5
Right to Confront Witnesses:
• The Confrontation Clause of the Sixth Amendment provides you the right to confront
the witnesses against you by cross-examining these individuals, and to compel your own
witnesses to testify in court.
• However, special circumstances do exist, which allow witnesses to testify without you
being present.
Rights When Sentenced to Probation:
• A request for probation must fall under a specific statute. If you’d like to request
probation, it is best to discuss this with your attorney.
• If you are a first-time felony offender, you are eligible for probation if you plead no
contest or guilty.
• If it is not your first felony, you may still be eligible for probation, unless you’ve been
convicted of Murder, Treason, a class Y felony, Driving/Boating While Intoxicated, or
Continuing a Criminal Enterprise.
• Your probation officer must give you a written statement explaining the conditions of
your probation.
o Arkansas Law requires that you waive some of your 4
th
Amendment rights when
accepting the conditions of probation; while on probation, a law enforcement
officer can conduct a search of you or your property without a warrant.
• If your probation is being revoked, you have the right to a hearing within 60 days of the
violation. At the hearing, you have the right to
o hear the case against you,
o present your own case, and
o be represented by an attorney.
Rights When Sentenced to Pay Fines:
• You may request to pay the fines by a specific date or to create a payment plan.
Otherwise, the payment will be due and must be paid by the end of the next business
day.
• The court should ask about your ability to pay. If you are unable to pay in full, or if you
are unable to afford the amount the court requests per month, you can raise this with
the judge before you step down. If the court determines that paying immediately is
beyond your means, it should create a payment plan for you, taking into account your
income and expenses.
• The court must accept payment by check, as long as you can show you are a resident of
Arkansas and your check draws from a bank in Arkansas.