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Questions Answered by James E Hensley Jr
1 Answer | Asked in Criminal Law for Arkansas on
Q: Yes can I get some advise from you I was pulled over back in July with a firearm 2 grams of weed and 1 Xanax pill
James E Hensley Jr
James E Hensley Jr
answered on Feb 10, 2018

Yes. You have to look me up on the Internet. I cannot give you my phone number through this website

1 Answer | Asked in Adoption and Child Custody for Arkansas on
Q: Can my ex legal become my son's father without me having to marry him?

My son is 10 years old. His biological has never been in the picture. When my son was 8 month's I met a man that adored him. Even though we are not together now he has been helping me with my son, takes him to school, spends weekends with him, everything a father should do. We were better as... View More

James E Hensley Jr
James E Hensley Jr
answered on Feb 10, 2018

It is nice that you are considering your son's well-being over your self-interest. Lawyers don't see that too often. You have a couple options. The best is to have this man adopt your son. We will need to locate the biological father to sign off on the adoption. There are other... View More

1 Answer | Asked in Domestic Violence and Family Law for Arkansas on
Q: I filed a domestic report on my bf and my parents said if I stayed with him, they would take my son from me, can they?

I am living wit my parents and they also said they would kick me out and take my son. I plan on moving in with my boyfriend sometime soon though.

James E Hensley Jr
James E Hensley Jr
answered on Jan 10, 2018

It is possible that your parents will file a guardianship petition. With the facts you mention they have a pretty good chance at taking your child.

1 Answer | Asked in Criminal Law and Domestic Violence for Arkansas on
Q: Can someone who files a no contact order still continue to contact the person the order is filed against?

Is there a duality to the law? Meaning, do the laws of a no contract apply equally to both parties?

James E Hensley Jr
James E Hensley Jr
answered on Jan 10, 2018

There's is no duality in Arkansas. The person who files the OP may contact the person who was filed on. I would not talk to them though.

1 Answer | Asked in Criminal Law for Arkansas on
Q: My ex husband was charged with DB3 a year ago.4 days ago he done it to me again.Can I still charge him?

Well are divorced. I had a 90 day restraining order on him. After it was over he said he'd changed and like to try again so we did.Well 4 days ago,we were being intimate and he put in a position to where I couldn't breathe. I kept saying "Stop.I can't breathe " but then he... View More

James E Hensley Jr
James E Hensley Jr
answered on Dec 26, 2017

Thanks for reaching out. Abuse is a difficult thing to deal with. At least you are doing something about it. So often, people tolerate ill treatment. The short answer to your question is yes. You need to contact the Prosecutor in your area. A city attorney or the prosecutor in the circuit... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Arkansas on
Q: My ex lIves in Texas and I live here in Arkansas, I have a two month old baby who was born here in this state. Now he

Wants to take my son away from me and take him to Texas with him, I want to stop answering his messages but he says I could get in trouble if I do, is that true,? What can I do to keep him away from us,? My son has my last name, I left him because he treat me bad during my pregnancy until I left... View More

James E Hensley Jr
James E Hensley Jr
answered on Dec 26, 2017

It's always complicated when you are being mistreated by the man who should love you and the baby with no conditions. I can only answer some of your questions because the answer depends on a lot of things. Let's see if we can help a bit.

If the child has lived in Arkansas for...
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1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: we are trying to get our neice from lawrence co. dhs and they refuse to return our calls. we have filled out the papers.

She was placed in the walnut ridge childrens home when her dad went to jail,( her mom doe's not have legal custody of her either) we went to lawrence co. dhs & filled out the paperwork. They will not return our call's and we called the children's home, they told us she is no... View More

James E Hensley Jr
James E Hensley Jr
answered on Dec 19, 2017

It is certainly time for an attorney. You should expect fees between $4500 and $6000. And realize that once DHS has a case, they sort of rule the case. That means they will make recommendations to the Court and the Court usually goes along with it. That being said, you can petition the Court to... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: I got a drug paraphernalia charge for a marijuana grinder and papers the officer found in my room i plead not guilty

The officer gave my stepdad a paper to sign to search the house but he has no affiliation with the residence besides staying there he's not married or anything. What should I say at court tomorrow? I've never been in trouble before I'm 19

James E Hensley Jr
James E Hensley Jr
answered on Dec 18, 2017

Plead not guilty and get a lawyer.

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Arkansas on
Q: If a parolee is obtained for new charges and can bond out, but has a hold for absconding and cant bond out. Whats Why??

Been obtained for 5 days now and still yet haven't heard from parole/probation officer or gotten any thing on paper about why parolee is being held on the absconding or to have a hearing . No one will tell the parolee if its possible to bail out, or have a hearing, or even speak with parole... View More

James E Hensley Jr
James E Hensley Jr
answered on Dec 18, 2017

There is not enough information to tell you everything but generally, once a parole reoffends, the PO will revoke his probation and keep him in jail. The parolee now has the new charges and then the revocation. If the new charges are not too bad, the PO will keep him in jail for a month maybe... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: Arkansas was convicted of assault on a family member 3rd, never informed that I lost gun rights, did I loose them
James E Hensley Jr
James E Hensley Jr
answered on Dec 17, 2017

This charge by itself would not necessarily be the reason to lose your gun rights. Depending on the facts and if there was an order of protection you would not have lost your gun rights. And even if you did, there may be a way to remove (expunge or seal) the record. Get with a criminal lawyer.... View More

1 Answer | Asked in Domestic Violence for Arkansas on
Q: If I am getting text messages from an estranged son that he will kill his father or brothers how do I get help

He needs mental evaluation and refuses he is 29 years old

James E Hensley Jr
James E Hensley Jr
answered on Dec 13, 2017

Call the prosecuting attorney or the police

1 Answer | Asked in Domestic Violence for Arkansas on
Q: Order of protection on someone

Me getting a text from a girl saying my ex wants to know if he can see our kid. Is that considered contacting me through someone else?

James E Hensley Jr
James E Hensley Jr
answered on Dec 11, 2017

YES! A very big yes. It is a violation of the protection order. You can contact the prosecuting attorney and let them know he is violating the order. He will probably be arrested for violating the order. Most of these cases wind up in divorce or paternity court. Depending on your child's... View More

1 Answer | Asked in Criminal Law and Military Law for Arkansas on
Q: My violation is 5–23-308... Can I still serve in the Guard? Or purchase a firearm?

Currently still serving in the national guard. As far as JAG and what I’ve found it’s a toss up on whether I can stay in or not.

James E Hensley Jr
James E Hensley Jr
answered on Dec 1, 2017

You should be able to stay in the military. This is almost the lowest misdemeanor in Arkansas. You should be able to clear your record though depending on how long ago this charge was put on your record. I think you should contact an attorney and talk about this. Jim Hensley. Conway AR

1 Answer | Asked in Domestic Violence for Arkansas on
Q: I just got bailed out after my partner and i both got domestice violence charges we dont want to press charges

We dont want to press charges against eachother and our court date is on the 19th will we both be going to jail?

James E Hensley Jr
James E Hensley Jr
answered on Nov 26, 2017

You need a lawyer to keep out of jail. Lots to know here. I can help

1 Answer | Asked in Family Law, Adoption and Child Custody for Arkansas on
Q: For child abandonment do you have to file for terminated rights or is it automatic when they have no contact or support

My sons 3, his bio dad hasn't seen him since he was 3 months old, he's not on birth certificate and hadn't established paternity, my significant other wants to adopt him, but we're not married yet but plan to be, do I need to terminate rights or have they already been... View More

James E Hensley Jr
James E Hensley Jr
answered on Nov 26, 2017

You have to file adoption papers. You do not have to be married. You can adopt the children yourselves. Or you can have your significant other adopt them. Expect total costs to be around $4000 to $5000 if you can't find the bio dad. $4000 if he will consent.

1 Answer | Asked in Criminal Law, Traffic Tickets, Car Accidents and Insurance Defense for Arkansas on
Q: i stopped at a stop sign until all was clear for me to turn. i was struck my a motorist going over twice the speed limit

the motorist had a brand new crotch rocket motorcycle and estimated speed was over 2 times the posted speed limit as he shot around the sharp curve and hit me. it is all on video as well and with many witnesses. he had no insurance and my car is broken. what should i do?

James E Hensley Jr
James E Hensley Jr
answered on Nov 22, 2017

If you have insurance you can make a claim. If you do not want to do that you should seek a lawyer. Joe Denton is one of the best. 501.358.4999

1 Answer | Asked in Child Support, Domestic Violence and Family Law for Arkansas on
Q: If I apply for services to receive child support, will the father be made aware of our home address?

He became abusive and threatened me after I found out I was pregnant. When I left, he told me that he wanted nothing to do with the baby but if I ever filed for child support, he would come after me and take our son. Son is now 3 years old, and I could really use the help as I'm going to... View More

James E Hensley Jr
James E Hensley Jr
answered on Nov 4, 2017

Call the Office of Child Support Enforcement in the County where you live. Tell them your concerns. They will help you. Realize though that if you start collecting support he is entitled to visit the child. You might cause yourself a lot of trouble. In some states, you can terminate his rights... View More

3 Answers | Asked in Criminal Law and Military Law for Arkansas on
Q: Class C felony forgery keeping me from enlistment of military

When I was 19 I got convicted for class C felony for forgery and the state of Arkansas is the one that picked up the charges when the owner dropped the charges. I was in the National Guard at the time and the guard said they couldn't do anything about it it has now been six years later and... View More

James E Hensley Jr
James E Hensley Jr
answered on Sep 30, 2017

Depending on your age now, the Court where the case occurred, and the particulars, it looks like you can have your charges expunged. It is very unlikely you will be able to have the charges reduced. Just get them expunged. We do it all the time. Costs vary from $1500 to $3000. Once the... View More

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