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Questions Answered by James E Hensley Jr
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
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
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
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
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
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
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
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
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
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
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 Criminal Law for Arkansas on
Q: How much do you charge to represent someone for first degree battery with intent to harm he dont remember any of it ?

Hes been in trouble 2 times before

James E Hensley Jr
James E Hensley Jr answered on Oct 16, 2018

Call me

2 Answers | Asked in Car Accidents, Criminal Law, DUI / DWI and Wrongful Death for Arkansas on
Q: Being charged W/negligent homicide & DWI. State police report says .19 BAC and local police say .09 BAC only 1 test?????

no room

James E Hensley Jr
James E Hensley Jr answered on Oct 5, 2018

Get a lawyer right away. Probably don’t need to be putting a lot of info on the web.

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1 Answer | Asked in Criminal Law for Arkansas on
Q: How to get off Felony First time offense Probation early in Arkansas?

My husbands probation officer told him he wanted to release him, but he needed to petition the court. He gave us a few numbers, but I am really lost in all of this and have no idea on where to start.

James E Hensley Jr
James E Hensley Jr answered on Sep 12, 2018

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...
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1 Answer | Asked in Family Law and Adoption for Arkansas on
Q: Can a judge make it to where you can't get your birth certificate?

I am moving out of a bad situation at home an moving to Arkansas tomorrow, and I was just gonna order me a new copy of my Birth Certificate but I decided to look for my birth certificate anyways, and my mother told me when I was looking for it that they lost all the previous copies and said that a... Read more »

James E Hensley Jr
James E Hensley Jr answered on Aug 31, 2018

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...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Arkansas on
Q: My girlfriend is in trouble with Crawford and Sebastian County. Need pro Bono help?

She's facing multiple drug charges and failure to appear charge. She has medical issues and only began to get in trouble since this January. I can't find anyone to help. I believe that she was coerced into some things. Her history is that of abuse and neglect. She had a really bad head trauma in... Read more »

James E Hensley Jr
James E Hensley Jr answered on Aug 27, 2018

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... Read more »

2 Answers | Asked in Criminal Law for Arkansas on
Q: Can your license be suspended for a drug possession charge if you were not driving?
James E Hensley Jr
James E Hensley Jr answered on Aug 25, 2018

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... Read more »

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1 Answer | Asked in Family Law and Child Custody for Arkansas on
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

My mother in law has had her nephew since he was born. He is now a year and a half and has permanently resided at her home. Every weekend or everyry other weekend the biological parents take him "to spend time with him". The baby has come back with high amounts of benadryl in his system. My mother... Read more »

James E Hensley Jr
James E Hensley Jr answered on Aug 18, 2018

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....
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3 Answers | Asked in Criminal Law for Arkansas on
Q: how to i remove a felony from my record

i was charged with accessory to commercial burglary in 2002 maybe... all fines are paid, probation is finished with no issues in 2008. I would like to get this removed from my record.

James E Hensley Jr
James E Hensley Jr answered on Aug 6, 2018

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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2 Answers | Asked in Criminal Law and Juvenile Law for Arkansas on
Q: Can an 18 year old female face charges in Arkansas for fighting 16 year old?
James E Hensley Jr
James E Hensley Jr answered on Aug 6, 2018

Yes. Age doesn’t matter

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1 Answer | Asked in Criminal Law for Arkansas on
Q: Is it still considered simultaneous if the amount of marijuana is less than an ounce
James E Hensley Jr
James E Hensley Jr answered on Aug 6, 2018

Very harsh statute for sure in Arkansas. The simultaneous statute is a class Y felony, 10 to 40 or life for having a weapon or something like a weapon with no valid reason to have the weapon. ACA 5-64-400 encompasses all sorts of drugs and different amounts. I do not believe there is a... Read more »

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