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Questions Answered by Richard Lane Hughes
1 Answer | Asked in Criminal Law and Domestic Violence for Arkansas on
Q: How do I get a no contact order lifted ( I'm the victim)& am I subject to punishment if I contact the defendant??

He was arrested on 3rd degree assault on a family member ( me)

Richard Lane Hughes
Richard Lane Hughes answered on May 21, 2022

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 »

1 Answer | Asked in Criminal Law for Arkansas on
Q: What do I do if I have been charged with misdemeanor theft of property an can't afford a attorney
Richard Lane Hughes
Richard Lane Hughes answered on May 19, 2022

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 »

1 Answer | Asked in Criminal Law for Arkansas on
Q: A friend loaned me there vehicle when I did not return it after 3 days the cops were called and I even had there keys
Richard Lane Hughes
Richard Lane Hughes answered on May 18, 2022

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 »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can I be charged with shoplifting if I never left the store?
Richard Lane Hughes
Richard Lane Hughes answered on May 18, 2022

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 »

1 Answer | Asked in Criminal Law for Arkansas on
Q: For possession on delivery of meth. With hx of probation violation. Will he be able to bond out. Should we get a lawyer

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.

Richard Lane Hughes
Richard Lane Hughes answered on Apr 17, 2022

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 »

1 Answer | Asked in Criminal Law and DUI / DWI for Arkansas on
Q: If I am on parole in arkansas and just got a dwi is that going to send me back to prison?
Richard Lane Hughes
Richard Lane Hughes answered on Mar 23, 2022

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 »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can i own a gun in Arkansas if i was convicted of a felony 20 years ago in Texas. My charge was non violent.

I completed my parole successfully and have been in no trouble since. I am now 50 years old.

Richard Lane Hughes
Richard Lane Hughes answered on Mar 19, 2022

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.

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can I be charged with a felony if I don't cooperate?

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 »

Richard Lane Hughes
Richard Lane Hughes answered on Mar 19, 2022

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 »

1 Answer | Asked in Criminal Law for Arkansas on
Q: My brother probation has been revoked (first offender) would there be anyway to possibly avoid jail time
Richard Lane Hughes
Richard Lane Hughes answered on Feb 19, 2022

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 »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can a charge of 2nd degree battery be upgraded after sentencing if the victim dies?
Richard Lane Hughes
Richard Lane Hughes answered on Jan 4, 2022

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.

2 Answers | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: Can a first time offender get a bond for class Y felony in court?

SIMULTANEOUS POSSESSION OF DRUGS AND FIREARMS

Richard Lane Hughes
Richard Lane Hughes answered on Jan 4, 2022

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 »

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1 Answer | Asked in Criminal Law for Arkansas on
Q: Can you be charged with theft by receiving if you didn't know the property was stolen or if the property was returned

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 »

Richard Lane Hughes
Richard Lane Hughes answered on Dec 28, 2021

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 »

1 Answer | Asked in Criminal Law and Traffic Tickets for Arkansas on
Q: I got pulled over and they found and empty unused syringe in my truck but my record is clean. What do I do??

I've never had a charge. My record is squeaky clean.

Richard Lane Hughes
Richard Lane Hughes answered on Dec 11, 2021

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 »

1 Answer | Asked in Criminal Law, Insurance Bad Faith and Insurance Defense for Arkansas on
Q: Should I plead guilty or not guilty to insurance fraud? Class D felony first time offender can't afford a attorney

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 »

Richard Lane Hughes
Richard Lane Hughes answered on Jun 19, 2021

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 »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can a prosecutor be a public defender in the state of Arkansas?
Richard Lane Hughes
Richard Lane Hughes answered on Jun 18, 2021

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 »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Are false names on incident reports, cover sheets and the statement by a witness provide any type of action for defense?

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 »

Richard Lane Hughes
Richard Lane Hughes answered on Apr 13, 2021

Complete accuracy on those documents is likely harmless. An intentional false report is another matter.

1 Answer | Asked in Child Custody and Divorce for Arkansas on
Q: my brother n his wife r getting divorced. were up visiting them, but ex is threatening to call cops cuz she wants her ba

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

Richard Lane Hughes
Richard Lane Hughes answered on Apr 13, 2021

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.

1 Answer | Asked in Criminal Law for Arkansas on
Q: If you are charged with possion and get a imposed sentence the get revoked is that an additional felony
Richard Lane Hughes
Richard Lane Hughes answered on Apr 13, 2021

Yes. However, you may be able to simply get reinstated. It depends on a number of variables and the basis for revocation proceedings.

1 Answer | Asked in Divorce for Arkansas on
Q: he wants a divorce it's under the active ACA 9-1 2-3 0-1 V I can I di dispute
Richard Lane Hughes
Richard Lane Hughes answered on Jan 18, 2019

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 »

1 Answer | Asked in Medical Malpractice for Arkansas on
Q: I need to find a lawyer that don't mind just getting what the law allows malpractice suit for wrongful death
Richard Lane Hughes
Richard Lane Hughes answered on May 29, 2018

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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