Little Rock Drug Crime Attorney

Drug Crime Attorney Explains Your Options

In Arkansas, even a low-level misdemeanor drug conviction can block your career and educational goals. Instead of handling this alone, speak with a drug crime lawyer immediately. 

Our drug crime lawyers in Little Rock, Arkansas practice throughout Pulaski County and across Arkansas. We understand how local judges, prosecutors, and specialty courts approach these cases. More importantly, when federal agencies like the DEA, FBI, ATF, or IRS get involved, we shift our focus to Federal Sentencing Guidelines.

Again, if you want to talk to an attorney now, give us a call at 501-838-4043. Otherwise, read on to understand the basics of drug crimes in Arkansas. 

What Is a Controlled Substance?

The Arkansas Uniform Controlled Substances Act (AR Code §5-64-101 through §5-64-510) defines controlled substances to include drugs and their immediate precursors. A precursor is defined as an ingredient used to make certain drugs.

Drug Schedules: The Range of Risk

Arkansas law divides controlled substances into a range of categories called Schedules. Schedule I includes drugs with high risk of abuse and no accepted medical use, like Meth. By contrast, Schedule V includes drugs with accepted medical uses and low risk of abuse, such as cough medicine. 

If law enforcement finds you in possession of higher-risk drugs or drugs for which you have no prescription for, calling a drug crime attorney from Ludwig Law Firm is your best path forward. 

Types of Arkansas Drug Charges

In practice, Arkansas law recognizes five kinds of drug charges you could face. Because of this variety, speaking honestly with an attorney about the amount and type of drug can directly impact the outcome of your case. 

Drug Possession Charges

Possession of certain controlled substances is illegal under AR Code §5-64-419. Under this statute, potential charges are broken down as follows:

• Schedule I or II Drug (Not Including Cocaine or Meth): Class B, C, or D felony. The level of the felony depends on the amount of Schedule I drugs in your possession. However, cocaine and methamphetamine possession are charged and punished differently.
• Cocaine: Class B, C, or D felony depending on the amount of cocaine in your possession.
• Methamphetamine:  Class B, C, or D felony depending on the amount of meth in your possession.
• Schedule III Drug: Class A misdemeanor or Class B, C, or D felony offense depending on the amount in your possession.
• Schedule IV or V Drug: Class A misdemeanor or Class B, C, or D felony offense depending on the amount in your possession, though the amounts differ from those for Schedule III drugs.
• Marijuana: Possession of a Schedule VI drug can be a misdemeanor or felony based on the amount in your possession and your criminal history. This can be a Class A misdemeanor, or a Class A, B, C, or D felony.

You also can face prescription drug charges if you are in possession of prescription medications without a valid prescription. 

Manufacturing Controlled Substances

In addition to drug possession, Arkansas law criminalizes manufacturing, creating, or cultivating drugs in addition to possession. 

Specifically, AR Code §5-64-423 (The Uniform Controlled Substances Act) classifies the manufacturing of meth as a felony offense. You can be charged with the most serious felony offenses (Class A or Class Y) under this statute.

Possession With Intent to Deliver

Next, there are several statutes that address possession of illegal drugs for the purpose of delivering (gifting or selling) them to others. 

Importantly, the quantity in your possession will dictate whether you are charged with a Class C, B, or A felony. For the less serious drugs, you also could be charged with a Class D felony or Class A misdemeanor. 

Drug Trafficking

At the highest level, the State may also accuse you of a felony under AR Code §5-64-440 for trafficking a controlled substance. You may be accused of trafficking drugs if you possess with the purpose to deliver or manufacturer a controlled substance in the following amounts:

• 200 grams or more of meth or cocaine
• 200 grams or more of a Schedule I or II substance
• 400 grams or more of a Schedule III substances
• 800 grams or more of a Schedule IV or V substance
• 500 pounds or more of a Schedule VI substance

This crime is a Class Y felony. If you are facing trafficking charges, contact a Little Rock drug possession lawyer immediately. 

Possession of Drug Paraphernalia

Separately, Arkansas law prohibits possessing drug paraphernalia under AR Code §5-64-443. Drug paraphernalia can be many things, including but not limited to, pipes, scales, and needles. 

Courts determine whether an item qualifies as paraphernalia based on circumstances surrounding the item and its possessor. Qualifications include possessor’s prior convictions, statements regarding the object, proximity of the object to a drug, and the presence of drug residue on the item. Thus, even everyday household items like spoons, balloons, or envelopes could present a threat to your case. 

Depending on the item and associated drug, Arkansas prosecutors can charge you with a Class A misdemeanor or a Class B or D felony for each individual piece of paraphernalia in your possession. Paraphernalia to be used with meth and cocaine leads to the highest charge: a Class B felony. 

Arkansas Drug Crime Penalties

For non-habitual/first-time offenders, you may be facing the following “normal range” of penalties set by Arkansas law:

• Y Felony: Between 10 and 40 years in prison, or life imprisonment, and a fine of $1,000,000
• A Felony: Between 6 and 30 years in prison and a maximum fine of $15,000.
• B Felony: Between 5 and 20 years in prison and a maximum fine of $15,000.
• C Felony: Between 3 and 10 years in prison and a maximum fine of $10,000.
• D Felony: Up to 6 years in prison (up to life, if habitual) and fines up to $10,000.
• A Misdemeanor: Up to 1 year in jail and a fine up to $2,500.
• B Misdemeanor: Up to 90 days in jail and a fine up to $1,000.
• C Misdemeanor: Up to 30 days in jail and a fine up to $500

For habitual offenders, you could well be facing up to 80 years for any class felony, or even life imprisonment. 

Wondering where to find this data? Arkansas law establishes these penalties under the Arkansas sentencing grid, which is a guide for Arkansas prosecutors and judges when they determine jail time. 

But remember – our Constitution’s Sixth Amendment guarantees the right to a lawyer and speedy trial. If you are a first-time offender, or even if you have multiple offenses under your belt – call Ludwig Law Firm’s Arkansas drug crime lawyers today! 

Defense Themes That Change Outcomes

At Ludwig Law Firm, we like to think of defense themes that will position us best in the trial. 

First, we focus on improper procedure. The most successful drug defenses start with the stop (reasonable suspicion), the search (probable cause, warrant scope, consent voluntariness), and the seizure/chain of custody (what was tested and how). If law enforcement failed to follow procedure, we file a motion to suppress. 

Next, we meticulously scrutinize the nature of possession. We challenge constructive possession, which is the concept that a person has control over an object even when they do not physically have it on their person, by arguing that proximity was mistaken for control.

Third, we highlight documentation of proper medical drug usage. In our experience, PDMP records, refill histories, and medical evidence frequently matter more than the label in prescription-drug cases.

Lastly, when early mitigation helps (treatment, counseling, verified employment, negative screens), we deploy it to earn better bond, better negotiations, or a true second chance. 

Dos and Don’ts From a Drug Crime Attorney

If law enforcement arrests or accuses you of a drug crime in Arkansas, follow these three dos/don’ts to protect your case: 

1. Do hire a lawyer immediately.
   Do not speak to investigators without your lawyer.
2. Do be respectful to the police.
   Do not consent to searches you do not understand.
3. Do save messages, photos, and videos tied to the incident, and make a private witness list while details are fresh.
   Do not post any evidence on social media. Stay off Facebook until the case is closed.

From possession to trafficking, we guide you through each step of the criminal process, from first appearance and bond conditions to full scale trials. Connect now to get started.