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Questions Answered by Richard Lane Hughes
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 DUI / DWI for Arkansas on
Q: How can I be charged with 5-65-123 and never was ordered to have one installed?
Richard Lane Hughes
Richard Lane Hughes
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.

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: 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 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 »

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