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Arkansas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: Charged with possession of controlled substance, suspect targeting, how to fight?

I was charged with possession of a controlled substance for more than 4 ounces, but I only had 0.5 grams. The police had no reason to search my car, and I did not consent to the search. There was one witness to my arrest, and I suspect I'm being targeted since I've been pulled over four... View More

James L. Arrasmith
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answered on Mar 26, 2025

Fighting a possession charge when the amounts don't match up requires immediate action to protect your rights. The significant discrepancy between 0.5 grams and 4+ ounces strongly suggests a potential mistake or misconduct that could be central to your defense. You should document everything... View More

0 Answers | Asked in Criminal Law and Domestic Violence for Arkansas on
Q: Can a domestic battery charge no-contact order be dismissed before a plea hearing?

I am facing domestic battery 3rd degree charges along with my husband, and a police-ordered no-contact order has been issued. We have no criminal history or prior legal incidents, and I am not represented by legal counsel. Our plea hearing is scheduled for April 15, 2025. Is it possible to get the... View More

0 Answers | Asked in Criminal Law and Gov & Administrative Law for Arkansas on
Q: How does mental capacity and property status affect charges of reckless burning and criminal mischief?

My ex-roommate has been charged with reckless burning, criminal mischief, and breaking and entering regarding an apartment that was deemed uninhabitable by the city code enforcement department. We both still had belongings in the apartment. Additionally, my ex-roommate has an IQ level of 67. How... View More

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Medical Malpractice for Arkansas on
Q: Nurse facing a non-criminal accusation, state board found no action, AG wants interview – next steps?

My husband, a nurse, was accused of inappropriately touching a patient during a bath. The state board of nursing investigated for 14 months and found no grounds for disciplinary action. He was interviewed by the local police with no charges filed. Now, 24 months later, the attorney general’s... View More

Richard Lane Hughes
Richard Lane Hughes
answered on Mar 18, 2025

I don't understand why you "couldn’t find legal representation initially since there were no criminal charges." When you are asked or directed to be interviewed by a branch of government or law enforcement agency, you should always have an attorney with you when there is the... View More

0 Answers | Asked in Criminal Law for Arkansas on
Q: How should I plea for a first-time misdemeanor tampering charge?

I have a misdemeanor tampering with physical evidence charge in Marion, Arkansas. This is my first offense, and I have a court date scheduled for today. I have not spoken to a lawyer about how to plead. What should I consider before making my plea?

0 Answers | Asked in Criminal Law for Arkansas on
Q: What is the crime for giving meth for free in Arkansas?

In Arkansas, what is the crime called if someone knowingly gives meth to another person for free, and the recipient consented to receiving it?

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: Can my husband be charged with possession if he doesn't do undercover buy after police search?

My husband was pulled over by the police, and a K9 unit alerted to his car, leading to a search where a small amount of meth was found. He was handcuffed and approached by undercover officers who asked him to conduct a control buy from the person he obtained the meth from. My husband agreed, but... View More

James L. Arrasmith
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answered on Mar 24, 2025

Yes, your husband can still be charged with possession despite the lack of formal paperwork. Drug crimes typically have a statute of limitations that extends for several years, giving law enforcement ample time to file charges at their discretion. The mention of "erasing the report" is... View More

0 Answers | Asked in Criminal Law for Arkansas on
Q: Seeking lesser charge for fentanyl trafficking in Arkansas

I am facing charges in Arkansas for two counts of trafficking fentanyl from a controlled buy involving an informant. This is my first offense, and there's a plea deal offered of 25 years for the first count and 10 years for the second. I am trying to get the charges reduced to delivery of... View More

Q: Facing charges after an officer's maneuver caused a traffic incident. How can I contest and recover my possessions?

I was involved in a serious traffic incident where an officer's maneuver caused me to spin out. I now face charges of reckless driving, fleeing in a vehicle causing serious injury (though I was the only one injured), and possession of controlled substances with intent to deliver. These charges... View More

0 Answers | Asked in Appeals / Appellate Law and Criminal Law for Arkansas on
Q: Help needed for criminal appeal in 1st-degree murder case due to lack of evidence.

I need help with a criminal appeal for a case in which the person was charged and convicted of 1st-degree murder. They have been incarcerated for two years, initially on attempted capital murder charges. During the trial, evidence was presented that showed there were three different bullet shells... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: Is arrest without showing a warrant legal in a terroristic threatening charge?

I have a concern regarding a recent arrest that took place without a physical warrant being shown at the time. The person involved was informed of an existing warrant for terroristic threatening, issued by the local police department in a county jurisdiction. However, no proof of the warrant was... View More

James L. Arrasmith
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answered on Mar 24, 2025

In the United States, police officers are not legally required to physically show a warrant at the time of arrest. While officers may show the warrant to a suspect during arrest (which could allow identification of any errors), a suspect does not have an absolute right to see the warrant during the... View More

0 Answers | Asked in Criminal Law and Education Law for Arkansas on
Q: Impact of misdemeanor battery charge on teaching prospects in Arkansas?

I have a misdemeanor 3rd degree battery charge from two years ago for which I served one year of probation and paid a $750 fine. The incident involved my husband, who did not testify against me. I am in the process of completing teacher pre-service without having a license yet. Regarding the... View More

0 Answers | Asked in Criminal Law and Gov & Administrative Law for Arkansas on
Q: Can parolees in AR get a second chance under the amnesty act in 2025 for absconding?

I am a parolee in White County, Arkansas, and I have been absconding for one month for not reporting. I would like to know if the amnesty act is still allowing parolees to receive a second chance in 2025 if I turn myself in. Can you provide guidance on this situation and what steps I might need to... View More

0 Answers | Asked in Civil Rights, Criminal Law, Employment Law and Public Benefits for Arkansas on
Q: Can a mental health patient file a complaint against an officer for harassment and misleading conduct in Arkansas?

A 42-year-old mentally disabled woman, who receives disability checks, was pulled over for a traffic violation and given a ticket falsely stating 'no search' and 'no passengers.' The officer harassed her afterward by repeatedly calling, threatening to file a warrant unless she... View More

0 Answers | Asked in Criminal Law for Arkansas on
Q: Is it possible to reduce first-offense felony drug charges to misdemeanors in Arkansas?

I'm facing charges in Arkansas for possession of a controlled substance (two Ecstasy pills) and possessing instruments of crime (a glass pipe and a grinder). This is my first offense, and I have no prior criminal record. The case is currently pending investigation, and there were no witnesses... View More

0 Answers | Asked in Criminal Law for Arkansas on
Q: Can first offense felony charges be reduced to misdemeanors in AR?

I am facing two charges: possession of a controlled substance (two Ecstasy pills) and possessing instruments of crime (a glass pipe and a grinder) in Tennessee. This is my first offense, and I have no prior criminal record. The case is currently pending investigation. Is it possible to get these... View More

0 Answers | Asked in Criminal Law for Arkansas on
Q: Was it legal for the officer to search my car after refusing consent due to window tint issues?

I was pulled over for having window tint that was allegedly too dark. When the officer asked to search my vehicle, I refused consent. However, the officer then used a flashlight to look inside the car and saw a pill bottle in the door pocket. Was it legal for the officer to do that and proceed with... View More

0 Answers | Asked in Criminal Law for Arkansas on
Q: Does the good Samaritan law protect me for underage drinking arrest in Arkansas?

I am an underage minor who was present at a gathering where alcohol was consumed, and another minor required medical attention for alcohol poisoning. Although I did not make the 911 call, I informed someone about the situation, and help arrived. People at the scene attempted to provide care before... View More

0 Answers | Asked in Criminal Law for Arkansas on
Q: Can I be convicted if cousin admits to having my phone during theft?

I am facing a jury trial in a couple of weeks in Arkansas for charges related to theft, breaking and entering, and criminal mischief in the third degree. My cousin, who took a suspended sentence and is responsible for pawning the stolen item, does not plan to testify against me. The primary... View More

0 Answers | Asked in Criminal Law for Arkansas on
Q: Can my girlfriend get in trouble for not reporting my whereabouts if I have warrants?

I have warrants out for my arrest. My girlfriend, who doesn't live with me, is in a relationship with me and has been asked by law enforcement about my whereabouts. However, there are no legal proceedings against her or specific legal orders relating to my warrants. Could she be in legal... View More

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