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Questions Answered by Degen Clow
1 Answer | Asked in Criminal Law and Domestic Violence for Arkansas on
Q: Withdraw guilty plea

Domestic battery 3 charges while in jail pled guilty before knowledge of the charges and their meaning just turned 18

Degen Clow
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Degen Clow
answered on May 15, 2024

Generally, you have 30 days after you have entered a plea to show good cause for the court to let you withdraw the plea.

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can a person on misdemeanor probation be revocated if they are at an inpatient treatment facility?
Degen Clow
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Degen Clow
answered on Oct 24, 2023

Yes, if they fail to attend court or probation meetings, even if they are in treatment, the court can issue a Fail to Appear warrant or a Fail to Comply warrant if the court has not pre-proved the absence.

1 Answer | Asked in Criminal Law for Arkansas on
Q: If I got a citation for theft of property<=1,000 in Arkansas could i pay it before court? And is it actually 1,000
Degen Clow
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Degen Clow
answered on Oct 24, 2023

It completely depends on the court your alleged offence is in. I would contact a qualified criminal defense attorney in the area of the court and speak with them.

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can a drug charge be enhanced if I had no prior drug conviction in Arkansas

My charge was enhanced from simple possession to possession with intent to deliver and manufacturing with no prior drug charge is that legal for the prosecutor to enhance that charge in Arkansas

Degen Clow
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Degen Clow
answered on Jun 7, 2022

The short answer is yes, it can be enhanced based upon several different factors. Weight of the drugs, the way they are packaged, if there are scales or baggies present with the drugs, all of these can factor into an enhancement.

1 Answer | Asked in Criminal Law for Arkansas on
Q: are there any viable defenses on a certain persons charge
Degen Clow
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Degen Clow
answered on Jun 7, 2022

If you are asking about possession of firearms by certain persons, then yes, there are viable defenses. Knowledge of the firearm is required to be proved to sustain a conviction in these cases. So, if it is not reasonable that you knew or should have known the firearm was present, you may have a... View More

1 Answer | Asked in Traffic Tickets for Arkansas on
Q: I can get a ticket for fictitious plates even though I own both vehicles involved?

I’m put the plate from one vehicle that I own onto another vehicle that I own until I could get to the court house and get them transferred. I got stopped by a policeman and cited for fictitious tags.

Degen Clow
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Degen Clow
answered on Dec 31, 2021

Yes, the police can ticket you for this even if you are the owner of both vehicles. In Arkansas, tags are assigned to only one vehicle unless they are dealer tags.

1 Answer | Asked in Criminal Law and Traffic Tickets for Arkansas on
Q: I got pulled over and they found and empty unused syringe in my truck but my record is clean. What do I do??

I've never had a charge. My record is squeaky clean.

Degen Clow
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Degen Clow
answered on Dec 31, 2021

It sounds like you may have some good facts to fight your case with. You should visit with a defense attorney to get an assessment of your case and possible defenses.

2 Answers | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: Can a first time offender get a bond for class Y felony in court?

SIMULTANEOUS POSSESSION OF DRUGS AND FIREARMS

Degen Clow
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Degen Clow
answered on Dec 31, 2021

Yes, all crimes that are not capital offences are eligible for bonds in Arkansas.

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1 Answer | Asked in Criminal Law for Arkansas on
Q: I was convicted of a class d felony in 2014. I completed my probation & paid my fines.

I was told by my public defender that my record would be sealed after I completed my sentencing and I would get my gun rights back because my business(and only means of income) is duck hunting lodge. However I recently was in traffic stop and the officer informed me that my record still shows... View More

Degen Clow
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Degen Clow
answered on Dec 31, 2021

You should visit with a defense attorney about your case. Depending on how you were sentenced, you may still need to file certain motions and orders to have the charge removed from your record.

1 Answer | Asked in DUI / DWI and Car Accidents for Arkansas on
Q: i was arrested for leaving the sceen of an accedent , DWI, and refusing a breathalizer. the officer never seen me drivin

my wife got in the drvers seat and drove on to our house, we live about 100 yards from where the accedent took place. do i need an attourny.

Degen Clow
PREMIUM
Degen Clow
answered on Dec 31, 2021

Yes, you need an attorney. Proving you were in control of the vehicle is an essential element of a DWI case. You should visit with a defense attorney about your case.

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
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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... View 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
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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
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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... View 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
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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... View 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
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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
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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
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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... View 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
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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
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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
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Degen Clow
answered on Mar 18, 2017

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

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