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Your Greenbrier Criminal Defense Attorney
Being charged with a crime in Greenbrier can feel like the ground has moved. Before anything else, it helps to know that Arkansas’s rules on grading, deadlines, and clearing a record are written down, and they are more specific than most people expect. The sections that follow cover how Arkansas grades charges, the time limits on prosecution, the courts involved, and the options for clearing a record afterward. Talking with an attorney who knows local practice can turn these general rules into a plan for your case.
Quick Answers on Charges, Deadlines, and Records
- Grading: Arkansas sorts crimes using felony classes Y, A, B, C, and D, plus unclassified; misdemeanor classes A, B, and C (Ark. Code 5-4-401), and the grade sets the range of possible penalties.
- How long can they wait to charge me? a Class Y or Class A felony must be prosecuted within 6 years; a Class B, C, D, or unclassified felony within 3 years, under Ark. Code 5-1-109.
- How long until trial? trial must be held within 12 months of arrest, absent excluded delay, under Ark. R. Crim. P. 28.1, 28.2, 28.3.
- Clearing a record: Arkansas provides for sealing under the Comprehensive Criminal Record Sealing Act of 2013 (Ark. Code 16-90-1401 and following sections); eligibility depends on the offense and how the case ended.
How Arkansas Grades Criminal Charges
Under Ark. Code 5-4-401, Arkansas groups offenses using felony classes Y, A, B, C, and D, plus unclassified; misdemeanor classes A, B, and C. The class or degree sets the outer range of the sentence, and the specific number within that range depends on the offense charged and the circumstances.
The grade of a charge also shapes practical questions beyond sentencing, including which court hears the case, whether a jury trial applies, and how the matter later appears on a background check.
The charging document is what actually fixes the range a court can impose, so having an attorney review it early is the fastest way to know what a specific charge means.
Your Rights During a Criminal Case
Some protections come from the U.S. Constitution and apply the same way in Arkansas as anywhere else. Miranda v. Arizona, 384 U.S. 436 (1966), requires warnings before a custodial interrogation, and Gideon v. Wainwright, 372 U.S. 335 (1963), guarantees an appointed attorney for someone who cannot afford one.
In addition, the Sixth Amendment provides a right to a jury trial for serious offenses, and the prosecution must prove guilt beyond a reasonable doubt under In re Winship, 397 U.S. 358 (1970); a defendant is presumed innocent until that happens.
Beyond trial, a conviction can usually be appealed to a higher court, and the right against self-incrimination applies at every stage of the case, not just during the initial arrest.
Arkansas's Time Limits on Prosecution and Trial
The deadline to start a prosecution is set by Ark. Code 5-1-109: a Class Y or Class A felony must be prosecuted within 6 years; a Class B, C, D, or unclassified felony within 3 years.
Once charged, trial must be held within 12 months of arrest, absent excluded delay, under Ark. R. Crim. P. 28.1, 28.2, 28.3.
Because these dates can decide whether a case can proceed at all, confirming the date of the alleged offense and the date any charge or complaint was filed is worth doing early with an attorney.
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Where Your Greenbrier Case Is Heard
In Arkansas, a felony charge is heard in the circuit court, and a misdemeanor is generally heard in the district court (Class B and C misdemeanors) or circuit court (Class A misdemeanors, where no district court sits). A charge from Greenbrier belongs to Faulkner County.
A case generally starts with an initial appearance shortly after arrest, where bail or pretrial release is addressed, followed by a preliminary hearing or grand jury step, and then, if the case continues, pretrial motions and trial.
Answers on the Charges We Hear About Most
Driving Under the Influence in Arkansas
Arkansas’s impaired-driving law sets its own thresholds and penalty structure for a DUI charge, and prior offenses typically increase what is at stake. The specific numbers that apply to a given charge come from the statute cited in the charging document, not a general rule.
Diversion or treatment programs are available in some DUI cases under Arkansas law; whether one applies depends on the charge and the person’s record.
The path through the system is similar across charge types: an initial court appearance, a bail decision, and a preliminary hearing or grand jury step ahead of any trial.
Drug Charges in Greenbrier
Arkansas law distinguishes simple possession, meant for personal use, from manufacturing or distribution offenses, which carry substantially higher penalties. The schedule of the substance involved and the quantity typically decide how a charge is graded under Arkansas’s controlled substances statute.
Diversion, treatment court, or conditional discharge programs exist in many drug cases in Arkansas; eligibility depends on the charge and criminal history.
The path through the system is similar across charge types: an initial court appearance, a bail decision, and a preliminary hearing or grand jury step ahead of any trial.
Assault Charges in Greenbrier
Arkansas generally distinguishes simple assault from aggravated assault, with the aggravated form usually involving a weapon, a serious injury, or a victim in a protected category such as a law enforcement officer. Which category applies, and the resulting range of penalties, is set by the specific statute charged.
Protective orders are sometimes sought alongside an assault charge and follow their own separate procedure in Arkansas.
Regardless of the specific charge, a case generally moves through an initial appearance, a bail determination, and a preliminary hearing or grand jury review before trial.
What Determines the Severity of a Theft Charge
Theft charges in Arkansas are usually graded by the value of the property involved, with higher-value thefts charged as felonies and lower-value thefts as misdemeanors. The exact dollar thresholds are set in Arkansas’s theft statute and can change the range of penalties considerably.
Retail theft, or shoplifting, is sometimes graded under its own separate statute rather than the general theft law.
The path through the system is similar across charge types: an initial court appearance, a bail decision, and a preliminary hearing or grand jury step ahead of any trial.
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Clearing a Record After a Charge in Arkansas
Arkansas provides for sealing under the Comprehensive Criminal Record Sealing Act of 2013 under Ark. Code 16-90-1401 and following sections. Whether a particular charge or conviction qualifies, and how long the wait is, depends on the offense and how the case ended. many misdemeanors and some nonviolent Class C and D felonies are eligible; Class Y, A, and B felonies and violent or sex offenses are excluded
A cleared record can matter for employment, housing, and professional licensing applications, which is why many states offer some path to clear at least certain charges.
The details that decide eligibility, the offense, the disposition, and how much time has passed, are worth reviewing with an attorney.
Local Court Details for Greenbrier
Greenbrier cases are heard as part of Faulkner County. Knowing which court you will be in, and how it schedules cases, matters, and an attorney who handles matters there can help.
Every Arkansas city we cover is listed on our Arkansas criminal defense attorney page. If your case involved another town in the area, see our pages for Conway, Morrilton, and Maumelle. For an injury claim rather than a criminal charge, our Greenbrier personal injury page explains the rules.
Frequently Asked Questions
Does Arkansas use degree or class levels for crimes?
That depends on the state. Arkansas’s approach is felony classes Y, A, B, C, and D, plus unclassified; misdemeanor classes A, B, and C (Ark. Code 5-4-401).
Why do deadlines matter in a criminal case?
Deadlines affect whether a case can be brought at all, so the date of the alleged offense and the date charges were filed are both worth confirming early.
What happens if my trial does not start on time?
Where a specific deadline exists and is missed, the usual remedy is dismissal of the charges, though the details depend on the state’s rule.
Who decides which court hears my case?
The location of the alleged offense generally determines venue, meaning which specific court handles the case.
Does an arrest without a conviction stay on my record?
That depends on the state and the outcome of the case; some non-conviction records are treated differently than convictions.
Does a prior DUI make a new charge more serious?
Generally yes. Repeat offenses typically carry higher penalties under Arkansas law, and a prior conviction can also change how a new charge is classified.
Can charges be dismissed before trial?
Yes, in some cases, based on the evidence, a legal defect in the charge, or a negotiated resolution.
Get Started With an Attorney in Greenbrier
A charge is easier to face with someone reading the paperwork alongside you. Submit the form to be connected with an attorney who can go over the charge and the court in Faulkner County.
