Stanton, TX asked in Criminal Law for Arkansas

Q: my son had a felony charge against him he has three boys DHS came and took them his charges were dropped to a misdemeano

will the state of Arkansas return them to him without delay.

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1 Lawyer Answer
James E Hensley Jr
James E Hensley Jr
  • Criminal Law Lawyer
  • Conway, AR
  • Licensed in Arkansas

A: Typically when the charges are dropped to a misdemeanor DHS will return the children. With that said, it will depend on what that charge actually is. If it is sexual or violent in nature DHS could still keep the kids. There is so much more you need to know about having the children returned. DHS should have provided him an attorney. He should call that attorney. It is probably difficult to talk with his attorney. These attorneys are outstanding. They work very hard for their clients. They don't have time to discuss the case with family members but are pretty good at talking with their clients.

We will need to know about the natural mother and why she didn't receive the children. For that matter, why did DHS not place the children with you? Sometimes it's as simple as everyone living in the same household. Other times, there was some physical fight or other violence.

In any event, you exactly what your lawyer says to do. I'm glad you reached out. Other attorneys may have additional comment. I wish you well and hope those kids are returned right away.

Jim Hensley

Conway AR

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