Filing Charges and Prosecution of the Same




FILING CHARGES AND PROSECUTION OF THE SAME

Misdemeanor criminal charges for acts which occur inside the city limits of the City of Russellville may be filed through the City Attorney’s Office.  In order for such a filing to proceed, first a police report should be made with the Russellville Police Department. Next an appointment with the City Attorney’s Office should be made. The police report along with any other relevant documents of evidence should be brought to the appointment. The City Attorney’s Office will evaluate all the evidence submitted and determine whether it rises above the criminal standard for a conviction which is proof beyond a reasonable doubt. While a complainant’s input does carry weight in the filing of a charge, it is ultimately the City Attorney’s Office which must determine whether a criminal charge can be proven to have been committed by a suspect in criminal court. Should the City Attorney’s Office not file a criminal charge from a complaint, a complainant still has the remedy to pursue the matter as a civil case where the burden of proof is much lower than in a criminal case.

All violations of Arkansas Hot Check Law that occur in the city limits of the City of Russellville are prosecuted by the County Prosecutor’s office.  Their phone number is (479) 968-8600. 

All felony charges occurring in the city limits of Russellville and in Pope County are prosecuted by the County Prosecutor’s Office.

The City Attorney’s Office is closed on City observed legal holidays, Saturdays and Sundays. 

In the event of an emergency and/or immediate danger CALL 911, or contact the Russellville Police Department.  479-968- 3232.

It is also not usually necessary to file a formal report with the Police Department on a city ordinance violation.  However, it is necessary that a report be filed any time injury results to a person because of a city ordinance violation.
Ordinance violations pertaining to or involving animals are enforced by the Russellville Animal Control, whose phone number is (479) 968-1944.
Ordinance violations pertaining to city code, zoning or land subdivision and development are investigated by the Code Enforcement Division of the Department of Community Development, and their phone number is (479) 967-2633.
Ordinance violations pertaining to fire safety codes are enforced by the Fire Marshal, whose phone number is (479) 968-1870. Ordinance violations pertaining to building codes are investigated by the Building Official, whose phone number is (479) 967-2633.
If you should have any other questions about filing charges, contact the City Attorney’s Office at (479) 967-3186. 

DWI/DUI

DWI is defined under Arkansas law as “operating or being in actual physical control of a motor vehicle while intoxicated or, if at that time there was .08% or more by weight of blood alcohol in the person’s blood as determined by a chemical test of the person’s blood, urine, breath, or other bodily substances.”  Intoxicated is defined as “influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination thereof, to such a degree that the driver’s reactions, motor skills, and judgment are substantially altered and the driver, therefore, constitutes a danger to himself and other motorists or pedestrians.”

A person arrested for a DWI #1 in Arkansas will usually lose their driving privileges under administrative suspension by the State of Arkansas.  Further, a person convicted of :

DWI #1 will face a minimum of $150 to $1,000 in fines, plus court costs, a jail sentence of one (1) day to one (1) year, and be required to be on supervised probation. There may also be a requirement to attend an alcohol education course and a driver’s license suspension of six (6) months.

DWI #2 will face a minimum of $400 to $3,000 in fines, plus court costs, a jail sentence of seven (7) days to one (1) year; and suspension of a driver’s license for two (2) years.

DWI #3 will face a minimum of $900 to $5,000 in fines, court costs, a jail sentence of ninety (90) days to one (1) year in jail and attendance, driver’s license suspension of 30 months, and completion of alcohol education classes.

DWI #4 (a fourth DWI offense within five years of the first offense) will be charged with a felony in the State of Arkansas, which means if convicted, the defendant could face time in the Arkansas State Penitentiary.

DUI in Arkansas relates to underage drinking and driving.  It is unlawful in the State of Arkansas to be under the age of 21, and operate or be in actual physical control of a vehicle with a blood alcohol content of between .02% and .07%.  If the underage driver has a blood alcohol content of .08% or greater, the underage driver is considered to be DWI, rather than DUI.  If convicted of a DUI first offense, the defendant will be required to pay a fine of at least $100, court costs of $75, be screened and attend an alcohol education program through the Counseling Associates, lose their driver’s license for at least 90 days to 120 days and be required to be on supervised probation. 

 DOMESTIC ABUSE

Domestic abuse can be prosecuted under two (2) charges. Domestic Battering 3rd Degree and in varying degrees of Assault on a Family or Household Member. 

Domestic Battering 3rd Degree is with the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member; (2) The person recklessly causes physical injury to a family or household member; (3) The person negligently causes physical injury to a family or household member by means of a deadly weapon; or (4) The person purposely causes stupor, unconsciousness, or physical or mental impairment or injury to a family or household member by administering to the family or household member, without the family or household member's consent, any drug or other substance

Assault on a Family or Household Member

First Degree: A person commits first degree assault on a family or household member if the person recklessly engages in conduct that creates a substantial risk of death or serious physical injury to a family or household member.  Class A Misdemeanor

Second Degree: A person commits second degree assault on a family or household member if the person recklessly engages in conduct that creates a substantial risk of physical injury to a family or household member. -  Class B misdemeanor.

Third Degree: A person commits third degree assault on a family or household member if the person purposely creates apprehension of imminent physical injury to a family or household member. - Class C misdemeanor.

Prior to 1991, persons who were victims of a misdemeanor domestic abuse incident were required to have charges filed through the City Attorney’s Office before a prosecution could be initiated.  However, in 1991, the Arkansas General Assembly passed the Arkansas Domestic Abuse Act.  Under the Act, if a police officer has probable cause to believe that a misdemeanor crime of domestic abuse has been committed, an arrest can be made within twelve hours for misdemeanor domestic abuse involving physical injury and within four hours if there is no injury.

Most of the domestic abuse incidents in Russellville involve misdemeanor violence among intimates.  The most common crimes charged in domestic abuse incidents in Russellville are domestic battering in the third (3rd) degree and assault of a family or household member in the third (3rd) degree.  In such cases, the City Attorney’s Office, recognizing the nature of the cycle of violence, will not allow victims to simply drop charges.  In most cases, prosecution is continued even against the wishes of the victim because the City Attorney’s Office recognizes domestic abuse is a crime against the State, and there are often times other victims in the family or household.       

Upon a plea of guilty to a misdemeanor domestic abuse incident, the Russellville City Attorney’s Office will usually recommend as part of the sentence, completion of a family counseling or anger management program.  If the defendant fails to complete the program, a jail sentence will usually be imposed.  The goal of the Russellville City Attorney’s Office regarding domestic abuse prosecution strategy is to deter any future violence by the offender against the victim, or any other past, present, or future family or household members.

If you are currently a victim in a domestic case, and desire further information, contact Trey Smith, City Attorney, at (479) 967-3186, or contact the Victim Coordinator at the Pope County Prosecutor’s Office, whose phone number is (479) 968-8600.

For further general information about domestic abuse cases, contact the City Attorney’s Office, at (479) 967-3186.

The City Attorney's office does not provide legal advice to citizens for private matters. If you need legal advice, please contact a private attorney. The posting of this information does not constitute an attorney-client relationship.  The information contained on these pages is not legal advice