General FAQ

How to pick a lawyer

Talk with as many lawyers as possible.  Determine which ones you can afford.  When interviewing the attorneys, ask which ones have experience dealing with your type of case.  Ask them:

Have you ever been to a police academy or any other law enforcement training?

Have you ever arrested someone?

Have you ever ridden with a police officer and seen how they make their arrest decision?

Have you ever trained police officers on the street in real world situations?

Have you ever investigated a case that resulted in the issuance of a search warrant?

Have you been certified to perform field sobriety tests?

Have you ever operated a breathalyzer?

Have you ever prosecuted people charged with a crime?

Have you ever trained prosecutors?

Have you ever lectured your peers on topics of criminal law?

Have you ever sat as a special judge on criminal cases?

Is your practice devoted primarily to criminal law?

John C. Collins can answer "yes" to each one of these questions.  Wouldn't you want a lawyer that can do the same.

 

johnonstairsIs the initial consultation free?

In most cases yes, however, we do charge if the consultation consists of reviewing large amounts of paperwork and research of the applicable law. You will be told up front what the cost will be and how it is calculated.

 

How much do you charge?

We charge enough to do the case right! We do not have a set fee for cases. Each case has its own individual facts and requires varying amounts of research. Some cases involve interviewing multiple witnesses or visiting the scene of the arrest. Some cases involve hiring an expert witness or a private investigator. It would be a disservice for us to charge a routine fee, because there are no routine cases. That being said, generally speaking a misdemeanor case can cost anywhere from $500-$5000, and a felony case will cost between $2,500-$30,000. These prices vary greatly but so do the individual cases.  If we are working on a case where you are being charged by the hour our fees range from $200-$250 per hour.

 

Do you take payments?

Yes. In most cases, however, you will be required to pay a sum of money to begin the representation.  After that payment is made we can set you up with various payment options.

 

Do you take credit cards?

Yes.  We take visa, mastercard, and discover.

 

What kinds of cases do you handle?

In our Little Rock office our firm concentrates on cases involving alcohol or drugs. That does not mean that we take only drug or alcohol cases. Many accidents, computer crimes, domestics’ crimes, batteries, etc... involve a person who is under the influence of drugs or alcohol. Regardless of the kind of case you have, please call and discuss it with one of our attorney’s. If you get caught with cocaine, meth, hydrocodone (or any other prescription drug), heroin, marijuana, drug paraphernalia, a lab, or any illegal drug precurser we will defend you.  We will check the validity of any search warrant or arrest warrant.  We will help you get your property back if it has be seized.  We have represented people for simple possession and for possession with intent to deliver. 

In our Hope office we have a more generalized practice so we can meet the needs of the community.  We will assist you with Business litigation and formation, contract drafting, criminal law, etc.. not just in Hope but in Texarkana and the surrounding area.  If we do not handle the type of case you have we will refer you to someone we trust.

 

Where do you handle cases?

Although we have offices located in Little Rock (Pulaski County) and in Hope (Hempstead County), we have handled cases all over the State.  We have handled cases from Texarkana (Miller County) to Fayetteville and many places in between.  We have clients from Alabama, Maine, Michigan, New Mexico, Texas, Mississippi, Tennessee, Missouri, California, Louisiana, Oklahoma, North Carolina, Colorado, Georgia, and Arkansas. We will travel to meet with a client or to talk to witnesses regardless of where they may be. 

 

What is the difference between a felony and a misdemeanor?

Misdemeanors are usually crimes which have a penalty of no more than 1 year in the county jail and no more than $1000 fine. There are actually 4 classifications of misdemeanors. Class A misdemeanor, class B, class C, and an Unclassified Misdemeanor. Felonies have a penalty range from 0-life in prison and fines that can exceed $100,000 in certain cases. There are several classifications of felonies. Class Y, Class A, Class B, Class C, Class D, and Unclassified Felonies. Each carries different penalties. To find out more contact an attorney at our office and we will explain what it means to you.

 

What is drug paraphernalia?

Drug paraphernalia is defined as any equipment, product, and material of any kind that are used, or intended for use, or designed for usein lanting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of teh Arkansas Code relating to drugs.  It includes, but is not limited to, coke vials, spoons, pipes, bongs, roach clips, aluminum foil boats, ballons, light bulbs, water pipes, hypodermic needles, scales, test kits, capsules, papers, etc...

 

What is the penalty for drug paraphernalia?

Possession of paraphernalia is a Class A misdemeanor.  Up to $1000 fine and up to 1 year in jail.  If the possesion is coupled with a felony violation of the drug laws it becomes a Class C felony.  3-10 years in the State Pen and up to $10,000 fine. 

 

How much marijuana can I possess before it is a felony?

Possession of marijuana weighing less than 1 once is a Class A misdemeanor.  Possession over 1 once carries a presumption of intent to deliver and is a Class C felony.  However, in Arkansas a 2nd offense for possession of under 1 once of marijuana is a felony.

 

Do the police have to get a warrant to search my car?

Most of the time a police officer does not need a warrant to search a car.  He must, however, have probable cause, consent, or exigent circumstances.  This rule does not always apply.  There are certain very limited circumstances which may require a warrant.  This is a very complicated area of law.  Call one of our attorneys to discuss the facts of your case.

 

Do I have to let the police search my car or home when asked?

Absolutely not!  More than a handful of people have fallen into the mistaken belief that they must give up their 4th amendment rights when a police officer asks to search.   Some say the police will just search anyway.  Let them!  A search without consent is much easier to defend than one in which consent was given.

 

Can I get a felony taken off my record?

Many cases can be expunged after probation is completed; some cannot be.  There are two provisions under the law for getting an expungement.  Call one of our attorneys to find out if you qualify.

 

 

 

 

 

Can I get a DWI if I wasn’t driving?

Ironically there is no requirement for driving to get a driving while intoxicated charge. The law states you must be in actual physical control of the vehicle.  The Courts have determined that to mean having the keys in the ignition, whether the vehicle is running or not. Generally, the police will attempt to prove physical control by asking if you have been driving or by other circumstantial evidence.  The law has become very muddled with this element of the crime.  To make this area of law even more confusing, you are not even required to be in an automobile.  You can get a DWI on a four wheeler, golf cart, or any other motor driven vehicle.  If you have a specific question you should contact our office so one of our attorneys can determine if it applies to your case.


click here to learn more button