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Questions Answered by Adam Joseph Childers
1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: How many years to you get for capital murder and aggrevated assault?

Has very long track record of assault,driving without license, failure to appear,marijuana, resisting arrest, assault on officer,obstructing government docs,and fleeing

Adam Joseph Childers
Adam Joseph Childers answered on Oct 30, 2017

Capital murder is the big one. It's most likely that if he is guilty of capital murder the he is looking at either death or life without parole

1 Answer | Asked in Traffic Tickets for Arkansas on
Q: I am a class A cdl holder. My record is spotless. I got a speeding ticket today. 67 in a 55 should I fight it?
Adam Joseph Childers
Adam Joseph Childers answered on Oct 30, 2017

I would if I was in your position. There are number of things that can happen, the prosecutor can reduce the charge or work something out. Does not hurt to fight the ticket.

1 Answer | Asked in Criminal Law for Arkansas on
Q: What my husband was just charged with felon in possession of a firearm. He was charged with a felony in 2010. Charges?

He was charged with a felony in 2010 and has not had any more trouble since then. He also has an alcohol problem can he get rehab?

Adam Joseph Childers
Adam Joseph Childers answered on Oct 27, 2017

I assume you are asking if he can get rehab instead of probation, suspended time, or jail time. It will all depend on your husbands criminal history and negotiations with the prosecuting attorney's office. But, it can be a part of an offer that the prosecution makes in your husbands case.

1 Answer | Asked in Domestic Violence for Arkansas on
Q: my husband is facing domestic battery 3rd degree and we are trying to find out what he is facing this is his first time

going to jail now he did get a ticket last summer over having a conflict with a boy over his daughter which he paid the ticket we are in Arkansas and it was ageist our son . are son pushed his dad and his dad grab him and pushed him to the kitchen sink which that's where it started at and the cops... Read more »

Adam Joseph Childers
Adam Joseph Childers answered on Oct 10, 2017

A domestic battery 3rd degree charge is a Misdameanor meaning there is a possibility of up to 1 year in jail and a fine of up $2,500. That does not mean that he will go to jail for a year, but it is a possiblity.

1 Answer | Asked in Criminal Law for Arkansas on
Q: I am wanting to know arkansas law on owning/having a gun safe if my spouse is a felon.

He is NOT on parole. I understand he's a felon but I'm not. I'm curious to know if a gun safe would suffice if I do decide to purchase a weapon. I haven't been able to find any info. I'm wanting to get my conceal carry permit so I'm just wanting to check the legality of him being around me with a... Read more »

Adam Joseph Childers
Adam Joseph Childers answered on Oct 10, 2017

If your spouse is a felon then he/she cannot have a weapon in the home. He/she could easily be charged with a PFBCP if the parole officer comes to do a check/search at the home. If your spouse has any questions then he/she should direct them to the parole officer.

1 Answer | Asked in Criminal Law for Arkansas on
Q: In the state of Arkansas, do they have to tell you, or post somewhere that you have been trespassed from their business?

My son is in jail because they issued three warrants for criminal trespassing against him. He was never told or anything was never posted telling him this. The police said they don't have to inform you of it. Then how is it fair, if you didn't know?

Adam Joseph Childers
Adam Joseph Childers answered on Sep 28, 2017

They do not have to inform you that there are arrest warrants out for an individual. Typically, most people find out about warrants when they get pulled over for a traffic violation. It is unfortunate.

1 Answer | Asked in Criminal Law for Arkansas on
Q: I'm charged with 2nd and 3rd degree battery,I was arrested and made bail. What am I facing?

Someone threatened me and then I slapped them and then someone pushed me into a room not letting me out so I hit them and got another charge for that. And then was attacked after the fact by another party. Can I get out of this charge and what am I facing?

Adam Joseph Childers
Adam Joseph Childers answered on Sep 21, 2017

The facts are Interesting but you are looking at possible serious prison time with a second degree battery charge and should contact an attorney. Tote criminal history and previous arrests will be considered by the prosecution.

1 Answer | Asked in Criminal Law for Arkansas on
Q: What are my options concerning my special needs daughter who was sexually assaulted in her classroom?

My then, 16 yo special needs daughter was sexually assaulted in May 2107 by an 18 y.o classmate in her classroom of the public school she attended. In lieu of mandated reporting, the Teacher called her a liar and instructed me to immediately come pick her up from school via "the back door"..."don't... Read more »

Adam Joseph Childers
Adam Joseph Childers answered on Sep 20, 2017

You will want to call an attorney and discuss your options. If what you allege is true then the school district should hopefully have investigated or the ASP should have investigated and made some determination.

1 Answer | Asked in Criminal Law for Arkansas on
Q: My boyfriend was arrested for theft by receiving. With extuating circumstances. What will happen to him

My boyfriend's Nephew came by the house to borrow his Uncle's truck, his Nephew left his car. His Uncle asked his Nephew if he could use his car to go to the store. The Nephew told him yes,in the process of going to the store the Uncle was involved in car accident.when the police arrived they ran a... Read more »

Adam Joseph Childers
Adam Joseph Childers answered on Sep 14, 2017

If you were a witness to these events then you will want to talk to a defense attorney about this. Thor boyfriend will be given a court date and you will want an attorney to fight the charges.

1 Answer | Asked in Criminal Law for Arkansas on
Q: How can someone be charged with Assault on a family or household member 3rd degree if the person that supposedly was

Assaulted and the person being accused of assaulting aren't related or live together?

Adam Joseph Childers
Adam Joseph Childers answered on Sep 14, 2017

It sounds like the charge might have been either a clerical error or the officer made a mistake. Nonetheless, the prosecutor can easily amend the charge to the correct one at a later date.

1 Answer | Asked in Criminal Law for Missouri on
Q: Felony assault charge 12 years ago. Is there a chance to ever get this expunged from my record or sealed

The felony charge was in Missouri

Adam Joseph Childers
Adam Joseph Childers answered on Sep 13, 2017

Yes, you need to petition to seal the record and allow the prosecutor to look over it to see if they have any objections. Due to the length of time since the conviction hopefully there would not be an issue. You would not need any other criminal convictions on your record in order to get a... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Arkansas on
Q: my fiancee has a protection order against her ex boyfriend because he used to beat her, and he knowingly comes by her

He purposely comes by her and we have reported when he made a threat several times and law enforcement nor the court will do anything...she is scared daily because she believes she will get hurt or end up dead because law enforcement refuses to take any action...what can we do to put an end to this... Read more »

Adam Joseph Childers
Adam Joseph Childers answered on Sep 10, 2017

if she has an order of protection you will want to file a police report after the next contact by the ex-boyfriend. Have evidence of the contact, i.e. text message or email, and then take the evidence and police report to the Prosecuting Attorney's Office to have them look at filing charges for... Read more »

1 Answer | Asked in Traffic Tickets for Arkansas on
Q: If i have a suspended license. Is it illegal for me to ride a 24 volt electric scooter?

I have a suspended license, so i got a 24 volt electric scooter. I got stopped and got a driving on suspended license ticket. I dont think im required to have a license to ride it but the cop said, if my license is suspended, i cant ride it.

Adam Joseph Childers
Adam Joseph Childers answered on Sep 3, 2017

There are certain laws and regs that I would need to look at in order to determine whether your electric Scooter would require a license, my gut says yes. But, I think your best opportunity to get rid of this ticket or to try to downgrade it to some other small non-moving violation would be... Read more »

1 Answer | Asked in DUI / DWI and Traffic Tickets for Arkansas on
Q: 2011 chrd with DWI & mid 11 w/driving susp lic in order to get CDL back does the courts release once fines tickets r pd

I received charges in the state of Ar. And I had to redo my CDL test, took drivers class, etc. Also does your driving record show if there r no citations, fines, and tickets paid?

Adam Joseph Childers
Adam Joseph Childers answered on Aug 12, 2017

I'm don't understand what you mean by does your driving record show there are no citations. But driver control should be able to answer your questions about your record being released or getting your license back.

1 Answer | Asked in Traffic Tickets for Arkansas on
Q: § 27-51-104 - Careless and prohibited driving. can i be charged $265?
Adam Joseph Childers
Adam Joseph Childers answered on Aug 12, 2017

With fines and court costs you can be charged more than $265.00. It depends on the court and the judge as to what your fine will be for careless. Best bet is to negotiate it with the prosecutor if possible.

1 Answer | Asked in Criminal Law for Arkansas on
Q: I found an abandoned diaper bag in a shopping cart outside walmart. Now I am charged with theft of property.
Adam Joseph Childers
Adam Joseph Childers answered on Aug 12, 2017

Walmart has cameras all over their facilities. If what you're saying is true then you need an attorney to get that video for you to prove your innocence.

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

Adam Joseph Childers
Adam Joseph Childers answered on Aug 4, 2017

Purposefully killing a Law Enforcement K9 is considered a Class D felony under Arkansas Code 5-54-126.

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1 Answer | Asked in Traffic Tickets for Arkansas on
Q: Can I temporarily put my old non expired tags on my new vehicle legally without getting a ticket for suspicious tags

Rumor has it that I can for 30days as long as tags are in my name

Adam Joseph Childers
Adam Joseph Childers answered on Aug 2, 2017

If you do not have temporary tags from an authorized dealer then you will want to call the DFA and inquiry about getting a temporary tag. If you ride around with your old tags and an officer pulls you over they will immediately be able to determine that your tags go to another vehicle and will get... Read more »

1 Answer | Asked in Traffic Tickets for Arkansas on
Q: Is jail time mandatory for a reckless driving ticket in arkansas?

My fiance was in a hit and run accident, the other driver never stopped. Our car is totaled and the officer that arrived on the scene gave him a citation for reckless driving. He's never had more than a speeding ticket. Will he have to go to jail or is it likely that he'll just pay a fine, no... Read more »

Adam Joseph Childers
Adam Joseph Childers answered on Aug 1, 2017

Reckless driving carries a mandatory 5 day jail sentence. Without knowing specifics of your fiances case I cannot give you more answers as to why he was charged with reckless driving. Typically that charge can be negotiated down.

1 Answer | Asked in Criminal Law for Arkansas on
Q: Is it legal to conceal carry a baton in the state of Arkansas?

The baton can telescope.

Adam Joseph Childers
Adam Joseph Childers answered on Aug 1, 2017

If you were stopped and searched by law enforcement and had the baton on you they would likely charge you with violation of Arkansas Code 5-73-120 carrying a weapon, class A Misdemeanor. The baton would likely be considered a club under the statute. If it's in your vicinity and not on your persons... Read more »

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