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Questions Answered by James E Hensley Jr

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 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 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 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 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 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 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....
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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 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 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 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.

1 Answer | Asked in Adoption and Family Law for Arkansas on

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

James E Hensley Jr answered on Mar 6, 2019

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...
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1 Answer | Asked in Adoption for Arkansas on

Q: Can i legally adopt my own child?

I heard that i can legally adopt mine own child to end my ex rights. He hasn't seen her and won't pay support. When he does it was fews out of almost 5 1/2yrs. She now 7yr

James E Hensley Jr answered on Feb 23, 2019

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...
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1 Answer | Asked in Criminal Law for Arkansas on

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

I just got a revocation i have court monday and dont understand anything going on

James E Hensley Jr answered on Jan 30, 2019

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... Read more »

1 Answer | Asked in Criminal Law for Arkansas on

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

In 2002 I plead guilty of 5-64-401 with seales and expunged record and was told I would have my gun rights back

James E Hensley Jr answered on Jan 10, 2019

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... Read more »

1 Answer | Asked in Criminal Law for Arkansas on

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

I have a 3rd degree battery charge already over a year old. Temporary restraining order was dismissed court fees paid in full. If i get it expunged or pardoned will i retain my gun rights back

James E Hensley Jr answered on Jan 3, 2019

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...
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1 Answer | Asked in Criminal Law for Arkansas on

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

Him masterbating to her. Missiouri police called today saying we have to bring him there so they can talk to him. What should i do

James E Hensley Jr answered on Dec 29, 2018

GET A LAWYER BEFORE YOU GO. DONT TAKE HIM TO MISSOURI

1 Answer | Asked in Domestic Violence for Arkansas on

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

She just called the cops just wanting them to calm me down but i got arrested and charged with domestic battery 3rd plus we had 3 people as witnesses and still spent the weekend in jail we were just arguing my wife and the witnesses told them several time i never put hands on been married 21 years... Read more »

James E Hensley Jr answered on Dec 26, 2018

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... Read more »

2 Answers | Asked in Criminal Law for Arkansas on

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

James E Hensley Jr answered on Dec 24, 2018

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... Read more »

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1 Answer | Asked in Criminal Law for Arkansas on

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

I haven't come forward before as I buried the horrific memories until they surfaced approximately 18 months ago. When the assaults occurred I was only 14-15.

James E Hensley Jr answered on Nov 30, 2018

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... Read more »

1 Answer | Asked in Family Law and Domestic Violence for Arkansas on

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

She comes and they are loading stuff well I ask to look in her bag because I know there's my stuff in there she don't want me to and she hits me over the head with laundry basket with shampoo in it my step my stops her and they get in to push to shove then are on the floor I go out side and me and... Read more »

James E Hensley Jr answered on Nov 29, 2018

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...
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1 Answer | Asked in Domestic Violence for Arkansas on

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

James E Hensley Jr answered on Nov 29, 2018

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...
Read more »

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