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Questions Answered by Richard Lane Hughes
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...
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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...
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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 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.

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: If my name is incorrect in several documents, does that discredit the case?

I have received my motions of discovery. My name is xxx. And that has been correct for most of the documents. But randomly xxx pops up. Even stating that "xxx is the biological father of [child name]". There is also supposed to be a physical description of me but it's to vague and... Read more »

Richard Lane Hughes
Richard Lane Hughes answered on May 23, 2018

Generally, the answer is no. Unless there is a genuine issue as to the identity of an individual in a report, document, etc., the misspelling or incorrect use of a name is considered a misnomer and will not affect the use of the documents or the outcome of a case.

1 Answer | Asked in Criminal Law for Arkansas on
Q: If a police offer fails to read someone their Miranda rights and hears them a day and a half later at the bond hearing.

My sister got in trouble for something and police arrested but but as they did they didn’t read her rights at all. She got them read to her the first time a day and a half later at her bond hearing. What happens to the stuff they have on her and the charges?

Richard Lane Hughes
Richard Lane Hughes answered on May 11, 2018

Miranda Rights are only required when a person is in custody (not free to leave) and is being interrogated by law enforcement. The typical remedy for a Miranda violation is prohibiting the government from using statements made by a defendant against her in a trial or court proceeding.

1 Answer | Asked in Divorce and Child Custody for Arkansas on
Q: Once you file a Warning Order and the Defendant doesn't respond. Can the judge handle matter's dealing with children?

I am the biological mother and defendant is not but on the birth certificate. She has a no contact order for slapping child across the face at 17 months old

Richard Lane Hughes
Richard Lane Hughes answered on May 11, 2018

Yes. However, the Judge will still be guided by "the best interests of the child(ren)."

That is, a court what is best for the kids regardless of a default by a parent.

1 Answer | Asked in Criminal Law for Arkansas on
Q: I was put on 36 months probation ACA 16-93-301.once probation is over will my charge automatically come off my record
Richard Lane Hughes
Richard Lane Hughes answered on May 11, 2018

No. It depends upon what act you were sentenced under. There is a statute that one may be sentenced under that, in theory, does not amount to a judgment and, therefore, when one satisfies the conditions of the sentence it is dismissed. This is not used in most cases but it is used in drug courts... Read more »

1 Answer | Asked in Divorce for Arkansas on
Q: How is it determined how much of one's pension an ex is granted?

I am getting married this summer and have been working 25 years at a job that gives me a pension when I retire. Would my ex get half of it if we divorced?

Richard Lane Hughes
Richard Lane Hughes answered on May 1, 2018

Your "ex" would be entitled to a prorated 1/2 from the time of your marriage until the time of your divorce. That portion of your retirement fund would be "marital property."

A prenuptial agreement might protect those funds.

1 Answer | Asked in Divorce for Arkansas on
Q: Are there Laws on the Books in Arkansas stating the basis for awarding spousal support?
Richard Lane Hughes
Richard Lane Hughes answered on Apr 26, 2018

Yes, Arkansas has such laws. The primary focus is upon the disparity of earning power between divorcing spouses. There are several other factors a Court will consider as well. Fault is NOT one of those factors.

1 Answer | Asked in Criminal Law for Arkansas on
Q: If I am the wife of the accused is it ok to talk to the prosecutor without hurting my husband case
Richard Lane Hughes
Richard Lane Hughes answered on Apr 26, 2018

I do not believe that it would be wise to do so without getting the advice of an attorney who is fully aware of the facts of your husband's case. The accused has a right to remain silent. You are not obliged to possibly prejudice his case.

1 Answer | Asked in Constitutional Law for Arkansas on
Q: Wat is Arkansas act 3 2768 ? I ask because I know of someone being held for state hospital under act 3 2768 by pcso

A person my girlfriend is afraid of is in Pulaski county I was wondering what Arkansas act 3 2768 is about

Richard Lane Hughes
Richard Lane Hughes answered on Apr 20, 2018

A motion for an "Act 3" review is a request that a person charged with an offense is interviewed by a mental health professional to determine if the person charged is mentally fit to proceed in a criminal case.

1 Answer | Asked in Criminal Law for Arkansas on
Q: can I stop charges against someone

His mom is very ill... he violated restraining order and is currently incarcerated in brickey jail

Richard Lane Hughes
Richard Lane Hughes answered on Apr 18, 2018

Once the State has charged a citizen with a crime, it is the State that has the power to dismiss the charge or, of course, the court for various reasons. The "victim" cannot dictate that a charge be dismissed but may persuade a prosecutor to dismiss a case. Many prosecutors do not like to... Read more »

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