He was arrested on 3rd degree assault on a family member ( me)
You should contact the accused's lawyer. Court action is required to set aside the no contact order. Usually, a judge will recall or set aside the order if the alleged victim requests that action. Many judges require some statement in open court from the alleged victim requesting that the... Read more »
You should contact the public defender assigned to the court in which you are charged. Do that now. You will be asked some questions about income and assets to assure that you qualify for appointment of counsel. An interview with the defender prior to your court date will allow that attorney an... Read more »
When you are loaned property it is considered to be granting you a license to use the property. This license has limits. That distinguishes a loan from a gift. The rightful owner may cancel the license or loan. The fact that one possesses the property initially with the owner's permission does... Read more »
Yes. Concealing of merchandise while inside the store is sufficient to be charged with the offense. However, there may be a circumstance where "concealing" the merchandise was inadvertent or unknown to the accused. In that case, an accused may not have formed the requisite criminal intent... Read more »
My bf has charges of possession controlled substance, possession on delivery, possession meth. He is on probation, but has not reported or paid in over a year. He is set for bond hearing on Monday.
He is entitled to have a bond set pursuant to the Arkansas Constitution. The dollar amount of the bond or other conditions are set by the court after considering a number of things that include whether bf is a flight risk. His failure to observe the conditions of his probation will almost certainly... Read more »
That is a question that cannot be answered without knowing all pertinent facts. However, you should know that a DWI does not mean that your parole will be revoked automatically. First, you should report the charge to your parole officer. That is your responsibility. Your PO will likely know about... Read more »
I completed my parole successfully and have been in no trouble since. I am now 50 years old.
You can lawfully own a gun in Arkansas ONLY after you have been conditionally or fully pardoned by the Governor.
The good news is that the Governor or Governor's Office seems to favor a limited pardon in cases like you describe.
I suggest that you contact his office for more information.
I was pulled over for tags out of date and a car that was not mine I use my friend's car to go to work they took me to jail for driving on suspended after I was at the jail a police officer later came in and told me that I was being either charged or I could talk to a detective about the drugs... Read more »
No, you cannot be charged with a felony because you will not cooperate in the circumstances that you describe. However, it sounds as if the police made a valid stop (tags expired) and law enforcement can conduct an inventory search without consent when a vehicle is impounded.
You were... Read more »
You may mean that some sort of revocation proceeding has been commenced to revoke your brother's probation. There is a process that includes a fact finding element. The revocation proceeding does not mean that he will go to jail or prison. What set in motion the proceedings? Did brother commit... Read more »
Yes, it can be amended. That is unless the defendant can show actual prejudice. That is nearly impossible in practice. It is discretionary with the Court and that discretion is given great weight.
SIMULTANEOUS POSSESSION OF DRUGS AND FIREARMS
Actually, a defendant is always entitled to have the bail question addressed. Only Capitol Offenses are legally subject to "no bond." Even in that case, the Court must determine that the accused does not meet the criteria for a reasonable bond. This is specifically addressed in the... Read more »
A friend asked me to allow him to bring some of his tools to my house cause him and his wife was fighting and I had no problem with that then the police show up with him in the vehicle and find the property and take me to jail and charge me with theft by receiving. Even after he told the police I... Read more »
Sadly, you can be charged with about anything when the police and prosecutor want to charge you. The question is: Can you be convicted?
You have to have the requisite intent to commit a crime to be found guilty. That intent can be proved by circumstantial as well as direct evidence. For... Read more »
I've never had a charge. My record is squeaky clean.
I assume that you were charged with possession of drug paraphernalia. First, did the police have cause to stop you and to search your vehicle? Did you consent to a search? Was the unused needle in your vehicle for a legitimate reason? There are many facts that may determine the course that you take... Read more »
Basically I got In a wreck a while back (was not at fault) and bought an insurance claim right after I got out of the car. The insurance investigator asked and I lied and said it was before. No money was ever given to me nor was the car fixed and I was making a statement that I wasn't trying... Read more »
I don't know if I completely understand the facts of your case. However, that alone is a reason for you to have an attorney. That is, to help you communicate with the prosecutor as well as the court.
Plead not guilty and advise the court that you cannot afford an attorney. You are... Read more »
I believe that the short answer is yes.
There may be several reasons that a lawyer should not act in both capacities. But, without additional facts, I see no clear ethical prohibition.
Also, I am presuming that you are not asking about a situation in which a lawyer would wear both... Read more »
Felony criminal case, false names of the witness and the offended person on the investigation report and the cover sheet. The witness statement begins, "I (false name) ...
The names are close but not accurate. Does defense counsel have anything actionable on this or is it... Read more »
Complete accuracy on those documents is likely harmless. An intentional false report is another matter.
they're still legally married. no papers have been filled. she wants full custody and my brother said no. we're just up visiting and she knows it. he still has contact and let's her know everything. she says she'll call the cops cuz she wants her back. will he be in trouble
If nothing has been filed-no formal proceedings commenced, they are simply parents of children and are on equal footing. They are charged with caring for those children under Arkansas Law.
Yes. However, you may be able to simply get reinstated. It depends on a number of variables and the basis for revocation proceedings.
Yes. You can always dispute alleged grounds for divorce. The party that asserts grounds for and seeks a divorce or other relief bears the burden of proof. However, you must timely answer, in writing, denying that grounds or a particular ground exists or you may waive your right to contest the... Read more »
This doesn't seem to be a question. However, be mindful that medical negligence causes have a short statute of limitations and most lawyers are unable to commit to a case until a good bit of investigation is done. So talk to an attorney and pursue your case as soon as you can.
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