The dangers of alcohol are drilled into our heads from childhood, especially the harmful effects it can have on the young mind and body. Transitioning from a child to a young adult can bring on a lot of emotional and physical changes. Experimenting and stepping outside of comfort zones is a regular part of development during this confusing time. We all remember being young and irresponsible, but possession of alcohol under the age of 21 is still illegal in the United States.
University students often face additional issues aside from dealing with the criminal system when they get into trouble. Charges of possession, for example, can be confusing, but with our help, we will guide you through the process. Your University of Arkansas student may also hear from the Office of Student Standards and Conduct (“OSSC”) after an arrest. Having some knowledge about dealing with the OSSC disciplinary process can help you guide your University of Arkansas student. Continue reading
Possession of drug paraphernalia is a crime in Arkansas and is governed by Arkansas Code Annotated §5-64-443. The definition of “drug paraphernalia” often turns on the intent of the user and possessor. Continue reading
In Arkansas, possession is a tricky topic, but for more information check out this blog. Arkansas’s minor in possession statute is unique from the general rule. We are here to help you better understand the nitty-gritty of possession and the consequences. Continue reading
Someone commits the offense of public intoxication if they appear in a public place under the influence of alcohol or a controlled substance causing the following;
- The person is likely to endanger himself or herself or another person or property; or
- The person unreasonably annoys a person in his or her vicinity
Arkansas courts have decided that admitting to drinking two beverages at a private location combined with an officer testimony was enough evidence. If the officer witnessed any of the; “smell of alcohol; watery eyes, blurry, and glassy; and behavior” there is sufficient evidence to support a charge of public intoxication. Continue reading
What is a Controlled Substance in Arkansas?
A controlled substance is a drug falling in the unlicensed spectrum, which can affect or harm a person health and future wellbeing. The classification of controlled substances in Arkansas is divided up into six schedules that are arranged by their dependency of abuse, addictiveness, and possible medical use. The Arkansas State Board of Health determines what substances are considered a Controlled Substance. The Arkansas Department of Health (ADH) recognize historical patterns of abuse, current scientific evidence, federal laws, public health and the risk for individuals to become dependent.
Public intoxication: A person commits the offense of public intoxication if he or she appears in a public place manifestly under the influence of alcohol or a controlled substance to the degree and under circumstances such that:
(1) The person is likely to endanger himself or herself or another person or property; or
(2) The person unreasonably annoys a person in his or her vicinity.
Public place: “Public place” means a publicly or privately owned place to which the public or a substantial number of
Criminal possession: The unlawful possession of certain prohibited articles, such as illegal drugs or drug paraphernalia, firearms, or stolen property.
Constructive possession: or dominion over a property without actual possession or custody of it. — Also termed effective possession.
Joint Possession: Possession shared by two or more persons.
Simple possession: The possession of a controlled substance with no aggravating circumstances such as intent to sell.
Probable cause: A reasonable ground to suspect that a person has committed or is committing a crime or that a place contains specific items connected with a crime. Under the Fourth Amendment, probable cause — which amounts to more than a bare suspicion but less than evidence that would justify a conviction — must be shown before an arrest warrant or search warrant may be issued. Continue reading