DRUG CRIMES
DRUG CRIMES LAWYER IN LITTLE ROCK, AR
JOHN C. COLLINS
STRONG CRIMINAL REPRESENTATION IN ARKANSAS WITH OFFICES IN LITTLE ROCK, MOUNTAIN HOME, & TEXARKANA
Being arrested is a scary and confusing experience. On top of the shock of being arrested, you are also faced with the overwhelming process of finding a criminal lawyer to represent you in court. This is not something that should be taken lightly, especially when so much is riding on the outcome of your case.
Our criminal defense attorneys in Little Rock offer a fighting chance when it comes to your criminal charges. We are trial lawyers who do not take cases to settle. We take on only the most serious cases with the highest stakes. These types of cases require an aggressive team who isn’t afraid to stand up and fight for clients at trial. Our results-driven, whatever-it-takes legal representation has helped individuals across Arkansas with a variety of needs.
BRIAN W. RAY
EXPERIENCED CRIMINAL DEFENSE IN ARKANSAS WITH OFFICES IN LITTLE ROCK, MOUNTAIN HOME, & TEXARKANA
A long-time Arkansan, Mr. Ray graduated summa cum laude from Henderson State University before earning his Juris Doctor from the William H. Bowen School of Law, where he is qualified for membership to the Who’s Who Among American Law students.
Mr. Ray has earned the respect of both his clients and peers by being named to the Bar Register of Preeminent Lawyers by Martindale-Hubbel for demonstrating the highest possible ethical standards and legal ability. He has earned a rating of “10.0 – Superb” from the online legal directory, Avvo, where peers and clients have posted their rankings in terms of knowledge, trustworthiness, responsiveness, and keeping clients informed.
Brian W. Ray's History As A Criminal Defense Attorney
Brian has nearly thirty years of experience handling serious drug and alcohol cases in nearly all aspects of the criminal justice system.
His work in this area of the law began in 1989 when he became a Certified Police Officer making individual narcotics arrests, and also serving as the “number one entry man” on the SWAT team for drug task force (DTF) “no-knock” warrants. Brian also worked on drug crimes while assigned to the Street Crimes Narcotics Division, and later drafted and executed search warrants while serving as a Detective. Also while serving as an Advanced Certified Police Officer he received many personal commendations and awards and attended Advanced Drug Training from the Drug Enforcement Agency (DEA) & US Department of Justice before graduating Summa Cum Laude from Henderson State University and obtaining his Juris Doctorate from the William H. Bowen School of Law where he was named to membership in the Who’s Who Among American Law Students. While still in law school, Brian worked for the Attorney Generals’ Office where he assisted in working on behalf of law enforcement agencies, and also worked for one of the most prominent attorneys in the state handling drug and alcohol crimes. Later, as a licensed attorney, he served as a Deputy Prosecuting Attorney where he obtained numerous convictions of those arrested for possession of controlled substances. While still a new attorney defending drug cases, Brian represented one of two commercial truck drivers in Federal Court charged with possessing over a ton (2213 pounds) of 82% pure cocaine while traveling on Interstate 30 and across a good part of the country. That cocaine seizure was deemed to be worth an estimated $125,000,000, and still represents one of the largest seizures of cocaine in the State.
When partnering with John & Brandi Collins to form CCR Law Firm in early 2015, Brian began putting his significant law enforcement and criminal justice experience to work for those contacting the firm after being accused of alcohol and drug crimes, including driving while intoxicated (DWI). Because of the firm’s focus, Brian also went to work to systematically further his extensive and advanced training to more heavily focus on these highly specialized cases. With his unique experience gained over decades in the criminal justice system, Brian has now embraced several opportunities to pass his hard-won knowledge along to other attorneys seeking to learn more about drug and alcohol cases after attending many DWI-specific training seminars throughout the country.
Mr. Ray has earned the respect of both his clients and peers by being named to the Bar Register of Preeminent Lawyers by Martindale-Hubbel for demonstrating the highest possible ethical standards and legal ability. And, he has earned a rating of “10.0 – Superb” from the online legal directory, Avvo, where peers and clients have posted their rankings in terms of knowledge, trustworthiness, responsiveness, and keeping clients informed.
Prior to becoming an attorney, Brian served in the United States Marine Corps with First Battalion Fifth Marines and still enjoys telling others of the unit’s motto, which is: “Make Peace or Die”! Additionally, Mr. Ray has worked as a Special Deputy Prosecuting Attorney and is a member of the Masonic Lodge, Veterans of Foreign Wars, The Arkansas Trial Lawyers Association, and The Arkansas Bar Association while serving as an attorney licensed in state and federal courts to include Arkansas, Texas and the United States Supreme Court. He is a regularly sought-out speaker for legal education seminars for attorneys and enjoys winning cases at trial.
CASES WE HANDLE
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DRUG CRIME ATTORNEYS IN LITTLE ROCK
COMPREHENSIVE LEGAL SUPPORT IN LITTLE ROCK, MOUNTAIN HOME & TEXARKANA
The best way to beat a drug possession charge is to negotiate from a position of power, knowledge, and, most of all, experience. The team at Collins, Collins & Ray has represented people with varying degrees of drug charges for almost 20 years. From one gram of illegal marijuana in someone’s pocket to a full ton of cocaine concealed in a tractor-trailer, we have seen it all and are adept at representing one-time users or those with a history of charges. Our experience extends to both state and federal courts, and we have ample experience dealing with all manner of law enforcement investigators such as the DEA, ATF, FBI, and local sheriffs’ offices.
If you have been arrested, let us put our knowledge and experience to work for you! Contact our drug crime lawyers in Little Rock now!
Understanding Arkansas Drug Laws and Your Rights
Under Arkansas law, illegal controlled substances include not just the well-known drugs like marijuana, methamphetamine, cocaine, and heroin, but also mushrooms, ecstasy, oxycontin, MDMA, hydrocodone, hydromorphone, valium, benzodiazepines, Adderall, clonazepam, and other prescription drugs — all of which our attorneys have handled in various cases.
Drugs are classified into schedules I-VI based on their dependency level, addictiveness, and possible medical use. The higher the schedule, the more severe the penalty for a felony or misdemeanor. The distinction between felonies and misdemeanors will depend upon the quantity as well as the schedule of illegal substance found.
Felony Drug Possession Penalties in Arkansas
A felony can carry significantly higher penalties than a misdemeanor, including larger fines and longer time in a prison. Other penalties include loss of basic rights such as the right to vote, possess a firearm, or sit on a jury.
The penalties for felony drug possession include:
- Class Y felony: 10 to 40 years or life in prison; fine amount is decided by the court
- Class A felony: Six to 30 years; up to $15,000
- Class B felony: Five to 20 years; up to $15,000
- Class C felony: Three to 10 years; up to $10,000
- Class D felony: Up to six years; up to $10,000
Misdemeanor Drug Possession Penalties in Arkansas
A misdemeanor is less severe than a felony but can still pose a major problem due to the possibility of substantial time spent in the county jail.
The penalties for misdemeanor drug possession include:
- Class A misdemeanor: Up to one year; up to $2,500
- Class B misdemeanor: Up to 90 days; up to $1,000
- Class C misdemeanor: Up to 30 days; up to $500
All drug convictions (misdemeanor or felony) result in a six-month driver’s license suspension, regardless of whether the drugs that you were accused of possessing were found in the car.
HOW AN ATTORNEY CAN HELP
It can be frightening to handle a drug possession case on your own, which is why you need an experienced attorney to stand behind you. At Collins, Collins & Ray, we have helped countless people keep their license, stay out of jail, and avoid the harsh legal and extralegal consequences of one small mistake.
Drug Possession Defenses
We will explore all possible defenses of your drug case. During our extensive legal investigations, we take painstaking care to look over the drug recognition expert’s evaluation and police reports. Our attention to detail allows us to focus on the facts that make a difference in the outcome of your case.
Get started today by calling us at (501) 392-5007 or reaching out online.
OUR ACHIEVEMENTS
National Association of Distinguished Counsel Top One Percent: John Collins 2015, 2020, 2021
AY Magazine’s Arkansas Best Lawyers: Brian Ray 2020, 2021, 2022, 2023, 2024
Super Lawyers (Thomson Reuters): John Collins 2014, 2015, 2018-2021
Arkansas Life Magazine’s – Top Attorneys: John C. Collins 2016, 2019
American Institute of DUI/DWI Attorneys – 10 Best Client Satisfaction: John C. Collins 2016
SOME POSSIBLE DEFENSES TO DRUG CRIMES INCLUDE
- The drugs in question might not actually belong to the defendant.
- The defendant was not aware that the drugs were even in their possession — for example, if the drugs were concealed without their knowledge in their backpack or car.
- There was an issue with law enforcement’s handling of the case.
- The police did not have a valid reason to search the defendant or pull them over. Therefore, the evidence gathered may be inadmissible.
- The statements and confessions were obtained through coercion.
Only an experienced attorney like those at Collins, Collins & Ray can choose the correct strategic defense for your situation, giving you the best chances for deferral, dismissal, or lesser charges. We will even take your case to trial to avoid a conviction so you can move on with your life after this ordeal. Our attorneys have a reputation for being aggressive litigators in the courtroom and, with hundreds of hours of courtroom experience, we can provide uncompromising legal representation.
Contact Us if You Have Been Accused of a Drug Crime
The attorneys at Collins, Collins & Ray help people prepare for the challenges that lie ahead when they have been arrested.
FREQUENTLY ASKED QUESTIONS
- CNS Depressants – this category is made up of drugs like Clonazepam, Xanax, Soma, Ambien, barbiturates, tranquilizers, methaqualones, etc…
- CNS Stimulants – this category consists of Amphetatmines, Methamphetamine, Cocaine, etc…
- Hallucinogens – this is mushrooms, peyote, acid, etc…
- Dissociative Anesthetics – PCP, sherm, embalming fluid, etc…
- Narcotic Analgesics – heroin, oxycontin, hydrocodone, oxycodone, hydromorphone, morphine, roxycontin, etc…
- Inhalants – Anesthetic gases, aerosols, volatile gases, gasoline, Freon, dust off, etc…
- Cannabis – The Devil’s Lettuce, Weed, Pot, Marijuana, Hashish, oils, wax, etc…
The definition under Arkansas law is: Controlled substance means a drug, substance, or immediate precursor in Schedules I through VI. The fact that any person charged with a violation of this act is or has been entitled to use that drug or controlled substance under the laws of this state shall not constitute a defense against any charge of violating this act;
The definition of a drug in the DRE protocol is: Any substance, which when taken into the human body, can impair the ability of the person to operate a vehicle safely. Keep in mind this is an extremely broad definition.
- Pupillometer
- Sphygmomanometer (Blood pressure cuff)
- Stethoscope
- Thermometer: oral, digital, with disposable covers.
- Penlight: low power, medical style.
- Magnifying light: generally five to ten magnification power, similar to those used by stamp collectors and model builders.
- Pen or Pencil: used to conduct eye examinations.
- Evidence containers: for blood or urine
- Protective gloves, latex and/or rubber.
Step 1: The police officer must first check to see if the person arrested has a blood alcohol concentration of .08% of higher by administering a breath test. If the person is .08% or higher the exam stops and the person is arrested for DWI Alcohol. If the person registers below the legal limit the officers keep looking.
Step 2: The second step is to interview arresting officer. This sounds much more formal than the reality of it. It, generally, consists of the DRE asking the arresting police officer what happened and why he/she was called over to do an evaluation. It would often relate to whether the person admitted drug use, were drugs found in the car, was there paraphernalia, etc…
Step 3: The preliminary examination is simply the officer asking a number of “qualifying” questions about when they last went to the doctor, what medications they take, what medical conditions they have, and other questions that may lead the DRE to determine that there should be a medical rule out.
Step 4: This step is where DREs examine the eyes by conducting the horizontal gaze nystagmus, vertical gaze nystagmus, and check for a lack of convergence. Don’t worry if you are not sure what that means. Our attorneys are very versed in all of these tests and the multitude of causes for each.
Step 5: Next officers get the arrested person to perform the divided attention tests. These are the tradition tests (nine step heel to toe and standing on 1 leg) but with the addition of the finger to nose and Rhomberg (a test where the person closes their eyes and tilts their head back) tests.
Step 6: The DRE would then check the arrested person’s vitals by recording the person’s BP, heart rate, and body temperature. The heart rate should be checked a total of three times at different intervals.
Step 7: The DRE must also do a darkroom examination of pupil size in various lighting conditions (this part also includes an examination of the nasal and oral cavities).
Step 8: Next is a check of the arrested persons muscle tone. The DRE will list the muscle tone as Rigid, Flaccid, or Near Normal. Notice there is no category for normal. This test is also very subjective in that there are no standards to determine rigidity vs flaccidity.
Step 9: The DRE must check for injection sites. The DRE is looking for fresh puncture makes and scarring from previous use.
Step 10: This step is crucial in that it requires the officer to ask what the person what they are impaired by. These statements are often the most damning because the person is giving up their right to remain silent, often are simply admitting the medication they are prescribed and not at all intending to admit they are impaired by that medication.
Step 11: The DRE then takes all the information they have received and form an opinion. The police officer will name the drug category they believe the person is impaired by or will determine the person is not impaired by a drug.
Step 12: The final step is to do a urine or blood test to confirm that drugs are in the arrested person’s system. The presence of drugs does not mean the person is impaired by the drug. Each drug has its own half-life and can show up for hours or days after the effects of the drug have dissipated. For example, marijuana can stay in urine for up to 45 days but no one could argue a person would be impaired for 45 days.