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Arkansas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: Must I provide id upon request
W. Whitfield Hyman
W. Whitfield Hyman answered on Jun 23, 2021

Not unless there believe you’re a witness to a crime or have reasonable suspicion to believe you have committed a crime.

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...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Arkansas on
Q: If I have a warrant from county (a) & have an upcoming court date for county (b) can (b) hold me for(a)2come get me
Joshua W. Bugeja Esq.
Joshua W. Bugeja Esq. answered on Jun 4, 2021

As a general rule of thumb, yes, the court for one county can serve the warrant for the other and arrest you (to allow the transfer). It does make a difference if the warrant was from another state though since many states, including Arkansas, often don't arrest individuals appearing in their... Read more »

1 Answer | Asked in Domestic Violence, Criminal Law and Education Law for Arkansas on
Q: Why was I sited for violating a no contact order when I was welcomed back into the supposed victims household?

I stayed with the supposed victim for an extended period of time before openly admitting to law enforcement over phone contact of my welcomed return which was also my home,as I was the son and primary care provider to my mother in said household. Also, my mother is in irreversible dimentia. My... Read more »

Taylor Douglas Martin
Taylor Douglas Martin answered on May 20, 2021

Regardless if the contact is welcomed or not, a no contact order is a court order forbidding one to contact a certain person. Typically, a Judge views contact as contact regardless of the circumstances. However, a capable defense attorney should be able to bring the circumstances to the attention... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: If my brother confess to leaving his firearm in my car and I'm a felon can I beat the charge if I didn't kno

And he comes to court with all the information and paperwork can it be dropped against me if he confirms he left it without my knowledge

Geoffrey D. Kearney
Geoffrey D. Kearney answered on May 10, 2021

The question does not make clear whether you’re referring to a charge of being a felon in possession under federal law or Arkansas state law, but the standards for both are fairly similar. Whether in state or federal court, the prosecution would generally have to prove possession of the weapon... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: What's the best counter offer to 32 months prison and 32 months sis
W. Whitfield Hyman
W. Whitfield Hyman answered on Apr 20, 2021

Just tell them to drop all of the charges or you will sue them.

Just kidding.

1 Answer | Asked in Criminal Law for Arkansas on
Q: These laws pertaining to record keeping, weren't they written for pharmacies?

Specifically, the felony charge of failure to keep records while maintaining a drug premises. I feel they're being abused and used as a way to give individual citizens multiple charges for the same simple possession offense

W. Whitfield Hyman
W. Whitfield Hyman answered on Apr 18, 2021

Which law?

1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Civil Litigation for Arkansas on
Q: I am be sued by a woman in Cleburne County for 20k of horse boarding. She took my horse from Wi without my permission,

She got caught forging my signature on the horses registration papers. Now she's sueing me for 20k for the 2 years she's had my horse. What kind of attorney do i need

James E Hensley Jr
James E Hensley Jr answered on Apr 15, 2021

Get a lawyer who will answer your calls even on weekends. You will probably owe her some money and she wants to keep the horse instead of taking payment. My cousin is one of the top trainers in the mid-south. Her fee is $375 per month per horse. That would come to around $9,000 in your case. Since... 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 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 Gov & Administrative Law and Criminal Law for Arkansas on
Q: Can an 18 year old conceal carry in the state of Arkansas without a CCL?

I have legally purchased a handgun so I would like to know if I can legally carry it.

W. Whitfield Hyman
W. Whitfield Hyman answered on Mar 21, 2021

Yes, but there will be many places you are not allowed to carry. Mainly on government owned property. For a list of all the places you may not carry under state law, check here:

https://arkansaslawking.com/where-can-you-carry-a-gun-in-arkansas/

However, many of the places where it...
Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Small Claims for Arkansas on
Q: Is there a way I can address ta bench warrant/writ of bodily attachment without going to jail?

I apparently have a bench warrant and writ of bodily attachment from 2011, at that time in my life I was very heavily an IV drug abuser, homeless, jobless... Now I have a full time job, an apartment, custody of my child and I’m a single mother, father of my child can’t be found so I need to... Read more »

James E Hensley Jr
James E Hensley Jr answered on Mar 8, 2021

It sounds like you have done well for yourself. Thanks for reaching out. The answer is yes but with a caveat that many Judges make you show up to have the warrant served on you. We need to know the charges and where the case is located. For instance, if you have misdemeanor charges in Conway, there... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Arkansas on
Q: Hi, would you please advise me on the protocol for requesting a no contact order in Arkansas be rescinded? Thank you.

Specifically, the NCO is for both parties & the charge is domestic battery 3rd degree. Hearing set for 4/14/21; incident occurred 2/20/21. Both spent 48hts in Benton Co jail on Saturday evening, & both were released on Monday norming after Judge ruled that there was no bond required. We... Read more »

James E Hensley Jr
James E Hensley Jr answered on Feb 27, 2021

Thank you for reaching out. Couple things of concern:

You are going to be in law school. This charge will cause you some grief when you apply to the bar; specifically, even though you win the charge and your record is sealed, make sure you tell the bar about it on your application and...
Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: should I fight a possession charge that resulted from calling 911 for an overdose after we administered nalaxone?

It was a fentanyl overdose and they searched my apartment bc they said they knew my husband was a drug dealer and we are both on parole and they found drugs in our apartment and took us both to jail after saving someone’s life with Narcan that I received from a harm reduction organization and... Read more »

James E Hensley Jr
James E Hensley Jr answered on Feb 20, 2021

Seems like you would receive better treatment saving a life. When you are on parole, any law enforcement officer may search you, your home, your car, etc. A few years ago, I took the issue of who may search a person to the Arkansas Supreme Court after my client was searched by some police officers... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Land Use & Zoning for Arkansas on
Q: Can I let my yard grow as the Creator intended against city ORDINANCE under RFRA,

Can I advance my religion (native American) as defense to failure to cut grass,?

W. Whitfield Hyman
W. Whitfield Hyman answered on Feb 15, 2021

Probably not, but you could just plant trees covering your whole yard and I bet grass wouldn’t grow

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: A person was arrested by DEA in front of my apartment building 3 days later the kicked in my door . Was not home.

They took seven of my guns say one was stolen claiming I had links to drug trafficking no drugs found.haven't found charges yet but say they are going to charge me with theft by receiving what do I do

James E Hensley Jr
James E Hensley Jr answered on Feb 11, 2021

You need to speak with an attorney who works in the Federal Courts. Right now. Don't speak with anyone until you speak with that attorney!!

1 Answer | Asked in Criminal Law for Arkansas on
Q: I'm on probation and my house was search for probation sweep without my probation officer. Is that legal in Arkansas
James E Hensley Jr
James E Hensley Jr answered on Jan 17, 2021

About 5 years ago, I took this same issue to the Arkansas Supreme Court. The facts sound the same. My client was out on parole and the agreement said his "probation/parole officer" could search my client's home and vehicle. A local officer stopped my guy and searched his car. We... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can I get my records expunged for a3rd degree battery
W. Whitfield Hyman
W. Whitfield Hyman answered on Jan 14, 2021

Yes but it will take five to six years from the date you were convicted. You could also try to get a pardon which would only take about two years.

1 Answer | Asked in Criminal Law and Family Law for Arkansas on
Q: Does a father have legal rights to his child if the mother of child passes away?

Her parents wont let father see the child nor answer his calls je eas very much involved in the childs life.

James E Hensley Jr
James E Hensley Jr answered on Dec 27, 2020

Absolutely. In fact, the father is now the custodian. Depending on the facts and circumstances, he can get an order to pick up the child. Lots of issues here but dad may be in the controlling position. The grandparents will probably try to adopt the child or at least get guardianship. Dad needs to... Read more »

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