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Arkansas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Legal Malpractice for Arkansas on
Q: Should medical records be presented if they prove incapability to commit a crime?

In a murder trial in Arkansas, should the defense attorney present the defendant's medical records to the court if these records prove the defendant's physical incapability to commit the crime? The attorney was aware of the existence of these records but never accessed them, and these... View More

James L. Arrasmith
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answered on Nov 6, 2025

If your medical records show you were physically incapable of committing the charged acts, they constitute powerful exculpatory evidence. A defense attorney in Arkansas must investigate and make strategy choices informed by available evidence, not in ignorance of it. When counsel knows such records... View More

2 Answers | Asked in Criminal Law, Personal Injury, Wrongful Death and Insurance Bad Faith for Arkansas on
Q: I suspect my auntie's sister murdered her for funds. What can I do?

I suspect my auntie's sister may have murdered my auntie for her funds. My auntie's sister has a criminal past, including a planned robbery at Cricket in West Memphis, Arkansas, where she received probation. She was also jailed for insurance fraud but got out on bond. While my auntie was... View More

Marvin  Honeycutt
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Marvin Honeycutt
answered on Nov 5, 2025

I suggest you go to the authorities in the jurisdiction where she died and express your suspicions.

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for Arkansas on
Q: Can I appeal a guilty plea in a forgery case in Arkansas?

I was charged with passing a counterfeit $20 bill in Arkansas, which I did not commit. I was assigned a public defender who persuaded me to plead guilty, resulting in a 5-year probation and 12 months in rehab. I felt pressured into accepting the plea deal and am currently one month into the rehab... View More

James L. Arrasmith
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answered on Nov 5, 2025

It’s understandable to feel trapped after taking a plea deal you didn’t want, especially if you felt pressured or misled. In Arkansas, once you plead guilty, appealing the conviction itself becomes very limited. However, there are a few possible options depending on your situation. You can file... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Arkansas on
Q: Is a prosecutor's report filed without completing aggravating and mitigating sections valid under Arkansas law?

I'm reviewing a prosecutor's short report related to a criminal case that has already been completed. Under the aggravating and mitigating section, it wasn't filled out. Shouldn't this section be complete before being filed with the court, especially since prisoners are often... View More

James L. Arrasmith
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answered on Nov 4, 2025

Yes—under Arkansas practice, a prosecutor’s report that leaves the aggravating and mitigating boxes blank remains a valid filing, because the report operates as a recommendation and no statute makes that omission jurisdictional.

If the sentence departed from the guidelines, the duty to...
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2 Answers | Asked in Criminal Law for Arkansas on
Q: What do "CR" and "CI" mean in Arkansas docket numbers?

I am curious about the differences in docket numbers for criminal cases in Arkansas, specifically regarding the meanings behind the letters "CR" and "CI" in docket numbers like 36CR-24-298 and 36CI-24-422. Could you explain what these letters signify and what the digits generally stand for?

Marvin  Honeycutt
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Marvin Honeycutt
answered on Nov 4, 2025

CR is criminal. CV is civil. Then year then order of filing.

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2 Answers | Asked in Criminal Law and Domestic Violence for Arkansas on
Q: How can I get a 3rd-degree domestic battery charge dropped in Arkansas?

I am facing a misdemeanor charge of 3rd-degree domestic battery in Arkansas despite having an absolutely clean record until now. The incident stemmed from a heated argument at home where my partner broke some items, leading me to call the police to defuse the situation. No physical violence... View More

Marvin  Honeycutt
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Marvin Honeycutt
answered on Nov 2, 2025

State prosecutor policy is normally not to drop at request of alleged victim. Person charged will need an attorney.

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2 Answers | Asked in Criminal Law and Civil Rights for Arkansas on
Q: How can I find out-of-judge legal representation in Arkansas for a battery charge when local lawyers won't challenge the system?

I am facing battery charges in Arkansas, even though I wasn't present during the incident. The sheriff has had personal contact with my girlfriend due to their past, influencing her to accuse me falsely. After several unsuccessful attempts by deputies to find me, I turned myself in, and the... View More

Marvin  Honeycutt
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Marvin Honeycutt
answered on Nov 1, 2025

What jurisdiction?

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1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Arkansas on
Q: Can I challenge a domestic battery charge when I wasn't present, and the victim testified nothing happened?

I am facing a domestic battery charge in Arkansas even though I did not harm anyone and wasn't present when the police arrived. My girlfriend and I were having a verbal argument, and her ex-husband, from another town, called the police, falsely claiming she was in danger, and threatened me... View More

James L. Arrasmith
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answered on Nov 1, 2025

Yes—you can challenge both the domestic battery charge and the officers’ conduct, and you are not powerless here. Arkansas law requires probable cause grounded in reliable facts, and a complainant who denies any assault and attributes injury to a fall, together with your absence when police... View More

2 Answers | Asked in Car Accidents, Criminal Law, Wrongful Death and Personal Injury for Arkansas on
Q: What is the sentence for negligent homicide with no foul play evidence?

On the clear afternoon of September 9, 2024, a car hit a motorcycle head-on in Arkansas, resulting in the death of the motorcycle driver. The car driver has pleaded not guilty, and the only legal actions so far have been the car driver’s arrest by a U.S. Marshal with a felony warrant affidavit on... View More

Marvin  Honeycutt
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Marvin Honeycutt
answered on Oct 31, 2025

It can be a B lony punishable by up to 20 years or D felony punishable by up to 6 years. Neither requires an element of foul play.

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1 Answer | Asked in Criminal Law for Arkansas on
Q: Why was I charged for a fentanyl pill found in a car with two people?

In Arkansas, I was pulled over and the police conducted a search of the car. They found one pill containing fentanyl. There were two people in the car, but I was the first to be removed and handcuffed without being asked any questions about the pill. The other person in the car was not questioned... View More

James L. Arrasmith
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answered on Oct 29, 2025

You were likely charged because Arkansas uses a “constructive possession” theory, and officers often pin possession on the person who appears to control the car—usually the driver or the person closest to where the pill was found. In a jointly occupied vehicle, the State must show extra... View More

2 Answers | Asked in Criminal Law and Gov & Administrative Law for Arkansas on
Q: Can both car occupants be charged if a pill with fentanyl is found?

I was pulled over in Arkansas while driving with another passenger in the car. The officers found an "X" pill in the car and took me out while allowing the other person to remain seated. They didn't inform me about discovering the pill at the site but later took me to the police... View More

Marvin  Honeycutt
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Marvin Honeycutt
answered on Oct 28, 2025

Yes.

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1 Answer | Asked in Domestic Violence and Criminal Law for Arkansas on
Q: How to prepare for contact after a domestic abuse report?

I am concerned about the implications of a domestic abuse report filed by a hospital on behalf of my husband. I was informed I would be contacted soon regarding this matter. What should I say when contacted? Additionally, I am worried about being charged, and I have not yet contacted any legal aid... View More

James L. Arrasmith
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answered on Oct 27, 2025

It’s understandable to feel anxious about this situation, especially when you’ve been told that someone will be contacting you soon. When you are contacted—whether by police, social services, or another investigator—the most important thing is to stay calm and polite. You are not required... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: What are my chances of beating a public intoxication charge in Arkansas?

What are my chances of beating a public intoxication charge in Arkansas if I wasn't causing any disturbance? I was standing outside a bar waiting for a ride when the police approached me, asked what I was doing, and then arrested me, despite me explaining I was just waiting for my Uber/Lyft.... View More

James L. Arrasmith
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answered on Oct 24, 2025

Your chances of beating a public intoxication charge in Arkansas depend on whether the state can prove that you were both **intoxicated** and **a danger to yourself or others**, as required by Arkansas law. Simply standing outside a bar or smelling of alcohol isn’t enough for a conviction — the... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: In Arkansas, I was caught alone with less than 14 grams of mushrooms, and this is my first offense with no prior crimina
James L. Arrasmith
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answered on Oct 24, 2025

Being caught with less than 14 grams of mushrooms in Arkansas is a serious matter, but since this is your first offense and you have no prior criminal record, you may have options to lessen the impact. Psilocybin mushrooms are classified as a Schedule I controlled substance under Arkansas law,... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: Is possession of less than 14g mushrooms a felony or misdemeanor in Arkansas?

In Arkansas, I was caught alone with less than 14 grams of mushrooms, and this is my first offense with no prior criminal record. Is this considered a felony or a misdemeanor?

James L. Arrasmith
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answered on Oct 24, 2025

In Arkansas, possession of psilocybin mushrooms is treated very seriously under state law. Psilocybin is classified as a Schedule I controlled substance, the same category as drugs like heroin and LSD. Because of that classification, possession of any amount—no matter how small—is considered a... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Arkansas on
Q: Will filing a police report for stolen items lead to a warrant search?

I was staying with a homeowner in Arkansas as her caregiver. Recently, she accused me of stealing items, but she has since found them. However, she's refusing to return my belongings. I'm trying to file a police report to retrieve my items, but I'm concerned because I have an... View More

James L. Arrasmith
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answered on Oct 24, 2025

Yes—when you file a report in Arkansas, officers almost always verify your identity and run you through ACIC/NCIC for outstanding warrants. If your warrant is active, they will detain you even if you are the reporting party.

That risk exists whether you report in person, by phone, or...
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3 Answers | Asked in Criminal Law and Personal Injury for Arkansas on
Q: Was a crime committed when someone tried to enter my mother's locked car in a parking lot?

My mother was sitting in her car with the doors locked in a workplace parking lot when someone attempted to enter her vehicle by pulling on the door handle. The individual looked into the windows and seemed to notice my mother inside. She called the police and moved her vehicle to another parking... View More

Ramez F. Shamieh
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Ramez F. Shamieh
answered on Oct 20, 2025

Yes — based on your description, several potential crimes may have occurred, depending on the specific facts and local laws (which vary by state). Here’s a breakdown:



1. Attempted Unauthorized Entry or Burglary of a Motor Vehicle

• Trying to open the door of an...
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1 Answer | Asked in Criminal Law and Gov & Administrative Law for Arkansas on
Q: Can SAPLE class counselor influence my parole status in Arkansas?

Does the counselor of SAPLE classes have the authority to impose additional requirements and influence my parole status, or should I report her actions as overstepping boundaries? I have evidence of a personal vendetta, but I haven’t yet talked to my parole officer about the issue.

James L. Arrasmith
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answered on Oct 13, 2025

You’re right to question this. Under Arkansas law, only the Arkansas Parole Board and the Division of Community Correction—through your parole officer—set or modify parole conditions. A SAPLE class counselor enforces program rules (attendance, assignments, conduct) but lacks authority to... View More

2 Answers | Asked in Juvenile Law, Civil Rights and Criminal Law for Arkansas on
Q: Can a 14-year-old be questioned about murder without a guardian in Arkansas?

In Pine Bluff, Arkansas, a 14-year-old boy was taken into custody and questioned about a murder without a guardian or parent present. He is now charged and being held as an adult in a detention center, facing 20 years for first-degree murder. Since his arrest, he has not had legal representation,... View More

Marvin  Honeycutt
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Marvin Honeycutt
answered on Oct 13, 2025

The issue would really be whether or not he intelligently waived his rights.

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2 Answers | Asked in Criminal Law, Civil Litigation and Domestic Violence for Arkansas on
Q: Chances of challenging second-degree battery charge in AR with victim recantation?

During a heated argument between my boyfriend and me, my 8-year-old daughter began hitting him and cussing at me. As my boyfriend attempted to take her phone to stop her from hitting, she ended up with a red mark on her arm. Initially, she told the police that he hurt her and broke her phone, but... View More

Marvin  Honeycutt
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Marvin Honeycutt
answered on Oct 11, 2025

It depends greatly on the court. Where is the court?

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