For years, a defendant in Arkansas could not argue entrapment and in the alternative argue that he failed to commit an element of the underlying crime. In other words, the defendant had to choose either that he was entrapped OR that he did not commit the crime. In order to get an entrapment jury instruction, the defendant had to admit he committed the crime.

But that has all changed with the Arkansas Supreme Court's decision in Smoak v. State of Arkansas (http://opinions.aoc.arkansas.gov/WebLink8/0/doc/252565/Electronic.aspx). Now a defendant may defend the underlying charge as well as argue entrapment. A major factor in the decision is the fact that the defendant was required to effectively give up one of his most sacred constitutional rights (that the government must prove its case) as the law currently existed. That anomaly has now been corrected.

Things are about to get better. Call us.

(479) 434-2414 Fort Smith • (479) 802-6560 NWA

In the River Valley:
502 Garrison Avenue
Fort Smith, AR 72901
Phone: (479) 434-2414
Fax: (479) 434-2415

In Northwest Arkansas:
1750 S. Osage Springs Drive, Suite 210
Rogerse, AR 72758
Phone: (479) 802-6560
Fax: (479) 802-6561

Mon - Fri 8:30 - 5:00

(Closed 12:00pm - 1:00pm)