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Arkansas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Arkansas on
Q: I was recently put on probation for a period of five years. Is there anything I can do if i feel that's unfair?
Richard Lane Hughes
Richard Lane Hughes
answered on Oct 19, 2022

If you were convicted after a trial, you have a right to appeal to a higher court. The time within which you must file your appeal is very limited. In most state courts in Arkansas you have 30 days to appeal. A Federal appeal must be filed within 14 days. In either case your time begins with the... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Hello, I'm on Parole and go Flat in November. I've recently been arrested on a Felony FTA for charges from 2022.

was put on a bracelet upon release and have a revocation hearing scheduled tomorrow. Do I have any rights

Richard Lane Hughes
Richard Lane Hughes
answered on Oct 18, 2022

You do have a rights. In Arkansas you have a what might be called "minimal" due process rights that include a right to notice of charges against you and a meaningful hearing before a judge or hearing officer to determine if you are guilty of violating the conditions of your parole. You... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: In 2010 I signed for 5 yrs and 15 suspended in Arkansas I served 4.5 yrs went flat in 2016. In 2021 I was set up by my e

X girlfriend on a purchase of 14 grams of meth that she begged me for I had someone else deliver to her now they are trying to give me all of my suspended sentence from 2010

Richard Lane Hughes
Richard Lane Hughes
answered on Oct 16, 2022

I don't see a question here. If you have a suspended sentence pending and are convicted of a subsequent offense or fail to abide by the conditions of your suspended sentence, you are subject to that suspended sentence being imposed. Think of the suspended sentence as a probation type... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: In Arkansas if you had a felony can you get a hunting license and it's been over 24 years
Richard Lane Hughes
Richard Lane Hughes
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... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can a person be charged with theft of receiving and theft of property of the same item?

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?

Richard Lane Hughes
Richard Lane Hughes
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... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Arkansas on
Q: Never read rights, never offered attorney, told plead guilty or go to jail. Plead guilty.. can I fix this.

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... Read more »

Richard Lane Hughes
Richard Lane Hughes
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.... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: I am on probation for 8 more months. If I absconded for 5 months, when caught, would I have to finish out the 8 months?

Or would I just have to finish the 3 months? I'm in Arkansas.

Richard Lane Hughes
Richard Lane Hughes
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.

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can a drug charge be enhanced if I had no prior drug conviction in Arkansas

My charge was enhanced from simple possession to possession with intent to deliver and manufacturing with no prior drug charge is that legal for the prosecutor to enhance that charge in Arkansas

Degen Clow
PREMIUM
Degen Clow
answered on Jun 7, 2022

The short answer is yes, it can be enhanced based upon several different factors. Weight of the drugs, the way they are packaged, if there are scales or baggies present with the drugs, all of these can factor into an enhancement.

1 Answer | Asked in Criminal Law for Arkansas on
Q: are there any viable defenses on a certain persons charge
Degen Clow
PREMIUM
Degen Clow
answered on Jun 7, 2022

If you are asking about possession of firearms by certain persons, then yes, there are viable defenses. Knowledge of the firearm is required to be proved to sustain a conviction in these cases. So, if it is not reasonable that you knew or should have known the firearm was present, you may have a... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Is the state of Arkansas required to serve all outstanding warrants at the time of a suspects arraignment?

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... Read more »

Richard Lane Hughes
Richard Lane Hughes
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... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: If I was found guilty but my co-defendant gets his thrown out can I have mine thrown out also?

I was convicted of a drug charge. I had a public defender and plead out to one-year probation. My code defendant has hired private counsel and has not plead out yet. But I see where they are attempting to have the case dismissed. If he is successful in his attempt at having his case thrown out what... Read more »

W. Whitfield Hyman
W. Whitfield Hyman
answered on Jun 3, 2022

You could appeal your plea or file a rule 37 ineffective assistance of counsel or writ of error coram nobis. These are all very expensive remedies, I recommend Michael Kaiser in the Little Rock area for appeals and rule 37s.

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: I was convicted of a felony at age 18. I am now 39 is there any way to get it off of my record?

It’s a Y felony

W. Whitfield Hyman
W. Whitfield Hyman
answered on Apr 17, 2022

You can try to get a Governor’s Pardon. I charge $2,000.

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 for Arkansas on
Q: I'm facing felony gun on school property charges what should I expect the plea bargin to be?
W. Whitfield Hyman
W. Whitfield Hyman
answered on Apr 2, 2022

Depends on where it is. However, I wouldn’t be so sure that you were guilty.

Have you read the defenses to having a handgun on school property? They are kind of odd. These aren’t even all of them as I think another one is found outside the statute:

e) It is permissible to...
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.

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