Recent Developments in Criminal Law

by admin on May 8, 2015 in Uncategorized

Keith, Miller, Butler, Schneider & Pawlik, PLLC, has long had a reputation for providing professional, committed, and thorough representation for clients facing criminal charges. From matters minor to complex, the attorneys at KMBSP know that results matter, and we are pleased to provide an overview of the firm’s recent successes.

(Every case is unique, and no result is guaranteed. If you are in need of legal services, contact our office for a consultation: 479-621-0006.)

DWI Conviction Reversed by the Arkansas Supreme Court

Attorneys Andrew Miller and Mason Boling represented a client convicted of Driving While Intoxicated on his appeal to the Arkansas Supreme Court.

The trial court determined that the client took Ambien, a prescription sleep aid, and then drove his car in a state akin to sleepwalking. The prosecution contended that the client’s intent (whether he acted reckless, for example) was irrelevant to the case. The trial court agreed, fining the client and sentencing him to jail.

On appeal, the Arkansas Supreme Court reversed the conviction, finding that the State must prove beyond a reasonable doubt that a person acted recklessly—in other words, that the person consciously disregarded a substantial and unjustifiable risk—in order to be convicted of DWI. Prior to this decision, no Arkansas appellate court had determined whether a criminal mental state was required.

The case is Leeka v. State, 2015 Ark. 183.

Client Acquitted of All Counts in Felony Neglect Case

Attorneys Andrew Miller, Kristin Pawlik, and Mason Boling represented a client charged with multiple felonies and one misdemeanor for allegedly endangering her children and subjecting them to false imprisonment.

Following the State’s presentation of evidence, the defense team moved for a directed verdict, arguing that the prosecution failed to meet its burden of proof, and that the case should not be submitted to the jury.

After more than an hour of oral arguments, and a lengthy recess in which Judge Brad Karren considered the motion, the court agreed with defense counsel and acquitted the client of all felony charges. A single misdemeanor charge was presented to the jury. Following approximately two hours of deliberations, the jury found the client not guilty.

Mr. Miller said that he was “grateful” for the just outcome, and that the client “is ready to get on with her life and be with her children.”

Office Expansion in Fayetteville

KMBSP is pleased to announce that a new Fayetteville location will open June 1, 2015, in the E.J. Ball Plaza on Center Street. Criminal defense attorney John Baureis and his staff will be in the office during regular business hours, Monday through Friday.

Mr. Baureis said that he is excited about the opportunity and looks forward to being able to more efficiently represent clients in both Benton and Washington Counties, as well as the surrounding areas.

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Keith, Miller, Butler, Schneider & Pawlik, PLLC, is a multi-focus law firm with offices in Fayetteville and Rogers, Ark. With attorneys practicing in nearly every major legal area, KMBSP is here to help, no matter what your legal need may be.

KMBSP is your trusted team—when it counts.

CONTACT

Main:
224 S. 2nd St. Rogers, AR 72756

Ball Plaza:
112 W. Center Street, #555 Fayetteville, AR 72701

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CONTACT US

Main:
224 S. 2nd St. Rogers, AR 72756


Ball Plaza:
112 W. Center Street, #555 Fayetteville, AR 72701
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