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Questions Answered by James E Hensley Jr
1 Answer | Asked in Criminal Law for Arkansas on
Q: if my son is paroled to me what am I responsible for if he breaks parole.

Felony capital attempted murder. Violent history.

James E Hensley Jr
James E Hensley Jr
answered on Sep 23, 2017

You will not be liable for anything he does if your only obligation is to offer him a home to parole out to. With the violent history though, you might want to ensure he has come counseling, etc.

1 Answer | Asked in Criminal Law for Arkansas on
Q: My brother has a charge of Theft by Receiving in Little Rock.

He claims that they found a couple guns in the care when he was pulled over. They have set his bond @ $4500.00. Is this considered a felony charge?

James E Hensley Jr
James E Hensley Jr
answered on Sep 23, 2017

Misdemeanor bonds are usually under $2500. The fact that the items taken are guns is what makes this a felony. Most likely Class C or D Felonies. Unless your brother has a criminal history, the Prosecutor is likely to make him a probation offer. Usually 3 to 5 years of probation, fines, etc.... View More

1 Answer | Asked in Criminal Law and Lemon Law for Arkansas on
Q: Theft by receiving

I am the owner of a commercial painting company me and some of my 1099 subcontractors where in Arkansas and the police showed up to our hotel they asked me to step out they informed me they where investigating a theft I had no clue as to the incident they where referring to they asked to search the... View More

James E Hensley Jr
James E Hensley Jr
answered on Sep 16, 2017

Stop talking with the cops!!!

What city? You need to call an attorney right now.

1 Answer | Asked in Adoption and Child Custody for Arkansas on
Q: I travel for work and need new husband to be able to make legal decisions for my son. Can he be named a legal guardian?

I travel extensively for work and would like to know my new husband can take care of my son while I am gone (medical, school, etc). Can we name him as a legal guardian as well or do we have to do adoption proceedings for him to be able to make these decisions? Birth father not listed on certificate... View More

James E Hensley Jr
James E Hensley Jr
answered on Sep 12, 2017

There is nothing needed to get your child to school or for medical intervention. Adoption is an option but so is a power of attorney.

1 Answer | Asked in Criminal Law for Arkansas on
Q: If I had a record sealed 16 90 905 will be rights be restored?
James E Hensley Jr
James E Hensley Jr
answered on Sep 8, 2017

Right to vote probably. Right to carry a gun requires Governor pardon on the issue. Most criminal trial attorneys can file the correct documents for around $2500. Might try www.acic.org but you will be on your own. It takes a year to get through the system and if you fill out the papers... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: Let's say the police are on my property possibly performing surveillance my property is posted clearly to what extent

May I go to protect my property from said so-called police who have not yet identified themselves

James E Hensley Jr
James E Hensley Jr
answered on Sep 8, 2017

They can surveil your property at any time. There is no expectation of privacy. A sign does not do anything for you. You say "so-called" police. If they are the real police, they can bother you a lot. Wonder why they are looking at you? Maybe get an attorney to find out.

1 Answer | Asked in Criminal Law for Arkansas on
Q: In Arkansas do you have to allow both probation officer and police officers into your home for a routine home visit?

My probation officer says that Arkansas passed a law in which when she does her home visit she can bring a police officer and my home be searched. She doesn't need a reason or probable cause. But can just bring one on routine home visits. Is this true? Or can I make him wait outside and not... View More

James E Hensley Jr
James E Hensley Jr
answered on Sep 8, 2017

I took this issue to the Arkansas Supreme Court and lost. The parolee agreed to allowing the parole officer search him at home and in his car. The local police stopped him, searched him, found contraband, arrested him. I argued that the agreement did not allow the police to search without a... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: Does this law mean that a parolee and their property can be searched anytime based only on suspicion of neighbors?
James E Hensley Jr
James E Hensley Jr
answered on Sep 8, 2017

I took a similar issue to the Arkansas Supreme Court and lost. The parolee agreed to allowing the parole officer search him at home and in his car. The local police stopped him, searched him, found contraband, arrested him. I argued that the agreement did not allow the police to search without a... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: I signed for bail for my stepson. I knew better. He skipped out on the bail,so I ended up paying the $5000.00 BOND,

Several years later he has been arrested again and is now in custody. Having said all that ,my question is, , now that he is in custody do I have the right to have my money returned? Thank you for your time

James E Hensley Jr
James E Hensley Jr
answered on Sep 8, 2017

If you paid the bond through the court, you might have a chance; especially if the Court did not forfeit the bond and keep it. If you paid a bondsman, then there will be little chance of return if the bondman had to pay out.

1 Answer | Asked in Criminal Law for Arkansas on
Q: I had a threesome it was recorded and she started showing other people without my permission. What is the law
James E Hensley Jr
James E Hensley Jr
answered on Sep 8, 2017

Not sure you have a criminal issue. You might have to sue her civilly to obtain the tape and all copies. Short answer? Probably not much will happen. There are laws to prevent such behavior but few prosecutors will to much about it. I wish I had a better answer. If there was a minor on the... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Arkansas on
Q: What do I do about my fiancee ex, she keeps messaging from fake profiles and harassing us? I have proof its her too

We have blocked her many times over on our Facebook's, but she just creates more fake one's, this has been going on for almost ten months. I recently started saving the messages and we know its her because she has sent pictures to my fiancee, we just block her but we've told her to... View More

James E Hensley Jr
James E Hensley Jr
answered on Sep 8, 2017

File a police report then take that report to your local prosecutor. If they do not issue a warrant, then ask them to send the Ex a caution letter.

1 Answer | Asked in Criminal Law for Arkansas on
Q: What is the law for a stripsearch in arkansas county jails
James E Hensley Jr
James E Hensley Jr
answered on Sep 8, 2017

Typically, all searches are invasive if one is arrested and taken to jail. The reason is to ensure no contraband is allowed into the facility.

2 Answers | Asked in Criminal Law and Domestic Violence for Arkansas on
Q: Average sentence for battery in 2nd degree

No prior prison but 4 battery charges as misdemeanors in 20 yrs

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

Battery 2 is usually a felony. In Arkansas, depending on the alleged victim input, usually a probation offer from the State. You have to get the correct attorney also. Lots more we need to know to give you a better answer.

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1 Answer | Asked in Adoption, Family Law and Juvenile Law for Arkansas on
Q: If I'm 16 and pregant I'll be 17 before i have the baby. Could my mom make me give my baby away?
James E Hensley Jr
James E Hensley Jr
answered on Aug 9, 2017

No. It is your baby. If you are unable to care for the child, you may need some help. Help is available from many sources; i.e., church, father of the child, family members, etc. Your mother could get a guardianship over the child if you are unable to care for the child. Caring for the child... View More

2 Answers | Asked in Animal / Dog Law and Criminal Law for Arkansas on
Q: Is killing a K9 dog a felony and considered murder?

If purposely causing the death of a police K9 can you be charged with murder in Arkansas

James E Hensley Jr
James E Hensley Jr
answered on Sep 8, 2017

NO! Murder is the killing of a human by another human. Believe it or not, this question was on the bar exam twenty years ago. It's still on the bar exam because some lawyers don't know the definition of murder. The question usually involves a very smart monkey, dolphin, puppy, etc.... View More

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1 Answer | Asked in Adoption, Child Custody and Child Support for Arkansas on
Q: My grandchildren were removed by dcfs and place with us and my daughter gave us full custody can we adopt now

My daughter only wanted dcfs out of the way so she could still visit and her rights not be terminated

James E Hensley Jr
James E Hensley Jr
answered on Jun 29, 2017

Thank you for your inquiry. There are a few procedural issues we will need to consider but this is a good time to begin the adoption. Costs are around $4000. Let me know how I might help.

Jim Hensley

501.766.2770

1 Answer | Asked in Child Custody, Family Law, Appeals / Appellate Law and Probate for Arkansas on
Q: Can a grandparent granted temporary legal guardianship file for full legal guardianship with no contact of the mother

They did file numerous motions culminating in a legal guardianship being granted to the grandparents and without the court ever one time in the whole procedure seeing the mother in court and has send all paperwork to the wrong address knowingly so the mother would not be informed of the proceedings... View More

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

The guardianship laws in Arkansas have changed in the last few years. Terminating a guardianship is a lot easier now. Contact an Arkansas attorney to discuss. The law is now on the side of a parent who is fit to care for the child. If that parent consented to the guardianship, it helps also.... View More

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