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Questions Answered by James E Hensley Jr
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... 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... 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.... 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...
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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 »

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... 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.... 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... 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... 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... 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...
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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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