The Sanders Law Firm, PLLC The Sanders Law Firm, PLLC 2026-09-22T19:53:07Z https://www.sandersfirmpllc.com/feed/atom/ WordPress /wp-content/uploads/sites/1404053/2023/08/cropped-Sanders-Firm-site-icon-32x32.png On Behalf of The Sanders Firm PLLC <![CDATA[3 legal rights during a traffic stop]]> https://www.sandersfirmpllc.com/?p=47313 2026-09-16T13:10:13Z 2026-09-16T13:10:13Z protects drivers during traffic stops in three key ways.

1. Right to remain silent

The Fifth Amendment protects people from self-incriminating comments. This means that drivers have the right to remain silent if the police ask them questions during a traffic stop. However, if a driver chooses to answer questions during a traffic stop, their comments could be used against them. For example, a police officer may ask a driver if they have been drinking. If a driver mentions that they were drinking, this evidence could be used to charge them with drunk driving. Instead, the driver could plead the Fifth and refuse to answer questions beyond basics such as stating their name if asked.

2. Right against unreasonable searches

Under the Fourth Amendment, people have the right against unreasonable searches. Physical evidence the police collect during investigations can be used to charge people for crimes. If the police ask to search a car during a traffic stop, a driver can usually refuse. The police can lawfully search a vehicle for certain reasons, such as if they have probable cause, a warrant or if they made a lawful arrest. However, if the police do not have permission and violate the driver’s legal rights, evidence may not be used in court.

3. Right to record

The First Amendment allows people to record police interactions. Recording a traffic stop helps to ensure that police officers are held accountable for misconduct and protects the driver’s rights. However, drivers must not interfere with a police officer’s duties when recording a traffic stop. Professional legal guidance can help if you are facing criminal charges after a traffic stop. Seeking support can help you to determine whether your rights have been violated, and how to proceed accordingly.]]> On Behalf of The Sanders Firm PLLC <![CDATA[Breath test calibration issues can help challenge evidence]]> https://www.sandersfirmpllc.com/?p=47307 2026-08-24T16:28:16Z 2026-08-24T16:28:16Z When someone is arrested on DWI charges, the police will gather evidence to support this claim. This can start with the officer’s testimony of driving behaviors they observed, for example, or whether or not they smelled alcohol on the person’s breath. The officer needs to establish reasonable suspicion for the initial traffic stop. But one of the main forms of evidence that officers will gather comes from giving that driver a breath test. This test can establish their blood alcohol concentration (BAC). If they have exceeded the legal limit, then the court can presume that they were impaired. Though there are lower limits for underage drivers and commercial drivers, the majority of drivers have a legal limit of 0.08%.

Are the results accurate?

Even when someone fails this breath test, such as an adult driver who has a BAC of 0.09%, there may be ways for them to challenge that evidence. One potential issue is if the breath test was not calibrated and maintained by the police department. Periodic calibration is necessary to ensure accuracy. If the department neglected the test and never performed this calibration, then the results could be off. This is especially important in a situation where the person is close to that legal limit, as in the example above. Even if the breath test is slightly off, they may not have actually exceeded the limit. When using this type of evidence against a person who is facing jail time, fines and a license suspension, it is crucial to establish that the evidence itself is accurate and trustworthy.

DWI defense options

This is just one example of how a person can challenge breath test results and defend themselves against DWI charges. Those facing criminal charges must know exactly what legal steps to take.]]> On Behalf of The Sanders Firm PLLC <![CDATA[Does a prescription always protect against drug charges?]]> https://www.sandersfirmpllc.com/?p=47305 2026-08-16T00:12:10Z 2026-08-16T00:12:10Z The details matter in a drug case Numerous details influence whether or not having a prescription could be part of a defendant's strategy. First and foremost, timing is a critical factor. If an individual did not have a valid prescription at the time of their arrest but has since sought a prescription from a healthcare provider, the prescription they have may do little to convince the state that the charges brought are inappropriate and unnecessary. The type of medication and how often people abuse it are also important considerations. Drugs with lower schedule numbers, including Schedule I and Schedule II drugs, tend to carry the most serious criminal charges and penalties. The amount of the drug found by police officers and the criminal record of the person accused can also influence how the state handles drug charges in a prescription medication case. Those accused of an offense involving a prescribed drug may need help learning about the law, evaluating the state's case and preparing a response, and that’s okay. Legal support can help those accused of drug offenses minimize the lasting consequences of their charges.]]> On Behalf of The Sanders Firm PLLC <![CDATA[Can college students carry firearms on campus in Arkansas?]]> https://www.sandersfirmpllc.com/?p=47303 2026-07-31T10:12:57Z 2026-07-31T10:12:57Z Campus rules and criminal laws can overlap Carrying a firearm on campus in Arkansas is allowed under specific legal requirements. Open carry is not allowed on public campus grounds. In many cases, a person should meet additional licensing requirements before carrying a concealed handgun on campus, and some locations still remain off limits. Firearms also cannot be stored in residence halls or other university facilities. Firearms also cannot be stored in residence halls or other university facilities. Violating any of these rules can draw the attention of both university officials and law enforcement.

Common mistakes that can lead to criminal charges

Many campus weapon cases start with an honest mistake, such as:
  • Bringing a firearm into a residence hall or another prohibited location
  • Leaving a firearm where campus rules prohibit storage
  • Assuming permitless carry applies on campus
  • Carrying without meeting Arkansas’ campus carry requirements
Even if the person did not intend to break the law, officers might still investigate if a crime took place. The circumstances surrounding the incident often matter.

One incident might trigger two separate proceedings

A campus firearm violation can lead to both a university disciplinary process and a criminal case. These are separate proceedings with different rules and possible outcomes. A student may face suspension or expulsion through the school's conduct process while prosecutors decide whether to file criminal charges under Arkansas law. One outcome does not automatically determine the other. Understanding that distinction is important before responding to questions from school officials or law enforcement.

Know the consequences before carrying

Students should review both Arkansas firearm law as well as their college’s firearm policies before bringing a gun onto campus. Taking the time to understand the rules can help prevent criminal charges, university discipline and unnecessary harm to future education or employment opportunities.]]> On Behalf of The Sanders Firm PLLC <![CDATA[3 DWI myths to be wary of]]> https://www.sandersfirmpllc.com/?p=47301 2026-07-23T01:53:29Z 2026-07-23T01:53:29Z 1. You can drink right up to the blood alcohol limit People often believe they or a friend will be fine as long as they do not pass a certain number of drinks. Rather than just stop at one drink, they will try and push it to the limit, so they drink as much as they can without risking arrest. First, it is important to remember that any quantity of alcohol will negatively affect a person’s driving. Second, the police can still arrest someone for drunk driving even if they are under the limit based on what they saw. Finally, there is no way to know for certain how much alcohol will put a person over the legal limit.

2. You can cheat a breathalyzer test

Some people drive after drinking in the belief that they have a sure-fire tactic to trick the police breath or urine test. One example is sucking on a penny or mints before taking a breath test. That will almost certainly fail, and lead to a driver who is over the limit being arrested.

3. You should just accept a DWI charge

People often believe that they are charged with DWI, they may as well just accept it. They don’t understand the defense options that may be available and may not understand the seriousness of the consequences they could face. No matter how you ended up facing a DWI charge, it’s wise to seek legal guidance to examine what options you have.]]> On Behalf of The Sanders Firm PLLC <![CDATA[How witness testimony can affect your case]]> https://www.sandersfirmpllc.com/?p=47297 2026-07-10T15:27:43Z 2026-07-10T15:27:43Z Police procedurals and crime dramas on television have many people believing that a prosecutor needs physical evidence, such as DNA, fingerprints or surveillance video, to win a case. While such evidence can be important, many criminal cases also depend heavily on witness testimony. But witnesses aren't always neutral observers. Personal biases, emotions and faded memories can influence what someone believes they saw or heard. Knowing the issues with witness testimony can help you better understand the importance of a strong defense.

Why witness testimony matters

In many criminal cases, there may be little or no physical evidence connecting the defendant to the alleged offense. Therefore, prosecutors may need to rely on witness accounts to establish what happened and who was involved. A witness's testimony may help establish:
  • The identity of the alleged offender
  • The intent or state of mind of the accused
  • Whether a crime actually occurred
  • A timeline of events
However, witnesses can make mistakes, even ones with supposedly excellent memories. Research has shown that human memory doesn't work like a video recording. Instead, memories can change over time and can be influenced by stress, fear, poor lighting, distance, conversations with others or leading questions. Credibility is often a key issue with witness testimony. Jurors consider many things when deciding if they believe a witness, including:
  • Whether the witness has given consistent statements
  • Whether the witness account conflicts with the physical evidence
  • Any possible bias or personal interest in the outcome
When a witness changes their story multiple times, or their testimony doesn't match the physical evidence, the jurors may find them unbelievable. If you've been arrested or charged with a crime, witness testimony may play a major role in your case. You want to work with someone who can review the evidence, investigate witness statements, identify inconsistencies and prepare an effective defense.  ]]> On Behalf of The Sanders Firm PLLC <![CDATA[Can police search your phone without a warrant?]]> https://www.sandersfirmpllc.com/?p=47272 2026-06-28T01:45:55Z 2026-06-28T01:45:55Z Protecting your rights during a police encounter The Fourth Amendment of the U.S. Constitution protects people from unreasonable searches and seizures. The U.S. Supreme Court recognized that cellphones contain significant amounts of personal information and extended Fourth Amendment protections to cover these devices. As a result, police generally need a warrant from a judge before they can examine the contents of a phone. To get that warrant, law enforcement typically needs to show probable cause that the phone contains evidence of a crime. That means that even if you are arrested, the police usually can’t immediately begin scrolling through your text messages, photos, emails or apps without judicial authorization. However, there are exceptions to the warrant requirement. There are certain circumstances in which police may search your phone without obtaining a signed warrant.

Exceptions to the warrant requirement

One of the most common exceptions is when a person voluntarily permits a search. If an officer asks to look through your phone and you agree, the search is likely lawful even without a warrant. Police can sometimes conduct a warrantless search if there is an urgent need for immediate action, such as when somebody is in danger or a suspect poses a serious threat to the public. They can also search the phone if they reasonably believe that evidence is about to be destroyed. If the police seize your phone, it’s essential not to do or say anything that could affect your legal rights. Instead, contact a legal professional who will help ensure those rights are protected and, in some cases, have the evidence obtained through an unlawful search suppressed.]]> On Behalf of The Sanders Firm PLLC <![CDATA[Peer pressure can lead to drug and alcohol offenses]]> https://www.sandersfirmpllc.com/?p=47267 2026-06-15T18:57:05Z 2026-06-15T18:57:05Z For young people, such as college students, peer pressure can have a major impact on their lives. In some cases, it can even lead to criminal activity, such as drug and alcohol offenses. It is important for parents to remember that social acceptance is very important to college students. They are meeting new people, having new experiences and trying to find out where they fit in their social environment. This is why they can often be pressured to do things that they would never do at home or on their own.

Illegal drug use

For example, one study claims that 21% of teenagers admitted that they have been peer pressured into using illegal drugs. Some gave in to this peer pressure one time, but others may have started a pattern of use. This can lead to charges like illegal drug possession, operating a vehicle under the influence or even attempting to sell illegal substances to other college students.

Underage drinking

Similarly, peer pressure is one of the top reasons for underage drinking. Many college students will still be under 21 for their first two or three years of college, but drinking is very common on campuses and at nearby locations, such as off-campus apartments. Teenagers may drink at parties and social gatherings just to fit in with those around them. They may also be pressured to drink more than they want, as the college scene can often lead to binge drinking.

The legal defense process

Has your college student been arrested on alcohol or drug charges? Be sure you know what legal defense options you have.  ]]> On Behalf of The Sanders Firm PLLC <![CDATA[Dry counties: What you need to know ]]> https://www.sandersfirmpllc.com/?p=47262 2026-06-03T16:33:21Z 2026-06-03T16:33:21Z In a dry county, the primary restriction in place usually involves the sale of alcoholic beverages rather than simple possession. Exceptions, permits and local regulations may also apply, depending on the circumstances. Restaurants, private clubs and special events sometimes operate under specific licensing arrangements even within dry counties. Many people are surprised to learn that some Arkansas counties still prohibit or heavily restrict alcohol sales. Faulkner County is one of several “dry” counties in the state, meaning alcohol sales are limited under local law. While residents and visitors may legally possess or consume alcohol in certain situations, misunderstandings about dry county laws can sometimes lead to criminal charges or unexpected legal trouble.

Concerns that residents and visitors should keep in mind 

Transporting alcohol through or within a dry county can be problematic. While Arkansas law permits some transportation and possession of alcohol for personal use, there are still restrictions regarding quantities, open containers and intent to distribute. Individuals accused of unlawfully selling alcohol, bootlegging or operating unlicensed alcohol-related businesses may face serious criminal allegations. Social gatherings can also inspire legal concerns. Hosting parties where alcohol is sold without proper permits or allowing underage drinking may expose individuals to criminal charges. In some situations, law enforcement investigations may involve allegations of illegal alcohol sales tied to fundraising events, private clubs or informal gatherings. Dry county laws may also intersect with DWI enforcement. Because individuals often travel outside dry counties to purchase or consume alcohol, law enforcement agencies may increase patrols near county lines, highways and entertainment areas. Drivers returning home after drinking elsewhere may face heightened risks of traffic stops and impaired driving investigations. Many people mistakenly assume that because alcohol can be purchased legally in nearby wet counties, dry county restrictions are unimportant or rarely enforced. However, alcohol-related offenses in Arkansas can still result in significant penalties, including fines, probation, license consequences and potential jail exposure depending on the allegations at issue.]]> On Behalf of The Sanders Firm PLLC <![CDATA[Important facts to know about Arkansas DWI laws]]> https://www.sandersfirmpllc.com/?p=47257 2026-05-21T20:31:20Z 2026-05-21T20:31:20Z Arkansas takes driving while intoxicated offenses very seriously. A DWI conviction may lead to jail time, expensive fines, license suspension, mandatory treatment programs, and long-term personal consequences. Understanding Arkansas DWI laws can help drivers avoid costly mistakes and better understand what happens after an arrest.

Blood alcohol limits and implied consent rules

In Arkansas, drivers may face a DWI charge if their blood alcohol concentration reaches 0.08 percent or higher. Commercial drivers face a lower limit of 0.04 percent. Drivers under age 21 may face penalties with a blood alcohol level of only 0.02 percent. Arkansas also follows implied consent rules, meaning licensed drivers automatically agree to chemical testing when officers suspect intoxicated driving.

Penalties connected to DWI convictions

Penalties increase with each offense. A first conviction may result in jail time, fines, community service, alcohol education requirements and suspension of driving privileges. Repeat offenses can lead to much harsher consequences, including felony charges, higher fines and longer periods of incarceration. Enhanced penalties may also apply if a child was present inside the vehicle.

License suspension and ignition interlock requirements

Following a DWI arrest, Arkansas authorities may immediately confiscate a driver’s license. Suspension periods vary depending on the number of prior offenses and whether chemical testing was refused. Many drivers seeking limited driving privileges must install an ignition interlock device. This system requires a breath sample before the vehicle can start and may remain mandatory throughout the suspension period.

Why immediate action matters after a DWI arrest

Arkansas does not allow easy reductions of impaired driving charges, making these cases especially serious. Important deadlines related to hearings, testing and license reinstatement may arise quickly after an arrest. Drivers facing DWI accusations may benefit from seeking professional legal guidance to understand Arkansas laws, protect their driving privileges and respond appropriately to criminal charges.  ]]>