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Questions Answered by James E Hensley Jr
1 Answer | Asked in Traffic Tickets and Criminal Law for Arkansas on
Q: Tonight I was written a ticket for contributing to the delinquency of a minor in Arkansas , what should my next step be

The cops showed up because a buddy who wasn’t there has a crazy girlfriend, and she showed up looking for him and then called the cops and told them a lie about somebody who was really drunk and left the house. Nobody was really drunk but a few people had a couple drinks at my house.

James E Hensley Jr
James E Hensley Jr answered on Mar 28, 2020

Thank you for reaching out. The citation is a class A Misdemeanor in Arkansas. This is up to one year in the county jail and up to $2500 fine if you plead guilty or are found guilty by a Judge. The charge may stay on your record forever. You can seal this record though. Depending on which court... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Arkansas on
Q: Can we be denied the autopsy report if my loved one died in custody of the state?
James E Hensley Jr
James E Hensley Jr answered on Jan 27, 2020

The information below is a general statement regarding autopsy reports. There are forms on the Arkansas State Crime Lab Website that may assist you in obtaining the report. Typically, once the autopsy report is released to Law Enforcement Officials the information is public and you can use the... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: my son had a felony charge against him he has three boys DHS came and took them his charges were dropped to a misdemeano

will the state of Arkansas return them to him without delay.

James E Hensley Jr
James E Hensley Jr answered on Jan 18, 2020

Typically when the charges are dropped to a misdemeanor DHS will return the children. With that said, it will depend on what that charge actually is. If it is sexual or violent in nature DHS could still keep the kids. There is so much more you need to know about having the children returned.... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Is there any chance of probation for first time offence of residential burglary class B felony in Arkansas?
James E Hensley Jr
James E Hensley Jr answered on Jan 6, 2020

Yes. A lot depends on the facts of the case. Typically though, a probation offer is possible; especially with a good lawyer. It is also possible to get the Class B Felony down to a lower Felony. Need to get a lawyer right away.

1 Answer | Asked in Criminal Law for Arkansas on
Q: If i have a first time shoplifting citation, will I go to jail?
James E Hensley Jr
James E Hensley Jr answered on Nov 30, 2019

It would be rare to have jail time on a first charge of shoplifting. I figure you are charged in Arkansas. Shoplifting is a misdemeanor but could cause you some trouble later in life depending on where you want to work and your career path.

You should sit down with a lawyer in the area...
Read more »

2 Answers | Asked in Criminal Law for Arkansas on
Q: Is it legal in Arkansas to use deadly force to protect others?
James E Hensley Jr
James E Hensley Jr answered on Nov 28, 2019

It is legal to use deadly force to protect others but that option is not absolute. Each case is different. Defending others with lethal force will be highly scrutinized. Even if you are acquitted there could be a civil case which might ruin you financially. I'm assuming you are asking for... Read more »

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1 Answer | Asked in Criminal Law for Arkansas on
Q: While on parole ,is my parole officer allowed to enter my home and search without me present?
James E Hensley Jr
James E Hensley Jr answered on Nov 12, 2019

Yes. In fact, so are the police and any other law enforcement officer. A few years ago I had a client who was on parole. The local cops stopped my guy and arrested him. The cops said they had authority based on the parole officer's authority.

We objected because my client's agreement...
Read more »

1 Answer | Asked in Child Support and Criminal Law for Arkansas on
Q: My passport is suspended due to past child support. Can I still go on a cruise with birth certificate and ID ?

I found out a month ago that my ex has reopened the child support. It retroactively went to 2014. I am $16,000 behind. Passport is suspended. I have a cruise booked for Dec 4-7. I have called several places about it. And no one seems to know the answer but tells me they think I should be good.... Read more »

James E Hensley Jr
James E Hensley Jr answered on Oct 31, 2019

Copy this link to your browser. Lots of good information.

https://www.acf.hhs.gov/css/resource/overview-of-the-passport-denial-program

I do not believe you will be able to leave or return with the passport suspended. If the Federal Office of Child Support Enforcement (OCSE)...
Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: How do I request evidence & reports on my case, as well as file for a request of discovery
James E Hensley Jr
James E Hensley Jr answered on Oct 21, 2019

You should not represent yourself. Your lawyer knows how to obtain all the information for you. If the case has not been filed, you must wait until then.

After you have been charged, you can just ask for it from the Prosecutor. You need to identify yourself and the case number, sign it...
Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Divorced with children.15-year-old daughter made allegations that I touched her. Haven't spoken/seen over a 1

What could I be possibly facing? The allegation is completely a lie. Very rough divorce with mother. Mother is very manipulative. I was contacted by the police department today, but for the life of me, I can't remember what charge (If any) they told me or even when the date of the incident... Read more »

James E Hensley Jr
James E Hensley Jr answered on Oct 16, 2019

Very smart of you. Do not meet with the police without an attorney. Teenagers sometime make these allegations because they do not want to follow your rules. Sometimes the other parents go along with this to keep you away from this child and the other children. It is the worse for sure. If you... Read more »

2 Answers | Asked in Federal Crimes, Sexual Harassment, Family Law and Juvenile Law for Arkansas on
Q: Can a 17 year old (Female) date a 20 year old (male) if there is no sexual activity involved in the relationship?
James E Hensley Jr
James E Hensley Jr answered on Oct 10, 2019

16 is the age of consent in AR provided the 20 year old is not a:

cop;

teacher;

lawyer;

doctor;

pastor; or

basically anyone who is in a position of authority over the 17 year old. Gender does not matter by the way. At age 18, any major concern goes...
Read more »

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1 Answer | Asked in Criminal Law and Real Estate Law for Arkansas on
Q: If I have a misdemeanor charge for theft that is being expunged will this still bar me from getting a realtor license?

I haven’t started the process yet for my expungement, but I am in the process of trying to find a lawyer to do so, it’s a Misdemeanor A Theft.

James E Hensley Jr
James E Hensley Jr answered on Aug 27, 2019

Once the charges are expunged you the charge will not show up on your record with the state of Arkansas; however, there are other websites that record you being charged. They rarely receive notice of the expunged record. You might need to send them a copy of the file marked expunge order.... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Hi, I am facing terroristic threatening charges where multiple people at work accused me of making threats

I was wondering if there was a way I can see the statements they wrote to the police somehow before my court date?

James E Hensley Jr
James E Hensley Jr answered on Aug 25, 2019

Your lawyer will request what is called Discovery. The state must give you everything they have against you including any evidence that shows your innocence. You will be able to see everything written against you. If you don't have a lawyer, just write a letter to the prosecutor and request to... Read more »

1 Answer | Asked in Criminal Law and Sexual Harassment for Arkansas on
Q: Is a male officer allowed to put his hand in the pocket of a female suspect during a search?
James E Hensley Jr
James E Hensley Jr answered on Aug 8, 2019

Typically the answer is yes. He should exercise care though. Most officers will have another officer - preferably a female officer present.

The only reason an officer should be placing his hand in anyone's pocket is to check for weapons. There is a lot of case law dealing with this...
Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: Can i get a felony took off my background
James E Hensley Jr
James E Hensley Jr answered on Jul 24, 2019

In Arkansas, many different felony convictions may be expunged from your record. Typically, convictions for sex crimes, prison time, or violent behavior are not eligible. Still, you should contact an attorney who works these cases for specifics. Depending on the facts even some felony... Read more »

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2 Answers | Asked in Federal Crimes for Arkansas on
Q: I got charged with theft by receiving but I never laid hands on the property, how can I be charged with that?
James E Hensley Jr
James E Hensley Jr answered on Jul 5, 2019

Theft by receiving only requires that you be in possession of stolen property.

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1 Answer | Asked in Adoption for Arkansas on
Q: I have permanent custody of my grandson and would like to adopt him. His therapist suggested adoption due to his emotion

His therapist suggested adoption due to his emotional health when visiting with the father and other grandmother. My daughter has signed her rights away already. What would be the first step towards adoption, he is 7 yrs old.

James E Hensley Jr
James E Hensley Jr answered on Jun 18, 2019

In Arkansas, if the parents of the child go more than one year without a stable relationship with the child OR go one year without paying significant support OR their rights have been removed, you should be able to adopt.

We need to have the documents where the mother lost her rights....
Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can I be charged with possession of meth and drug paraphernalia at a house that I own but is unoccupied??

My sister and I own a house that was our mons. I was recently arrested and charged wirh meth possession charges and a paraphernalia charge for things found in my yard of this unoccupied house that I own with my sister. It was searched because of a separate crime the cops r trying to charge me... Read more »

James E Hensley Jr
James E Hensley Jr answered on Jun 13, 2019

With the facts you mention, it would seem odd that you were arrested. Perhaps there are other issues going on? Either way, you were charged because the police believe you to be involved. The prosecutor is obliged to give you a copy of all the documents and facts that will be used against you.... Read more »

1 Answer | Asked in Adoption for Arkansas on
Q: Can we legally adopt a child born in Memphis TN if we live in West Memphis AR?

A young lady who use to live in West Memphis, AR and moved to Memphis has agreed to allow us to privately adopt her baby. Is that possible??

James E Hensley Jr
James E Hensley Jr answered on Jun 6, 2019

The answer to your question is "yes." The issue is not where the child was BORN but where she LIVES right now.

1 Answer | Asked in Criminal Law for Arkansas on
Q: I am need to know more about sexual indecency with a minor. My son is in some trouble for it
James E Hensley Jr
James E Hensley Jr answered on Mar 12, 2019

Thank you for reaching out. The subject here will require a phone call or visit with an attorney. There are several good attorneys on this website.

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