Questions Answered by James E Hensley Jr

Q: I am need to know more about sexual indecency with a minor. My son is in some trouble for it

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Mar 12, 2019
James E Hensley Jr's answer
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.

Q: After Adoption is finalized. Can Grandparents of the deceased biological parents sue for visitation rights?

1 Answer | Asked in Adoption and Family Law for Arkansas on
Answered on Mar 6, 2019
James E Hensley Jr's answer
An adoption severs all ties with the parent and their relatives. See Section (a)(1) below.

Ark. Code Ann. Section 9-9-215. Effect of decree of adoption.

(a) A final decree of adoption and an interlocutory decree of adoption which has become final, whether issued by a court of this state or of any other place, have the following effect as to matters within the jurisdiction or before a court of this state:

(1) Except with respect to a spouse of the petitioner and...

Q: Can i legally adopt my own child?

1 Answer | Asked in Adoption for Arkansas on
Answered on Feb 23, 2019
James E Hensley Jr's answer
The answer is "yes." In Arkansas it is called a single-parent adoption. It removes an errant father from the child's life. You may adopt your child provided:

1. You do not have any felonies on your record;

2. The father has gone more than one year without having a relationship with the child. That does not mean he can show up a couple times a year. The law requires parents to be engaged in the raising of a child.

3. The father has gone more than one year without...

Q: Hi i have a few questions about the revocation of probation can anybody help out

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Jan 30, 2019
James E Hensley Jr's answer
You need to talk with a lawyer. You could go to prison from one year to several years. Being revoked means you did not follow the Court's orders regarding your probation. Your question is very broad. We need to know where the case is, the Judge's name, your charges, your name, the specifics of your probation order, etc. Most lawyers will answer your question over the phone. The lawyers listed here are great to help. I'll be glad to talk with you too.

It is good you are reaching...

Q: Order to seal and expunge under 5-64-401 act 346 give your gun rights back

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Jan 10, 2019
James E Hensley Jr's answer
Well, gun rights are sort of tricky in Arkansas and some states. The statute of which you speak is drugs. You are probably eligible to have your record sealed. It sounds like your record has been sealed. If so, you can vote and don't have to admit that you have ever been arrested. After you have your record sealed, you can petition the Governor to restore your gun rights.

To have your gun rights restored, you will have to file a clemency action with the Governor of the State of...

Q: Will i ever be able to own guns again. Expunged, Pardoned etc? In Arkansas preferably United States

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Jan 3, 2019
James E Hensley Jr's answer
To have your gun rights, there are a couple things required:

1) You must have your record sealed. A Battery III can be sealed five years after you are finished with probation, payment of fees, restitution, costs, etc. Don't bother filing anything with the Governor or ACIC until the time has ran. You will be wasting your money: and

2) After you have the order to seal and Arkansas Crime Information Center has sealed your record, you can petition the Governor of Arkansas to...

Q: My 15 year old stepson was droped off with my wife and I about 3 months ago. His step mom claiming she had woke up with

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Dec 29, 2018
James E Hensley Jr's answer
GET A LAWYER BEFORE YOU GO. DONT TAKE HIM TO MISSOURI

Q: I got a domestic batterycharge but me and wife just got in a argument i never put hands on her and she told cops i didnt

1 Answer | Asked in Domestic Violence for Arkansas on
Answered on Dec 26, 2018
James E Hensley Jr's answer
You need a lawyer for sure right now! This is a Class A Misdemeanor in Arkansas. You could receive a sentence in the county jail for one year and a fine of up to $2,500.00. Depending on the lawyer you hire and the Judge, you could have the case dismissed or spend some time in jail. Your lawyer will review the police reports to see why they arrested you. Typically, to make such an arrest, the police must see some physical injury on your wife or she was in fear for her well-being. She...

Q: Is it grounds for a insanity plea if I'm ordered to take a mental evaluation

2 Answers | Asked in Criminal Law for Arkansas on
Answered on Dec 24, 2018
James E Hensley Jr's answer
Perhaps. A mental evaluation is ordered for a defendant when the Judge, your lawyer, or the Prosecutor believe you may not understand the gravity of the situation. In Arkansas, to be fit to stand trial is a fairly low burden. The defendant must 1) understand the charges against him and 2) be able to assist his attorney.

For the most part, when a mental evaluation (called Act III in Arkansas) it is done to ensure the defendant is fit to stand trial. Otherwise, any defendant who is...

Q: In 1999-2000 I was raped/molested by my then brother in law. Is it too late to file charges in Arkansas?

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Nov 30, 2018
James E Hensley Jr's answer
This is a criminal law question. Your lawyer will be the prosecuting attorney in the county in which you live. You should start out by calling your local police department and making a complaint. You can also call the prosecutor directly. They have wonderful people who have been trained on how to help you through this difficult time in your life. I wish you well. I'm sure all the people of Justia and the lawyers who help do so also. You keep fighting!

Q: Me and my girl friend were arguing she does not pay any bills here and has a place of her own I call my step mom and as

1 Answer | Asked in Family Law and Domestic Violence for Arkansas on
Answered on Nov 29, 2018
James E Hensley Jr's answer
Goodness. I hear that a lot. The cops show up and the wrong person is arrested. I was a cop years ago and the rules provided that if there are marks, bruising, scratches on one person, the other person would be arrested.

The reason is to end the argument for the night and give folks time to cool down. Usually, there is an order of protection in place to ensure the fight does not continue.

I'll also say though that if you were not the offending party, the Court should not...

Q: I am charged with domestic 3rd degree and I didn't touch her just her and my step mom got in a fight why am I arrested

1 Answer | Asked in Domestic Violence for Arkansas on
Answered on Nov 29, 2018
James E Hensley Jr's answer
Goodness. I hear that a lot. The cops show up and the wrong person is arrested. I was a cop years ago and the rules provided that if there are marks, bruising, scratches on one person, the other person would be arrested.

The reason is to end the argument for the night and give folks time to cool down. Usually, there is an order of protection in place to ensure the fight does not continue.

I'll also say though that if you were not the offending party, the Court should not...

Q: Being charged W/negligent homicide & DWI. State police report says .19 BAC and local police say .09 BAC only 1 test?????

2 Answers | Asked in Car Accidents, Criminal Law, DUI / DWI and Wrongful Death for Arkansas on
Answered on Oct 5, 2018
James E Hensley Jr's answer
Get a lawyer right away. Probably don’t need to be putting a lot of info on the web.

Q: How to get off Felony First time offense Probation early in Arkansas?

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Sep 12, 2018
James E Hensley Jr's answer
The judge sometimes will consent and take your husband off of probation early. We will need the prosecutor to agree also. You have a very good chance of getting the felony sealed from your husband’s record.

Please realize that even though the record is sealed, other agencies such as private.com is Matt still have the information and use it for a background check. The state of Arkansas will clear the record but these other organizations may not get the message. If one of these people...

Q: Can a judge make it to where you can't get your birth certificate?

1 Answer | Asked in Family Law and Adoption for Arkansas on
Answered on Aug 31, 2018
James E Hensley Jr's answer
Typically, there is a new BC issued once you are adopted. If you are looking for your original BC, try the Arkansas Department of Human Services in Little Rock. You may also have to reopen your adoption case. It is sometimes difficult to reopen a case.

To answer your question, it was not necessarily the Judge who restricted your access to the file and your BC; it is the law. These records are sealed for a variety of reasons - and one of those reasons are so you can't get the birth...

Q: My girlfriend is in trouble with Crawford and Sebastian County. Need pro Bono help?

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Arkansas on
Answered on Aug 27, 2018
James E Hensley Jr's answer
I'll tell you that the Public Defenders who I deal with are excellent at their jobs. No, they do not have a lot of time for hand-holding. They certainly not available for family or boyfriends. Lawyers are not able to do pro bono work for criminal cases because there is the Public Defender's Office. Your girlfriend should tell her lawyers everything that will help her. And she should take their advice. If she has proof of a head injury, she should bring that evidence to her lawyers....

Q: Can your license be suspended for a drug possession charge if you were not driving?

2 Answers | Asked in Criminal Law for Arkansas on
Answered on Aug 25, 2018
James E Hensley Jr's answer
Yes. In Arkansas, if you plead guilty to a position charge then part of the fun includes your drivers license being suspended for six months. You can get a hardship license to drive to work school and for medical reasons though. If you have a lawyer, you stand a much better chance of modifying the charge to get rid of the suspension requirement.

Q: How does my mother in law obtain emergency custody of her nephew she has had since birth and he is now a year and a half

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Answered on Aug 18, 2018
James E Hensley Jr's answer
Guardianship. Grandmother cannot have any felony conviction. Must have suitable home with utilities and a good income. She can't have any miscreants in the home. No bad people can live there.

She could also call DHS. They will come out and look at the place and maybe give her custody. DHS is a double-edged sword. While they don't cost anything and will probably help her with custody, once the parents can pass a drug test DHS will give the child back to them.

Grandmother...

Q: how to i remove a felony from my record

3 Answers | Asked in Criminal Law for Arkansas on
Answered on Aug 6, 2018
James E Hensley Jr's answer
Probably need an attorney to help you. Get one who knows the parties in the specific court. It can be done. Costs vary depending on the charges.

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