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Questions Answered by James E Hensley Jr
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 »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Arkansas on
Q: does an order of protection remain if child custody is changed

My mom got an order of protection against my step-dad for her and my little brothers. My grandma recently took them as their legal guardian. My step-dad brought over a tv for them with my grandmas convent but we are worried my mom will press charges. Is my grandma at any legal fault?

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

Probably won't get into trouble since grandma consented. Still, he could be in some real trouble if she changes her mind. The order tells him to stay away from certain people. It was the Judge who made the order. If step dad wants to see the kids or visit under any circumstances, he must obtain... Read more »

1 Answer | Asked in Adoption for Arkansas on
Q: My sons biological father isn’t on the birth certificate. Can my husband adopt him without his consent?

My son is 3 years old. My husband has been in my sons life since he was 9 months old. My sons biological father isn’t on the birth certificate, I have never received child support and we haven’t heard or seen him in over 2 years.

James E Hensley Jr
James E Hensley Jr answered on Jul 29, 2018

In Arkansas you will need the consent of the bio dad. Since he has not been in the child’s life and if his absence is voluntary then the court would most-likely hold that his consent is being withheld unreasonably and your husband should be able to adopt.

Make sure your husband has no...
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1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Arkansas on
Q: Can my husband have his parent rights terminated after 7 years no contact or child support?

My husband has been served paperwork. His ex-girlfriend's husband wants to adopt his biological daughter. The paper work says that he was classified as abandonment because he has not spoken with his daughter or paid child support in over 7 years. He has tried to see his daughter many times... Read more »

James E Hensley Jr
James E Hensley Jr answered on Jul 20, 2018

Get a real lawyer. You should not have to wait 3 weeks. Your husband will have some trouble but the mother will have some real trouble saying dad abandoned the child.

Jim Hensley

1 Answer | Asked in Criminal Law for Arkansas on
Q: Received a drug paraphernalia citation in Arkansas 564-443. I live out of State. What are my options?
James E Hensley Jr
James E Hensley Jr answered on May 20, 2018

Get a lawyer right now. Depending on the charge you are looking at a lot of prison time. Don't talk to anyone who is not a lawyer either.

2 Answers | Asked in Domestic Violence for Arkansas on
Q: When det. interview me I said I didn't remember, so my ex wldnt get trble.Can I go bk 2 yrs later and re file charges ?

He was arrested at time but I didn't want him in trouble cause I was scared of him. Now I'm free and in therapy. Can I refile now that I'm strong enough to admit what he did?

James E Hensley Jr
James E Hensley Jr answered on May 13, 2018

Domestic Battery III has a one year statute of limitations so you probably can't go back two years. If the injury was bad enough, it could be a felony. Still, this is the paradox of domestic battery. The victim is unable to prosecute their abuser. I'm glad you are strong now though. Good for... Read more »

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1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Arkansas on
Q: In the state of Arkansas what is the law underneath the constitutional rights of driving with a driver's license suspens
James E Hensley Jr
James E Hensley Jr answered on Apr 14, 2018

There is no constitutional right to drive. Driving is a privilege. That means you have to do what it takes to have the license and follow the rules. If you driver's license is suspended, you may be able to get a permit to drive to work, school, medical, lawyer, etc. You will have to visit any... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: My boyfriend was charged with gun and drugs individually than together how much time could he actually do

A child brought marijuana to school which lead to the cops being called wherw they found marjiuana and a gun not on him but has his prints his ex girlfriend at the time has the same charges except for the felon with possession is hust possession either way she went to court ..he didnt he missed... Read more »

James E Hensley Jr
James E Hensley Jr answered on Mar 19, 2018

This charge is a Class Y Felony. This is the highest felony in Arkansas. Up to %15,000 in fines and 10 to 40 or life in prison. Typically, though, and depending on the charges, an offer of 10 years will usually be made by the prosecutor. A good lawyer might win the case. If not, a lawyer can... Read more »

1 Answer | Asked in Adoption, Child Custody and Child Support for Arkansas on
Q: Can a ncp agree to sign over rights and not have to pay back child support in Arkansas?

My youngest son's dad just spent 65 days in jail due to non payment of child support. Within a few days of him getting out he contacted a family friend and wanted to get ahold of me And asked if I agreed to drop all back child support he would sign over rights to my son. Is this possible and what... Read more »

James E Hensley Jr
James E Hensley Jr answered on Mar 19, 2018

This can be done with a single-parent adoption. It sounds odd but what you do is adopt your own child. This gets rid of the father and his rights. If the father will sign all the documents, we can get this done a few weeks. Fees are between $3ooo and $5ooo depending on what is needed.... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: If someone was to turn themselves in for probation violation with money in hand, can they avoid jail?

Failure to appear and a traffic ticket is the cause of probation. The person I'm asking for wants to get it all taken care of. They just got a good job and they want to pay all fines. They will loose their job if they end up spending jail time. How should they go about handling this? (ARKANSAS)

James E Hensley Jr
James E Hensley Jr answered on Mar 8, 2018

Really depends on the case and what county. What county is this case in?

1 Answer | Asked in Criminal Law, Federal Crimes and Traffic Tickets for Arkansas on
Q: Is unsafe driving in AR Is this a misdemeanor? Will I lose my license? I have had a clean record before this.

I have never been in trouble with the law before. The officer told me to just pay my fine and see afterwards if i could get it of my record. He marked it as a traffic offense but not a criminal offense. I am worried because I don't want to lose my job, license or anything. Can someone please help... Read more »

James E Hensley Jr
James E Hensley Jr answered on Mar 4, 2018

It's only a traffic offense. You will not lose your job or license. Go to court and ask the prosecutor to keep this off your record. If it is clean, you might have to pay a few bucks more on the fine but should be able to keep it off your record.

If the Court denies your request to keep...
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1 Answer | Asked in Family Law, Adoption and Child Custody for Arkansas on
Q: Ive been helping taking care of this little girl since she was 8 months at first it started with me just having her on

The weekends to help her mom out cause at the time she was a single parent and didnt really have that much support. Well through out the years i started keeping her more and more like during the week because mom was going through a hard time so i would buy her dieapers wipes food cloths you name if... Read more »

James E Hensley Jr
James E Hensley Jr answered on Feb 28, 2018

Very good with the facts you mentioned.

Jim Hensley

1 Answer | Asked in Criminal Law for Arkansas on
Q: What is an Act 3 hearing for a defendant accused in a capital felony murder in circuit court in Arkansas?
James E Hensley Jr
James E Hensley Jr answered on Feb 23, 2018

Act 3 refers to a mental evaluation to ensure the defendant is capable of two things:

1)Does he understand the charges against him; and

2) can he assist his attorney in his defense.

You can see that the standard is low. Most defendants are not insane. For the most part,...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: Do officers have to show you your arrest warrant and read you Miranda rights when arrested?
James E Hensley Jr
James E Hensley Jr answered on Feb 19, 2018

They should give you a copy of the warrant at some time. They do not have to Mirandize you.

2 Answers | Asked in Criminal Law for Arkansas on
Q: What is the process, and potential costs involved for a gubnatorial pardon on a non-violent crime?
James E Hensley Jr
James E Hensley Jr answered on Feb 19, 2018

What is the crime for which you were convicted? This matters because there are a few crimes which are not allowed to be sealed.

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1 Answer | Asked in Criminal Law and Insurance Defense for Arkansas on
Q: I was served summons paper to go to court for fraudulent insurance acts as a class d felony on a first offense what mean

Want to know what it means and do I have to go I am confused scared and nervous because I never been in such trouble in the state of Arkansas what are the odds and I am a certified nursing assistant I don’t want that in my records.

James E Hensley Jr
James E Hensley Jr answered on Feb 14, 2018

You need to hire an attorney right away. There are several on here. Look us up online for additional help.

1 Answer | Asked in Appeals / Appellate Law for Arkansas on
Q: how long does it generally take for the 8th circuit to grant right to appeal, not the appeal itself, but the right
James E Hensley Jr
James E Hensley Jr answered on Feb 14, 2018

The eighth circuit does not require the granting of certiorari or the granting of CERT. As such you have the opportunity to appeal to them directly without permission. I believe you have 30 days after the order is entered at the district level. This should not be taking as legal advice. If you... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: First offense 1st degree battery against husband. He's already assaultedme

How can i get out of jail time? I had a protection order on him

James E Hensley Jr
James E Hensley Jr answered on Feb 13, 2018

Hire the best lawyer you can afford. I can't give you my contact information but you could do a google search for jim Hensley lawyer in Conway ar.

1 Answer | Asked in Criminal Law and Domestic Violence for Arkansas on
Q: I filed an order of protection on my husband I July of 2017. The judge ordered it for 2 years.

I assaulted him and got 1st degree charges on me after he got 3rd degree charges for assault on me

I'm charged with stabbing him. This is my first offense. Will I go to jail

James E Hensley Jr
James E Hensley Jr answered on Feb 13, 2018

Jail is certainly a possibility. Be sure and get a good lawyer.

1 Answer | Asked in Criminal Law for Arkansas on
Q: What evidence can be used against you to be charged with sexual assault

Is a Written statement from the victim enough by her saying she was touched on her private

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

Although the alleged victim may very well write something down she will have to testify at a trial

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