My friend is in prison and has been for a year now. I hired an attorney for him last year. He's being charged with serious felonies. The attorney has not been to see him a single time and hasn't really done anything. I tried to fire her, and she said she would stay on the case anyway....... View More
The attorney-client relationship is between your friend and his lawyer regardless of who pays lawyer's fees. If he wishes to terminate that relationship, he can do so. The Court may not let attorney off the case given the time that has passed since the case was filed. However, if he hires...View More
Me and my husband where at a concert and he was drinking. We where in our way out when he tripped and grabbed my hair on accident. 2 witnesses said he hit me and police arrested him with domestic battery 3rd degree. I told the police he did not hurt me and they still took him. I dont want charged... View More
Yes, once charged the matter is in the hands of the State. However, no prosecutor wants a key witness available to the defendant to be hostile towards the State's case. Your husband needs an experienced attorney. If he cannot afford an attorney and meets certain criteria, the court will...View More
His brother went to steal drugs from some drug dealer's house. He Went with him, but stayed by the car. Didn't go inside or around back at all. His brother was shot and killed my the owner of the house. Now, he is facing a capital murder charge. How is that even allowed?
This is called vicarious responsibility. Not a favorite of the law. However, legislators who make our laws want to be seen as tough on crime. The notion is that a person in the position of your boyfriend is responsible for the conduct of of all actors engaged in a criminal undertaking. It sounds...View More
He may be sentenced to any term of years or months that he was subject to at the time he commited the underlying offense. That is not to say he will be sentenced to the maximum or be sentenced to jail. His probation may be reinstated. The basis for his revocation is very significant with regard to...View More
You should not go without a criminal defense attorney representing you. Even then, your attorney may advise you against talking to a prosecuter. One of the most important rights that you have per the State and United States Constitution is the right to remain silent. Many people make the mistake of...View More
If the Court issues a warrant for the arrest of an accused for failure to appear, the accused may be considered a fugitive. That is, the active warrant subjects the person named in the warrant to arrest and detention. The term "fugitive" is sometimes used to invoke jurisdiction of law...View More
He had a get together at his dad's house, the police showed up and told him that a 14 yo was being pulled over and fled the police causing him to crash . He told the police he had left my son's party. My son did not invite nor he knows the kid, which he explained to the police. The... View More
It is clearly possible based upon your statement. Citizens are often shocked when they are affected by the powers of the police and prosecutors. Remember when you vote that the prosecutor has the discretion and makes the decision to charge a person with a crime.
I was stopped driving and the cop is looking for someone walking. He runs my license and thought dispatch told him I had a search waiver. Later he states in the report he found out there wasn’t a search waiver .Is that grounds to throw the case out ?
This is the type of thing that courts have routinely found to be good faith errors and thus not prejudicial or subject to exclusionary rules based, in part, upon the rationale of US v. Leon. Each case though, is fact specific. There may be additional facts in your situation that might prove...View More
I'm a manager a fast-food establishment and i sent an employee home. That employee then calls her mother to the restaurant and proceeds to threaten me along with other family members. They threw drinks and metal rods at me, called me everything but a Child of God.
You can, and probably should, report the incident to the police and your local prosecuting attorney. The prosecutor has the discretion and duty to determine if the offending persons will be charged with violating the law based upon the facts that you provide along with any facts the police gather...View More
it was 10$ worth, i immediately got clean, went thru med detox, got in a research treatment prgm, in therapy and NA meetings, got a job giving back to the community at a local non profit, im a single mom of 3, my youngest has special needs and no one knows how to handle him but me, i know that the... View More
You mention "alternative sentencing." You would likely be a candidate for drug court where, upon successful completion of a prescribed program you do not have a conviction. Given your occupation, it is very important that you not get a felony conviction. I suggest that you get an...View More
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...View More
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...View More
You may get that arrest and charged sealed or excluded from your public record through what we once called an expungement. It does require you to file a motion in the court in which you were charged and obtain a court order.
So, my boyfriend's brother went to go steal drugs from a guy's house. My boyfriend just rode with him. He stood by the car the whole time, but his brother went around back and ended up being shot and killed by the home owner. My boyfriend gave him cpr and called 9 1 1. They charged my... View More
The prosecutor can, with leave of the Court, amend charges at any time prior to a case being submitted to a jury. Of course the defendant can object and the court will hear that objection. The decision to allow amendment is within the court's discretion.
The persons that failed to appear remain subject to prosecution. Jeapordy did not attach to those individuals since they did not appear to defend themselves. There may be reasons that the failure to disclose "Brady" material in the case of accused number one will impact the prosecution of...View More
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...View More
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
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