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Arkansas Criminal Law Questions & Answers
0 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Arkansas on
Q: Can you sue the police for planting evidence in your house in 2016 ,if you have a witness to everything that happened ?

How long do you have to sue the Sheriff and cops that planted evidence in your home ? My probation officer was witness to everything they did. He told my lawyer knowing he would lose his job but my lawyer said there was plenty of time for him to sign the affidavit . My PO was hurt and had to have... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: My 18 yo son received a citation for contributing to the delinquency of a minor.

He had a get together at his dad's house, the police showed up and told him that a 14 yo was being pulled over and fled the police causing him to crash . He told the police he had left my son's party. My son did not invite nor he knows the kid, which he explained to the police. The... Read more »

Richard Lane Hughes
Richard Lane Hughes
answered on Mar 25, 2023

It is clearly possible based upon your statement. Citizens are often shocked when they are affected by the powers of the police and prosecutors. Remember when you vote that the prosecutor has the discretion and makes the decision to charge a person with a crime.

Many potentially...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: If you are searched by a cop that says dispatch told him I had a search waiver but later says he found out I don’t .

I was stopped driving and the cop is looking for someone walking. He runs my license and thought dispatch told him I had a search waiver. Later he states in the report he found out there wasn’t a search waiver .Is that grounds to throw the case out ?

Richard Lane Hughes
Richard Lane Hughes
answered on Mar 25, 2023

This is the type of thing that courts have routinely found to be good faith errors and thus not prejudicial or subject to exclusionary rules based, in part, upon the rationale of US v. Leon. Each case though, is fact specific. There may be additional facts in your situation that might prove... Read more »

0 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Arkansas on
Q: My rights against Double Jeopardy has and still are being violated what can I do about it

I was granted executive clemency because of the double jeopardy violation but they still got me on parole for 62 more years on the same Double Jeopardy violation, and against the law at the time of the executive clemency proclamation being granted.

1 Answer | Asked in Criminal Law and Libel & Slander for Arkansas on
Q: Can i press charges against an adult if they come to my workplace and threaten to assault me along with their children?

I'm a manager a fast-food establishment and i sent an employee home. That employee then calls her mother to the restaurant and proceeds to threaten me along with other family members. They threw drinks and metal rods at me, called me everything but a Child of God.

Richard Lane Hughes
Richard Lane Hughes
answered on Mar 20, 2023

You can, and probably should, report the incident to the police and your local prosecuting attorney. The prosecutor has the discretion and duty to determine if the offending persons will be charged with violating the law based upon the facts that you provide along with any facts the police gather... Read more »

0 Answers | Asked in Criminal Law for Arkansas on
Q: is it legal for felonies that were dropped to misdeanors to be brought back to felonies without any new charges?

My husband was charged with poss of meth & poss of paraphenalia, they were both dropped to misdeanors then without any changes to the case they were brought back as felonies. is that legal?

0 Answers | Asked in Criminal Law for Arkansas on
Q: is it legal for felonies that were dropped to misdeanors to be brought back to felonies without any new charges?

My husband was charged with poss of meth & poss of paraphenalia, they were both dropped to misdeanors then without any changes to the case they were brought back as felonies. is that legal?

0 Answers | Asked in Criminal Law and Civil Rights for Arkansas on
Q: Can I be arrested for dis. condct for tellin cop hes an a-hole and a pos? (I id'd myself, had no warrant, still detained

On February 28 2023 at approximately 6pm I was traveling home from work on buford road when my truck broke down. I made contact with the homeowner whose driveway I pulled into. Informed her that I was having car trouble, I had called a ride, and I would be gone as soon as possible. She said that... Read more »

0 Answers | Asked in Criminal Law for Arkansas on
Q: currently incarcerated in Arkansas and serving sentence for a felony crime. how do I go about obtaining the case records

I wish to file an appeal. I am requesting legal advice and representation.

1 Answer | Asked in Criminal Law for Arkansas on
Q: I live in AR, ive never been in trouble, in oct i was arreated for class c felony poss less than two grams of fentanyl

it was 10$ worth, i immediately got clean, went thru med detox, got in a research treatment prgm, in therapy and NA meetings, got a job giving back to the community at a local non profit, im a single mom of 3, my youngest has special needs and no one knows how to handle him but me, i know that the... Read more »

Richard Lane Hughes
Richard Lane Hughes
answered on Feb 21, 2023

You mention "alternative sentencing." You would likely be a candidate for drug court where, upon successful completion of a prescribed program you do not have a conviction. Given your occupation, it is very important that you not get a felony conviction. I suggest that you get an... Read more »

2 Answers | Asked in Criminal Law, Civil Rights, Communications Law and Constitutional Law for Arkansas on
Q: FOIA sent to dispatch for an arrest pertaining to me They redacted some of the info I need the full copy How do I get it

there is absolutely no information on the FOIA I requested, all was redacted. I was arrested, held for 7 days, did not see a judge, no bail was made, and no charges brought against me. I was in holding for 4 days with up to 36 other women in a cell. We asked for grievances. They never... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 2, 2023

FOIA sent to dispatch for an arrest pertaining to me They redacted some of the info I need the full copy How do I get it

there is absolutely no information on the FOIA I requested, all was redacted. I was arrested, held for 7 days, did not see a judge, no bail was made, and no charges...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: I was recently put on probation for a period of five years. Is there anything I can do if i feel that's unfair?
Richard Lane Hughes
Richard Lane Hughes
answered on Oct 19, 2022

If you were convicted after a trial, you have a right to appeal to a higher court. The time within which you must file your appeal is very limited. In most state courts in Arkansas you have 30 days to appeal. A Federal appeal must be filed within 14 days. In either case your time begins with the... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Hello, I'm on Parole and go Flat in November. I've recently been arrested on a Felony FTA for charges from 2022.

was put on a bracelet upon release and have a revocation hearing scheduled tomorrow. Do I have any rights

Richard Lane Hughes
Richard Lane Hughes
answered on Oct 18, 2022

You do have a rights. In Arkansas you have a what might be called "minimal" due process rights that include a right to notice of charges against you and a meaningful hearing before a judge or hearing officer to determine if you are guilty of violating the conditions of your parole. You... Read more »

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