkansas statutes as other jurisdictions, but local court administrators and judges may have individual scheduling practices and procedural preferences.

Courts in different counties sometimes prioritize cases differently. Knowing which judge will hear your matter helps your attorney tailor arguments and filings.

Local bar associations and courthouse relationships also play a role. Attorneys who practice regularly in North Little Rock understand these nuances and use them to your advantage. Familiarity with local customs can shorten resolution timelines and improve negotiation success.

How Does North Little Rock Geography Affect Legal Practice?

North Little Rock sits across the Arkansas River from Little Rock, creating a distinct municipal identity with its own city codes, zoning regulations, and law enforcement agencies.

Cases involving city ordinances or local police require knowledge of North Little Rock's specific rules. An attorney familiar with both sides of the river navigates jurisdictional questions smoothly.

This geographic proximity means residents often search for legal help near me and find counsel who serve both cities. Choosing an attorney who understands regional differences ensures comprehensive representation.

Legal challenges do not pause for confusion or delay. When you partner with skilled counsel, you gain clarity, confidence, and a path forward.

Greg Bryant, Attorney At Law stands ready to provide the legal services you need in North Little Rock. Connect with our office at 501-375-3344 to explore your options and plan your next steps.

Navigating Legal Challenges in Conway, AR: Key Steps

Fri, 09 Jan 2026 14:00:06 GMT

Navigating Legal Challenges in Conway, AR: Key Steps

Legal challenges in Conway, AR require clear strategy and knowledgeable counsel to protect your interests and achieve a favorable resolution under Arkansas state law and local court rules.

How Do You Start Addressing a Legal Issue?

Start addressing a legal issue by gathering all relevant documents, writing down a timeline of events, and scheduling a consultation with an attorney who practices in your area of need.

You need a complete picture before any attorney can advise you. Collect contracts, emails, police reports, or court notices. Write down dates, names, and what happened in order.

An initial consultation allows the attorney to assess your situation and explain possible outcomes. Bring your questions and be honest about every detail. Transparency helps your attorney build the strongest case from the beginning.

What Happens During the Legal Process?

During the legal process, your attorney files documents, exchanges evidence with the other side, negotiates settlements, and represents you in hearings or trial if needed.

Each case follows a series of steps. First comes investigation and pleading. Then both sides conduct discovery, sharing information and deposing witnesses. Settlement talks may occur at any stage.

If no agreement is reached, the case proceeds to a hearing or trial. Your attorney presents evidence, questions witnesses, and argues the law before a judge or jury. Throughout this process, your attorney keeps you informed and involves you in major decisions. Patience and cooperation improve results.

Can Alternative Dispute Resolution Save Time?

Alternative dispute resolution methods like mediation and arbitration can save time, reduce costs, and offer more control over outcomes compared to traditional courtroom litigation.

Mediation involves a neutral third party who helps both sides find common ground. It is less formal and often faster than trial. You retain decision-making power and can craft creative solutions.

Arbitration resembles a trial but occurs outside court, with an arbitrator making a binding decision. Both approaches work well when parties want privacy or need a quicker resolution. Your attorney will recommend the best path based on your specific circumstances and the willingness of the other party to cooperate.

How Do Conway Growth Patterns Impact Legal Services?

Conway has experienced steady population growth and economic development, increasing demand for legal services related to real estate, business formation, and family law matters.

As more residents and businesses move to Faulkner County, disputes over property lines, contracts, and regulatory compliance arise more frequently. Local courts have adapted their dockets to handle higher caseloads.

Attorneys practicing in Conway stay current on city ordinances and county regulations that affect clients. Whether you are a longtime resident or new to the area, finding counsel who understands these local dynamics ensures effective representation. People often search for help near me and discover attorneys who know Conway courts and community needs firsthand.

Addressing a legal challenge takes preparation, patience, and the right advocate by your side. With experienced counsel, you can move forward confidently.

Greg Bryant, Attorney At Law is prepared to guide you through each stage of your legal matter in Conway. Plan your consultation by calling 501-375-3344 and take the first step toward resolution.

Domestic Abuse, and The National Football League

Mon, 22 Dec 2025 15:09:15 GMT

Domestic Abuse, and The National Football League

Earlier this week I represented a lady whose husband obtained an order of protection against her. Her husband said my client had assaulted him and that under the Arkansas domestic abuse law, he wanted the judge to remove her and her children from their marital home. Also on the court’s docket that morning were 8 other cases an Order of Protection had been asked for. As the bailiff called all of the cases scheduled for hearing, it looked like the we were in for a long morning. I knew each would take at least 30 minutes to hear. Of those eight cases that were set for a hearing, all of them except for our case was dismissed because no one showed up for court, or they asked the court to dismiss their petition for an order of protection. As it turned out, I was back at the office in less than an hour. He lost. Still, as the bailiff went through each and every case, dismissing one after the other, I got to thinking about what I’ve learned the past 32 years.

Back in 1980, when I worked for the local prosecuting attorney, the crime that is now called “Domestic Violence” was treated differently by the police, the prosecutor and the courts. Most abuse victims, which were mostly women, received little sympathy from those sworn to protect them. It was only when she was seriously injured, or worse, did the police, prosecutor and the courts do much about it.

Back then, when a husband slapped, hit, scratched, bit, his wife, or vice-vers, and if the police were called, the police officer could not make an arrest unless the officer witnessed the incident. When an officer did witness the “illegal touching” often the abuse victim was given some half-heated advice to see the prosecutor and get a restraining order (not an arrest warrant) and file for divorce. That was pretty much the same advise the abuse victim got when she came to the prosecutor’s office, the advice most often given was to go see a divorce lawyer.

It wasn’t that the police and prosecutors didn’t care about the victim. It was that both had become cynical over the years with their experience with victims of domestic abuse. Reluctant to clog up the criminal justice system with “these types of cases,” because in the overwhelmingly majority of these cases, the victim would not come to court to prosecute and if she did, she wanted the charges dropped. The result was that before the arresting officer went home to get some sleep before his shift began, and before the prosecutor who used spare time to prepare for trial closed his case file, and before the judge moved to the next case on his crowded docket, you could hear said in unison, “Just what we expected.” The costs added up to about $1000 a case – and that was in 1980 dollars – and the abuse victim would go back home to their abuser. Based on what I saw earlier this week that part hasn’t changed.

But in 1994 the world changed…at least the world of domestic violence and how abuse victims and the offenders were treated. What happed in 1994 was when former college football and NFL great, TV sports personality and everybody’s hero, a guy named OJ Simpson, was charged with murdering his wife and another person.

Although OJ Simpson was not convicted of this double homicide, the legacy left behind by this terrible crime was the public’s awareness of, and something battered wife advocacy groups could use to further their cause, for victims of domestic violence do. OJ’s legacy was a better understanding why and how abuse victims behave and most importantly, how they are treated by the criminal justice system.

This was because the abuse by OJ Simpson inflicted on his wife before she was murdered is was typical of abuse victims across the nation were treated and how they behaved. Before her death, there were several incidents of domestic abuse in the Simpson home, but only when Simpson put his then former wife in the hospital was he fully prosecuted and then he was given 2 years probation and community service. At that time, his then employer, NBC Sports kept him in their employment and outside of Los Angeles County, nothing was said about OJ Simpson’s history as a wife-beater. Then, four and half years later, Nicole Simpson was stabbed so many times that she was almost decapitated.

After OJ Simpson was acquitted of this double homicide, and as a result of what the public perceived was a criminal justice system that did not offer any protection to Nicole Simpson, there was a flurry of legislation that addressed this matter. First there were laws passed in the state legislatures, and laws that were passed by the U.S. Congress. These laws were designed to prohibit any chance of dismissive treatment of the abuse victim received from the police/prosecutor/court, but also protected abuse victims from themselves.

No longer were the police given the option of whether or not to place an abuser under arrest; no longer did an abuse victim have to live with the abuser until the case was decided in court, and when the abuse victim wanted charges dropped, an appearance before the judge was required and that intimidation factor usually resulted in the case being tried. For the past 20 years, although nothing tells me that incidents of domestic violence have gone down, the penalty the abuser pays is much more significant.

In Arkansas, there are several specific criminal offenses specifically dealing with domestic abuse and there are laws requiring the courts to hear petitions for orders of protection. The laws passed that permit the police to arrest an alleged abuser for causing injury that would be a misdemeanor even when the injury did not occur in their presence. In 1994, the U.S. Congress passed the Violence Against Women Act, later amended in 2013, and has also added to the list of persons who are prohibited from being in possession of a firearm. There has not been, at least to my knowledge, a law passed making the victim of an alleged abuse prosecute the abuser.

But now there is a new trend that worries me. It worries me because I don’t know how far the law and society is willing to go to punish an alleged abuser. And like what happened 20 years ago, it again involves a player in the National Football League.

Ray Rice is one of several professional football players who have recently been accused of abusing their wife or girlfriend. In Ray Rice’s case, there isn’t much room for the word “accused” as it used to be said, “Roll the Tape.”

Although Ray Rice will never be the football hero and TV sports personality that OJ Simpson was, unlike what happened to OJ over 20 years, when he pled to putting his wife in the hospital, NBC did not fire him. They issued a press release.

However, in Ray Rice’s case, his private employer, the Baltimore Ravens have fired him. At least for now, Ray Rice isn’t going to given an opportunity for counseling, he is going to lose his ability to make a living.

I do not know how far the rest of the private sector will mimic what the NFL has done, i.e., terminate the employment of a not-yet convicted domestic abuser, but I worry, is that maybe there’s a better way to permanently end a man’s career.

When a client asks, “Does that judge not like you?"

Mon, 22 Dec 2025 15:05:35 GMT

When a client asks, “Does that judge not like you?"

When I was in law school in the late 1970’s, I would sometimes see a car with a bumper sticker that asked; “Have you hugged your lawyer today?” There have been times the past 32 years I’ve though about that bumper sticker, mostly when someone comes to me because they want to change lawyers. I ask them why they want to make such a drastic move and they usually say, “I don’t think the judge likes my lawyer.”

When I hear that, I can usually help the person understand the lawyer is doing a good job. I have never asked, “Did you ever think about giving you lawyer a hug?” How would you feel if you were a lawyer, fighting for your client and had to appear before an out of control judge?

From the outset, I want to make it clear. It is very, very rare a jurist does not drive to work intending to do the ethical, honest and wise thing; and equally rare when a judge drives home with a clear conscious thinking they did that very thing. But the truth is most every judge worries they have done the right thing in court. And like us, judge’s have bad marriage, kids they worry about, someone on their staff they want to fire, concern that an appellate court is going to reverse the judge’s decision. Judge’s have lots of stress too. The experienced lawyer knows that the cranky judge is a lot happier when lawyers are not antagonistic with each other, and their clients are reasonable. The experienced lawyer knows the best way to “get the judge on your side”, is to be prepared, present your client’s case professionally and for your client to be and act civil outside the court, be reasonable when negotiating, and not unruly while testifying. The experienced lawyer knows that the best way for a lawyer to reverse a judge’s negative opinion of the party or the lawyer is to accept an adverse ruling, not talk back, argue or make a face.

But what do you do when the judge is wrong. Sometimes, I really mean almost never, a judge is just plan nuts…wacky…bonkers.

An article in the most recent edition of On-Line American Bar Journal reminds me of the judge who needs to removed from hearing any case. The ABJ tells the story of a Florida judge – not the one that earlier this year punched a public defender in the face – but of another wacky, crazy, Florida judge. I have put my comments in bold type, but here is a partial reprint of the ABA Journal article:

“Even before she assumed the bench nearly four years ago, a Florida judge had begun to exhibit 'a pattern of behavior which is inexplicable, appears to demonstrate instability and is disruptive to the 18th Judicial Circuit,' contends an ethics complaint filed Monday against Judge Linda Schoonover.”

“Perhaps best-known for sending a Facebook friend request to a party in a divorce case who contended the judge retaliated against her when she refused it, Schoonover demonstrated 'paranoia' and made incorrect statements on multiple occasions, the Florida Judicial Qualifications Commission says in its notice of formal charges.”

(Note: The article refers to an earlier article about this judge which I have reprinted in italics. You can skip to the rest of the article or read what happened when the judge sent a Facebook friend request to a woman whose divorce case the judge was hearing).

A Florida judge who sent a Facebook friend request—which was rebuffed—to a litigant in a divorce she was presiding over has been removed from the case, the Wall Street Journal Law Blog reports.

Judge Linda D. Schoonover reached out to litigant Sandra Chace ex parte with the friend request… Chace did not accept the request after her lawyer advised her not to. Chace’s lawyer alleged that when she denied Schoonover’s friend request, the judge retaliated by giving her most of the marital debt in her divorce, and giving her husband, Robert Loisel Jr., a larger alimony award.

“It seems clear that a judge’s ex parte communication with a party presents a legally sufficient claim for disqualification, particularly in the case where the party’s failure to respond to a Facebook ‘friend’ request creates a reasonable fear of offending the solicitor,” the opinion states. “The ‘friend’ request placed the litigant between the proverbial rock and a hard place: either engage in improper ex parte communications with the judge presiding over the case, or risk offending the judge by not accepting the ‘friend’ request.”

You gotta wonder what the client thought about her lawyer when that happened. After all, he told her not to accept the friend request. Now, back to recent ABA Journal article:

“The filing contends that the judge, or someone acting on her behalf contacted the Florida Department of Law Enforcement. The complainant said that the judge’s office had been bugged, when it wasn’t; accused a former chief circuit judge of assigning Schoonover a larger than standard amount of work, which he didn’t; and complained that unauthorized persons were shown entering Schoonover’s chambers on a security camera she had installed.”

“As with the other issues reported, the FDLE investigated the claim about unauthorized entrance. After reviewing the video footage, the agency determined that the individuals in question were court maintenance personnel, the (ethics bar) says, characterizing the incident as an example of “bizarre” behavior on the judge’s part. ‘Your bizarre behavior was based in part on your belief that your judicial colleagues and courthouse personnel have or intended to mistreat you,’ wrote the (ethics bar).”

And, even that wasn’t enough to remove the judge from hearing cases, because the Florida supreme court allowed her to keep deciding cases.

“Schoonover remains on the bench…and currently presides over a juvenile dependency (docket)….”

So, if you find yourself wondering, “Does the judge not like my lawyer” consider that there’s nothing wrong with your lawyer and that your lawyer might just need a pat on the back, and you might want to get a bumper sticker that asks, “Have you hugged your lawyer today?”

Is there a defense to a federal felon in possession of a firearm charge

Mon, 22 Dec 2025 14:59:33 GMT

Is there a defense to a federal felon in possession of a firearm charge

The law is very clear. A person violates federal law if he or she has been convicted of a felony in either state or federal court, and at any time or for any reason, possesses a pistol, rifle or a shotgun. But should this hard line rule apply in every case? What if it is necessary that a felon possess a firearm in order to defend himself, or another person, from being killed or seriously hurt? For example, what if a man who was convicted in a state court of felony hot check violations happens upon a elderly person that is being beaten and robbed at gun point. What if this same person, who I will call our Good Samaritan, knocks the gun from the robber’s hands and holds the robber at gun point until the police arrive? Should our Good Samaritan be convicted of violating title 18, U.S.C. Section 922(g)(1) the federal law that bans felons from holding, possessing, using or even smelling a firearm. He probably will be indicted, but can our Good Samaritan argue to the jury that he was defending the elderly woman and was justified in possessing the robber’s firearm? The answer is Maybe!

Although most federal circuits recognize self-defense or defense of others (called a Justification Defense) to a Section 922(g)(1) violation, those federal courts will require our Good Samaritan to pass a Four-Part Test and show the trial judge there is evidence to support his defense. The additional problem is that this test is so tough, even our Good Samaritan might not pass it. And if our Good Samaritan is indicted in a state that makes up the Eighth Circuit Court of Appeals (Arkansas, Missouri, Nebraska, Minnesota, North Dakota and South Dakota) he is in real trouble because federal courts in those states do not even recognize that there is a defense to a Section 922(g)(1) violation.

What do you do if you are charged with being a felon in possession of a firearm? Plead guilty and get ready to go to federal prison? No, you should call me.

Prior to 1934, federal gun laws did not exist, only the states had gun laws. In 1934, the U.S. Congress passed the National Firearms Act and soon after that passed The Federal Firearms Act that prohibited felons from transporting a firearm across state lines. This law was quickly challenged on grounds it violated the Second Amendment to the U.S. Constitution. In United States v. Miller, a case that originated in the Western District of Arkansas, the U.S. Supreme Court held that the federal firearms acts did not violate the Second Amendment to the U.S. Constitution.

In 1968, Congress passed The Federal Gun Control Act, again making a illegal under federal law for a felon to simply possess a firearm. But Congress did not provide that people like our Good Samaritan were excluded from this federal law, now found at title 18, U.S.C., Section 922(g)(1).

Then, in 1980, in the case of United States v. Bailey, the U.S. Supreme Court held that our Good Samaritan might have a defense to this charge, if he could show that his defense was made in good faith and there was some evidence to support it. Soon after the Bailey decision, most circuits recognized that, although our Good Samaritan might be indicted for violating Section 922(g)(1) violation, our Good Samaritan must pass a Four-Part Test demonstrating there was some evidence to support that defense. But if you are not charged in Arkansas, the federal courts do not recognize a Justification Defense to a Section 922(g)(1) charge. Although some courts will listen to your Justification Defense argument, and might let you make this claim, it is seldom successful. But that might be changing.

I recently argued to a three-judge panel at the Eighth Circuit that it is not only time for a Justification Defense to be recognized by the Eighth Circuit, but that the Four-Part test is unconstitutional. I argued that when the U.S. Supreme Court ruled in District of Columbia v. Heller and McDonald v. City of Chicago, that the Second Amendment to the U.S. Constitution created a constitutional right of self-defense, and that any unreasonable restriction of that right (such as restricting the of right of non-felons to carry a firearm) is unconstitutional, that even a felon has the right to argue this defense to a jury without having to prove to the judge his defense has merit.

I told the Eighth Circuit that a felon can be barred from carrying a firearm, every court, federal or state, should recognize the right of self-defense and any restriction on even a felons right to argue self-defense should not be restricted.

We will wait and see what they decide, but in the meantime, if you are charged with any federal gun violation, no matter what state or federal court, call me. I will provide you with a free phone consultation and if you want, my legal services.

Jim Crow has Gotta Go – Voting Rights of Convicted Felons

Mon, 22 Dec 2025 14:56:51 GMT

Jim Crow has Gotta Go – Voting Rights of Convicted Felons

In a speech he made on Tuesday, February 11, 2014, U.S. Attorney General Eric Holder called for the states to repeal their laws that prohibit a convicted felon’s right to vote. There are very important political reasons why laws that bar a convicted felon’s voting rights should be repealed, and I write about those political reasons below. But when I learned what Mr. Holder said earlier this week, I first thought, how many think that a convicted felon never has, never will and never should have the right to vote? I grew up thinking that convicted felon NEVER has the right to vote. For a while, I practiced law thinking that same thing. They didn’t teach us that in law school. So first, a brief civics lesson.

The right to vote in any election, state or federal, is governed by the laws of the state in which the voter resides. The only way to gain access to a voting booth, whether to vote for the President of the United States, a representative or a senator, a governor or mayor, is by registering to vote. The same goes if you want to vote for your governor or mayor. But some states have permanently banned a convicted felon from voting.

In Arkansas, we are a little more enlightened. In our state, after a person has been released from parole or probation, after all fines, court costs and any other costs paid, a convicted felon can re-register to vote. Section 11(c)(2)(A) of the 51st Amendment to the Arkansas Constitution says, “It is the duty of any convicted felon who desires to register to vote to provide the county clerk with proof from the appropriate state or local agency, or office that the convicted felon has been discharged from probation or parole, has paid all probation or parole fees, or has satisfied all terms of imprisonment, and paid all applicable court costs, fines, or restitution. Other parts of Section 11(c) speak to other requirements but you get the gist.

So, Arkansas is more enlightened but not Texas, North Carolina, Florida, Iowa, Kentucky and Virginia. These states prohibit our country’s 5.8 million felons from voting for President of the United States, a U.S. Senator or the governor of their state. And of the 5.8 million convicted felons in America, about 2.6 million are African-Americans. 2.6 million people of a separate and distinct class. “Those swept up in this system too often had their rights rescinded, their dignity diminished, and the full measure of their citizenship revoked for the rest of their lives. They could not vote” as General Holder said.

Felony convictions, in both state and federal courts, fall disproportionately upon African-Americans. Prison sentences fall disproportionately upon African-Americans. Please don’t tell me, “If they don’t wanna do the time, don’t do the crime” because I’m gonna tell you that some laws, and as we have seen, federal drug laws do punish differently. A federal prison sentence for cocaine powder (the drug favored by upper-middle class whites) is very lighter than a prison sentence for crack cocaine (the drug favored by poor blacks).

As General Holder said in his speech last Tuesday, “criminal justice and civil rights” go hand-in-hand. Those people that reside in those states that disallow convicted felons the right to vote for the elected officials that say what streets get repaired, how high a tax on food and clothing, and what is a crime deny one of the most important rights of all.

If you agree, you might want to read the book, “The New Jim Crow” by Michelle Alexander.

They are gonna retry Gary Dunn! Really!

Mon, 22 Dec 2025 14:53:46 GMT

They are gonna retry Gary Dunn! Really!

It’s now official. The State of Arkansas is going to try and convict Gary Dunn for the murder of Nona Dirksmeyer….AGAIN…FOR THE THIRD TIME. Trial is set for August, 2011. Arkansas State Treasurer BEWARE, the bills that are coming now are gonna be followed but a bunch more.

Dunn’s second trial ended in a mistrial just two weeks ago. The costs of the two trials have not been released, but think about this. Both of Dunn’s trials lasted three weeks a piece. There was a trial back in 2007 when the state tried to send a man to prison that the prosecutors now says is innocent.

Now I have nothing against lawyers getting paid, I am all for it. Especially when the two lawyers are Jeff Rosenzweig and Bill James…as good as legal talent that you can get. But the point is, not only does the state pay their legal fees, the state pays for their accommodations. Six weeks of accommodations so far. Then, you add three employees of the Public Defender Commission…and their costs…for six weeks…so far. And they want to pay them again?

Then there are the lawyers prosecuting the case: Jack McQuary, H.G. Foster and Kent Holt are on the state payroll already, but six weeks of food and lodging have been paid for…so far.

Then the jury. So far, a total of 24 jurors have listened to 42 days of testimony, arguments and instructions. And so far they have voted 16 to 8 FOR DUNN acquittal!

There is no price too high to prosecute and incarcerate the person who murdered Nona Dirksmeyer. And there is a special place in hell for the person who did this. But so far, too many jurors have said Gary Dunn didn’t do this. But for the people who insist on keeping him in jail and putting his liberty in jeopardy, there is another special place in hell.