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Questions Answered by James E Hensley Jr
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...
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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...
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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?...
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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...
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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...
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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)...
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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...
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