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Questions Answered by James E Hensley Jr
1 Answer | Asked in Criminal Law and Domestic Violence for Arkansas on
Q: Hi, would you please advise me on the protocol for requesting a no contact order in Arkansas be rescinded? Thank you.

Specifically, the NCO is for both parties & the charge is domestic battery 3rd degree. Hearing set for 4/14/21; incident occurred 2/20/21. Both spent 48hts in Benton Co jail on Saturday evening, & both were released on Monday norming after Judge ruled that there was no bond required. We... Read more »

James E Hensley Jr
James E Hensley Jr answered on Feb 27, 2021

Thank you for reaching out. Couple things of concern:

You are going to be in law school. This charge will cause you some grief when you apply to the bar; specifically, even though you win the charge and your record is sealed, make sure you tell the bar about it on your application and...
Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: should I fight a possession charge that resulted from calling 911 for an overdose after we administered nalaxone?

It was a fentanyl overdose and they searched my apartment bc they said they knew my husband was a drug dealer and we are both on parole and they found drugs in our apartment and took us both to jail after saving someone’s life with Narcan that I received from a harm reduction organization and... Read more »

James E Hensley Jr
James E Hensley Jr answered on Feb 20, 2021

Seems like you would receive better treatment saving a life. When you are on parole, any law enforcement officer may search you, your home, your car, etc. A few years ago, I took the issue of who may search a person to the Arkansas Supreme Court after my client was searched by some police officers... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: A person was arrested by DEA in front of my apartment building 3 days later the kicked in my door . Was not home.

They took seven of my guns say one was stolen claiming I had links to drug trafficking no drugs found.haven't found charges yet but say they are going to charge me with theft by receiving what do I do

James E Hensley Jr
James E Hensley Jr answered on Feb 11, 2021

You need to speak with an attorney who works in the Federal Courts. Right now. Don't speak with anyone until you speak with that attorney!!

1 Answer | Asked in Criminal Law for Arkansas on
Q: I'm on probation and my house was search for probation sweep without my probation officer. Is that legal in Arkansas
James E Hensley Jr
James E Hensley Jr answered on Jan 17, 2021

About 5 years ago, I took this same issue to the Arkansas Supreme Court. The facts sound the same. My client was out on parole and the agreement said his "probation/parole officer" could search my client's home and vehicle. A local officer stopped my guy and searched his car. We... Read more »

1 Answer | Asked in Criminal Law and Family Law for Arkansas on
Q: Does a father have legal rights to his child if the mother of child passes away?

Her parents wont let father see the child nor answer his calls je eas very much involved in the childs life.

James E Hensley Jr
James E Hensley Jr answered on Dec 27, 2020

Absolutely. In fact, the father is now the custodian. Depending on the facts and circumstances, he can get an order to pick up the child. Lots of issues here but dad may be in the controlling position. The grandparents will probably try to adopt the child or at least get guardianship. Dad needs to... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Are you aloud a second opinion with another lawyer even if you have already hired one??

i dont feel like he is helping me any what so every never returns phone calls or emails isnt filing all the stuff that should be filed he saying as its a waste of time but its not like he just has no interest!! can i get a second opinion before i end up in prison bc my lawyer dont seem to care!!

James E Hensley Jr
James E Hensley Jr answered on Dec 4, 2020

You can speak with another attorney even though you have retained a lawyer. In fact, most lawyers want their clients to consider other options if a client is not satisfied. The goal is to help a client avoid jail or the repercussions of a criminal charge. I would be very surprised if your lawyer is... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: How can i get a lawyer for adc inmate charged
James E Hensley Jr
James E Hensley Jr answered on Nov 15, 2020

Hello there. I'm having trouble understanding your question. Are you wanting an inmate's LAWYER charged? Perhaps you want a lawyer for an ADC inmate?

1 Answer | Asked in Domestic Violence for Arkansas on
Q: My daughter and son 8 months lives in Colorado springs, her husband is abusive to her and son. She is from Arkansas.

Her family is in Arkansas, can she come here with son against fathers will and file for divorce?

James E Hensley Jr
James E Hensley Jr answered on Oct 25, 2020

Yes, as long as there is no pending action in CO. Also, she should speak to an Arkansas Family Lawyer to ensure there is nothing else that would cause trouble. Jim

1 Answer | Asked in Criminal Law and DUI / DWI for Arkansas on
Q: 5-65-103 1ST         DRIVING WHILE INTOXICATED - DWI 1ST; MU I'm needing to know what the MU means
James E Hensley Jr
James E Hensley Jr answered on Oct 4, 2020

"MU" means "Misdemeanor Unclassified." In Arkansas Misdemeanors are classified as

A Up to 1 year in the county jail and $2,500. This is for DWI 1.

B Up to 90 days in the county jail and $1,000.

C Up to 30 days in the county jail and $500 fine.

U...
Read more »

1 Answer | Asked in Domestic Violence for Arkansas on
Q: So my husband and i got into an argument tonight.. neither one was arrested and no one was cited/ticketed.. cops were

He called 911 to have them come out and assess his arm. The cops arrived... and i left with my mother.. she came to pick me up.. my concern is i am a nurse and i have a license to protect... any advise or legal suggestions. He is taking full responsibility for everything..

James E Hensley Jr
James E Hensley Jr answered on Aug 31, 2020

You should be o.k. Police Officers are great about considering the impact of their decisions on people. If you were not issued a citation or arrested, the police probably issued a police report. It is difficult to locate a copy.

This police report might be considered if there is another...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: I have a nieghbor who is threatning harm to me and other cops cant arrest him he is even using pittbull as threatning ?

He has made gang claims of AB and made threats of calling gang member to kill me after cops leave he has made threats with a pittbull he has came at me violently in front of witnesses he is mental person go to mental hospital alot so cops dont seem to want to make a legit case are whole... Read more »

James E Hensley Jr
James E Hensley Jr answered on Jul 14, 2020

The police are having issues because they must see the event occur. This neighbor most-likely does not act out in front of the police. You can file a complaint with your local prosecutor. Someone from the Prosecutor's office will review your statement and then make a decision whether or not to... Read more »

2 Answers | Asked in Adoption, Child Custody and Family Law for Arkansas on
Q: Father of my child wants to relinquish his parental rights. I am willing to accept sole responsibility, can I?

I am not married to the father of my child and As I understand the court system says I have to have someone to adopt my child; ie: boyfriend or husband. Why? I am willing and capable of taking full responsibility, I will establish a will with guardianship in case something happens to me and... Read more »

James E Hensley Jr
James E Hensley Jr answered on Jul 14, 2020

In Arkansas, you can adopt your own child. You don't need someone else to adopt the child for you or with you. Seems odd but you basically follow the adoption statute; i.e., you must be over 18, of sound mind, have no felonies on your record, be able to care for the child and a few others that... Read more »

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1 Answer | Asked in Adoption for Arkansas on
Q: My ex is unagreeable for my husband to adopt my daughter. We've been married 6 years.

He has not had any contract in 8 years. Is it possible this can end going in my ex's favor in court instead?

James E Hensley Jr
James E Hensley Jr answered on Jun 29, 2020

If a parent goes more than one year without seeing the child on a regular basis OR goes more than one year without paying any meaningful support, that parent's rights may be terminated. As such, your husband could adopt if:

He has a good relationship with the child for such duration he...
Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Facing a class y felony charge with methamphetamine, paraphernalia and a firearm.. what are my best options?

Will hiring a good lawyer and taking a rehab course reduce my sentence?

James E Hensley Jr
James E Hensley Jr answered on May 17, 2020

Most certainly. Speak with several attorneys. Ask them how many jury trials they have had. Anything more than 25 is pretty good. Please realize that most criminal jury trials are not won. In fact, having jury experience is respected by Prosecutors. Thus, the offers are better for attorneys with... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Arkansas on
Q: My child is in DHS custody do I have the right to sign over my custody or let someone adopt him
James E Hensley Jr
James E Hensley Jr answered on May 14, 2020

Until the DHS case is closed it is doubtful any other action will be considered. I understand you want to get the child out of DHS involvement but filing such an action will not help you in the DHS case. Typically you will have an attorney appointed in the DHS case. If so, you probably don't... Read more »

1 Answer | Asked in Small Claims and Federal Crimes for Arkansas on
Q: Sold my car for $4,500. The man wrote a check at my bank, transferred $ to my account. He took the car then stopped pymt

We made the transaction on camera with a bank teller who verified he had sufficient $ in his accountThe $ cleared into my account, then the next day it was returned to the buyer. I lost the $ and my car. Now they aren't answering the phone. What can I do?

James E Hensley Jr
James E Hensley Jr answered on May 9, 2020

File a complaint with the police department where this event occurred. Then take that complaint to the prosecutor. This is a crime even though stopping payment on a check is allowed. Failing to return the vehicle is theft.

1 Answer | Asked in Domestic Violence for Arkansas on
Q: I’m the victim. I need to press changes ASAP! Need help please.
James E Hensley Jr
James E Hensley Jr answered on Apr 26, 2020

Love to help. Need a bit more information though.

If you are a victim typically the police and prosecutor can help you file charges.

Tell us a little more. What happened to you. Tell us who the other parties are.

What City and County did this happen?

Anyone arrested?...
Read more »

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 »

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