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Questions Answered by Degen Clow
1 Answer | Asked in Criminal Law for Arkansas on
Q: My son was arrested and booked under wrong name at no fault of his... In Arkansas can we get charges dropped because of

He's charged with 3 misdemeanor if that matters any

Degen Clow
Degen Clow answered on Sep 2, 2021

It is specific to the facts of his case. If the officers intended to arrest him and subsequently input the wrong information into the booking system, that will not be enough to get the charges dismissed by itself. However, if he was the wrong person and should never have been arrested, then... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: Is it a crime to drive with loaded guns without a permit
Degen Clow
Degen Clow answered on Sep 2, 2021

The Attorney General has provided a position statement regarding caring firearms in Arkansas. I have attached the link: https://arkansasag.gov/wp-content/uploads/2015-064-1.pdf

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1 Answer | Asked in Criminal Law for Arkansas on
Q: If I was caught with 56 grams of meth but none of the factors for purpose to deliver can they still charge me with it
Degen Clow
Degen Clow answered on Sep 2, 2021

You can always be charged, but whether the state can meet the factors required to convict you of possession with purpose is a different story. The statute contains very specific factors and their is a lot of case law that governs this area of the law. An experienced criminal defense attorney can... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: How long before I can get a real job with a theft of property with a felony charge I believe its a C felony?

I worked in a daycare passed a background and also am now working with a retailer that also did a background but now im looking at a better opportunity but I was curious if this charge could get in my way?

Degen Clow
Degen Clow answered on Sep 2, 2021

If you have completed all the terms of your sentence (done with probation, paid all fines, etc...) then you have the ability to seal the charge so it will not show up and hurt your job opportunities. You should talk with an experienced Criminal Defense Attorney and they can evaluate your ability... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: What is the likely hood of doing prison time for a 2nd degree battery and being a 1St time offender
Degen Clow
Degen Clow answered on Sep 2, 2021

This ultimately depends on the facts of the case, the court you are in and the prosecutor handling the case. However, in general, with the help of a good lawyer you should be able to avoid doing prison time.

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: Is OBSTRUCT GOVERNMENT OPERATIONS a felony or a misdemeanor in Arkansas
Degen Clow
Degen Clow answered on Jan 7, 2020

In Arkansas, Obstruction of Governmental Operations is a misdemeanor.

1 Answer | Asked in Civil Litigation, Criminal Law and Small Claims for Arkansas on
Q: I have a family member that has a warrant out for their arrest for a Class A theft misdemeanor in Arkansas of $199.65

What is the possible penalty they may face and they currently do not have a record and have never been arrested. This will be their first offense.

Degen Clow
Degen Clow answered on Jan 7, 2020

This is an A - Misdemeanor, the penalty range is up to 1 year in county jail and up to a $2,500 fine. Because they are a first offender, their are several ways to handle this type of case to try to keep it off their record and help avoid any jail time. You should consult with a criminal defense... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: Will i be convicted if im a felon who was holding a gun for someone that ended up being stolen
Degen Clow
Degen Clow answered on Apr 1, 2019

You can not possess a firearm if you are a felon, even if it is not yours and you are just holding it for someone.

1 Answer | Asked in Criminal Law and Juvenile Law for Arkansas on
Q: Can you have a fine for loitering?
Degen Clow
Degen Clow answered on Mar 18, 2017

Yes, it is a criminal offence.

1 Answer | Asked in Criminal Law for Arkansas on
Q: First time offender delivery .5 grams meth. Does first time offenders act apply?
Degen Clow
Degen Clow answered on Mar 18, 2017

Yes, you are eligible for act 346 (the first offenders act).

1 Answer | Asked in Criminal Law for Arkansas on
Q: I sold cigarettes to a minor for the first time & I was being tested on. What are my penalties & charges?
Degen Clow
Degen Clow answered on Mar 18, 2017

The penalty strictly depends on the court you are in. A good criminal defense attorney will be able to help you with this issue.

1 Answer | Asked in Traffic Tickets for Arkansas on
Q: My husband wants to buy me a golfcart to drive around town, is it legal to drive it in town?
Degen Clow
Degen Clow answered on Mar 18, 2017

No, unless you live in a private golfing community with special rules about golf carts on the private roads.

1 Answer | Asked in Traffic Tickets for Arkansas on
Q: Can someone (over the age of 21) receive a citation in the State of Arkansas (specifically Sherwood, AR) for talking on

a cellphone while stopped at a traffic device? (There were no other citations written up except for not using a hands free device. Thank you for your response.

Degen Clow
Degen Clow answered on Mar 18, 2017

Yes, you can be cited for that infraction in Sherwood. However, getting a good attorney can help you beat the ticket or at least keep it off your record.

1 Answer | Asked in Traffic Tickets for Arkansas on
Q: I have a case over a FTA on reckless driving and 2 driving on suspended tickets.I just was picked up on a warrant

I was pulled over and had a warrant for reckless driving and driving on suspended i was just released today on bond.It was my first offense on FTA or ever going to jail but i do have a court date for missing community service on a driving on suspended license about a year ago.but that's in a... Read more »

Degen Clow
Degen Clow answered on Mar 18, 2017

A lawyer is money well spent, they may be able to help keep the infractions off of your record.

1 Answer | Asked in Traffic Tickets for Arkansas on
Q: I am a cdl driver I was making a right turn and a cycle ran underneath my trailer. I got a lane ticket should I fight it
Degen Clow
Degen Clow answered on Mar 18, 2017

Yes, you should fight the ticket. You want to keep the ticket off your record so you do not get points on your CDL.

2 Answers | Asked in Car Accidents, Insurance Defense and Traffic Tickets for Arkansas on
Q: Can I get a ticket 2 months later after an accident. I found out my insurance had lapsed at the time of accident

The other party is threatening to have his cop buddies write me a ticket since they found out my insurance was lapsed and take me to court to pay his fees. I thought I had insurance. It was all on private property in a parking lot and no one got a ticket. He was cutting through the parking spaces... Read more »

Degen Clow
Degen Clow answered on Mar 18, 2017

It is not likely that you will receive a ticket that far after the event.

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1 Answer | Asked in Criminal Law for Arkansas on
Q: I'm in Arkansas and the truck is in my name Cops said they chased it down bc my son didn't have dl when they get to it

Nobody was in it and it was left in woods on private property they impound it and tell me I can't pay to get it out bc hold on it till my son sees them I will not be able to afford the fees.of storage alone if they keep it much longer and there was no wreck or risk involved and I have a clean... Read more »

Degen Clow
Degen Clow answered on Apr 29, 2016

You need to contact a local criminal defense attorney and speak about the specific facts.

1 Answer | Asked in Juvenile Law and Criminal Law for Arkansas on
Q: If a 18 year old beats up a 17 yr old for being rude and the 17 yr old does NOT swing first can he (17) press charges?

The 17 year old doesn't fight back either.

Degen Clow
Degen Clow answered on Apr 29, 2016

Only the state can pursue charges. It will be up to the prosecutor's office as to whether or not charges will be pursued.

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: What can I do about a ride along that was impersonating to be a officer sexually harrised and questioning me?

A state police officer pulled me and my boyfriend over and I was pulled out of my car and questioned and sexually harassed by who I assumed was a police but was a ride along. Since every state police has to video every stop that video could prove what happened the embarrassment and humiliation the... Read more »

Degen Clow
Degen Clow answered on Apr 19, 2016

You need to speak with a criminal defense attorney asap.

1 Answer | Asked in Criminal Law for Arkansas on
Q: When being arrested can the police with hold why your under arrest and doesn't read miranda rights while putting

Handcuffs on you instead you know nothing about why u being arrested and they take you to thier office and then tell you then read you your mirandas

Degen Clow
Degen Clow answered on Apr 19, 2016

Miranda only deals with statements given to law enforcement while you are "arrested," the remedy for a violation is simply suppression. However, it does not sound like any violation occurred here.

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