answered on Sep 18, 2022
Obtaining a license may not be a problem but, you cannot own or control a firearm for any purpose if you have a felony conviction no matter how long ago you got the conviction. However, you can seek relief through the Governor's office by filing a clemency petition. In appropriate cases the... View More
The property that was stolen is a vehicle I did not know that vehicle was stolen so I was charged with theft by receiving. But another party says that I also stole the vehicle can I be charged with both charges?
answered on Sep 10, 2022
The two crimes that you mention require different elements (acts) or mens rea (state of mind) to commit that offense. I don't see how you could convicted of both crimes based upon identical facts. Perhaps, if an individual bought a car that he knew was stolen and then failed to pay for the car... View More
answered on Aug 18, 2022
You may be accused of assisting or attempting to assist someone who has been issued a device restricting their operation of a motor vehicle. The cited statute prohibits that conduct.
It was years back, abusive ex husband I left showed up where I was staying and assaulted me. I had no job and was pregnant. I had no idea the consequences of pleading guilty. I was out on bail. At plea hearing the judge said if I plead not guilty he was going to put me in jail even after my... View More
answered on Jul 26, 2022
"It was years back" is a real problem with your case. An overbearing judge may have unintentionally misled you. You were probably not in a state of mind to appreciate what was happening to you at that time as well. What you describe is fraught with problems from a legal perspective.... View More
Or would I just have to finish the 3 months? I'm in Arkansas.
answered on Jun 23, 2022
You might have to finish 8 months and more! You are subject to being sentenced to the maximum sentence that you could have received at the time you got the probationary sentence. You might also serve the remainder of your sentence in jail or prison rather than on probation.
My husband was arrested May 26th, 2022, around 10pm for fleeing in vehicle, in addition to outstanding warrants for a class Y delivery charge and FTP on a driving offense. The class Y arrest warrant was issued in Sept of 2019. We had no knowledge of the charges or warrant prior to arrest. He has... View More
answered on Jun 6, 2022
"No" is the easy answer. That is, not with the intent to ambush a citizen with a warrant to get an existing bail bond revoked. The problem is that there is no requirement that all existing warrants be served at a given time. Warrants can become stale or subject to attack for several... View More
He was arrested on 3rd degree assault on a family member ( me)
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... View More
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... View More
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... View More
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... View 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.
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... View More
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... View More
I completed my parole successfully and have been in no trouble since. I am now 50 years old.
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.
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... View More
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... View More
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... View More
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.
SIMULTANEOUS POSSESSION OF DRUGS AND FIREARMS
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... View 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... View More
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... View More
I've never had a charge. My record is squeaky clean.
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... View 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... View More
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... View More
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