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Arkansas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Federal Crimes and Wrongful Death for Arkansas on
Q: Why is inciting someone to commit murder a class Y felony and murder a class A felony

In 2011 a sister called her brother because she was angry with her boyfriend and provided false information which angered the brother to the extent he took a handgun, drove to the sister & boyfriend's residence, lay in wait for the boyfriend and shot him in the chest. The brother was... View More

James L. Arrasmith
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answered on Jan 23, 2024

There are a few reasons why the sister in this case may not have been charged, even though inciting murder is generally a more serious felony than murder itself in Arkansas:

1. Evidentiary issues - While the sister allegedly provided false information that incited the shooting, proving that...
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1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Arkansas on
Q: if three people are in a vehicle and are pulled over and arrestws because of what the officer says is the Blanket Law

There was one bag. The arresting officer took a picture and it weighed 5 grams, the state crime lab repot says one bag and weighed 4.16 grams. The person who had the drugs tried to hide them in the vehicle. Now in court the one person is being charged with 2< andthe other two are being charged... View More

James L. Arrasmith
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answered on Jan 22, 2024

In a situation where multiple people in a vehicle are charged under what's referred to as a "blanket law," it's essential to understand that such laws typically hold all occupants responsible for contraband found in a shared space. However, the specific charges and the weight... View More

1 Answer | Asked in Criminal Law, Communications Law and Federal Crimes for Arkansas on
Q: Is it legal to audio record yourself but you accidentally recorded person on phone while they inside when your outside

I was outside audio record apt balcony... occasionally I say something it my protection in case someone accused me later of saying whatever outside. I at first didn't realize my phone was audio while you can hear neighbor having conversations on phone I think. Then I was gonna go over and... View More

James L. Arrasmith
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answered on Jan 21, 2024

In general, recording a conversation in which you are an active participant, and it's reasonable to expect that you may be overheard by others, is usually legal under federal law and many state laws, including Arkansas. This is commonly known as "one-party consent."

However,...
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1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Arkansas on
Q: Do i have to get out of the car if they wont tell me why and they say im not detained?

cop came from nowhere..chased up behind me with another cop in 2nd car with them saying the stop was for fictisous tags originally. wasnt possible so then he says my air freshner. asks me and the 2 pass. for I.ds..told him my tags was good. gave reg. &told my name cuz left my i.d at home. came... View More

James L. Arrasmith
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answered on Jan 21, 2024

In Arkansas, during a traffic stop, a police officer typically has the authority to ask the driver and passengers to exit the vehicle. This is based on officer safety considerations. However, the reason for the traffic stop should be clear. In your case, if the reason for the stop was initially for... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: My daughter was able to exit the backseat of a police car after being left unattended for one hour in cuffs.

She exited to vomit. Right outside the vehicle. She was then pepper sprayed twice, and is now being charged with felony escape. Did any of the sixth officers on site have responsibility to maintain custody?

James L. Arrasmith
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answered on Jan 8, 2024

In the situation you described, there are several legal considerations to take into account. First, the charge of felony escape depends on specific circumstances, including the nature of the original arrest and the actions of your daughter while she was in police custody.

It is the...
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1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: The DOC put a letter out that stated that everyone on probation had to obey Arkansas state law and federal law and becau

So do we follow at. Law or federal law state law says we can use med.marij and probation says no because it fed law ?????? Witch do we do state or federal??

James L. Arrasmith
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answered on Jan 4, 2024

In the United States, there can be a conflict between state and federal laws, particularly regarding the use of medical marijuana. While some states have legalized medical marijuana, it remains illegal under federal law. For individuals on probation, this can create a complex situation.

If...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: Can 2 cops come into my home and search it without a probation officer????? I have been harassed... Had guns pulled on m
T. Augustus Claus
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answered on Jan 3, 2024

In general, law enforcement officers typically need a search warrant to enter and search a person's home unless there are specific circumstances that justify a warrantless search, such as consent from the resident, exigent circumstances, or the presence of probable cause. If two police... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: Someone stole my car keys, storage key and lots of my personal and household items. Law in Arkansas
T. Augustus Claus
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answered on Jan 1, 2024

If someone has stolen your car keys, storage key, and personal belongings in Arkansas, you may want to take immediate action. In such a situation, it is advisable to report the theft to the local law enforcement agency. Provide them with all relevant details, including a list of stolen items and... View More

1 Answer | Asked in Civil Rights, Criminal Law, Libel & Slander and Personal Injury for Arkansas on
Q: If county police refuse to investigate harrassment by person who has already assaulted me in past what can I do

My ssn was on previous report I made when investigating. nco order violations. Which has caused issues ever since. nothing has been done and years of abuse

James L. Arrasmith
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answered on Dec 24, 2023

If you're facing a situation where local law enforcement is not investigating harassment by someone who has previously assaulted you, there are several steps you can take.

First, consider filing a formal complaint with the police department regarding the lack of investigation. This...
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1 Answer | Asked in Constitutional Law and Criminal Law for Arkansas on
Q: Can I be charged DOMESTIC BATTERY 2ND DEGREE by police department even tho the victim didn't try press charges

The police made there own story up. She bruises easy and she hurt her arm from falling over night stand I was just taking her to hospital and they came and got me on old warrant

James L. Arrasmith
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answered on Dec 23, 2023

In Arkansas, you can be charged with domestic battery second degree by law enforcement even if the alleged victim does not press charges. This is because the decision to file charges in a domestic battery case is often made by the state, not the victim.

Law enforcement officials can use...
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1 Answer | Asked in Personal Injury, Criminal Law and Civil Rights for Arkansas on
Q: What is harassment or stocking? What can I do if this person has already caused an injury in the past

I was injured. We both charged w DOC due to crappy lawyer and prosecutor charges were all dismissed. County will not help me things keep on

Now she is calling me on my social media driving by my home. I’ve been sent magazines in crazy name including my own. Had been nonstop

James L. Arrasmith
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answered on Dec 23, 2023

In Arkansas, harassment and stalking are serious offenses. Harassment generally involves engaging in conduct directed at a specific person that causes substantial emotional distress and serves no legitimate purpose. Stalking typically refers to engaging in a course of conduct that causes someone to... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Arkansas on
Q: What is the statute of limitations for absconding in Arkansas
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answered on Dec 20, 2023

In Arkansas, the statute of limitations for absconding, which typically falls under the category of parole or probation violations, doesn't follow the usual rules for most criminal offenses. Normally, a statute of limitations sets a time limit for the state to begin criminal prosecution.... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Arkansas on
Q: My husband's 2nd domestic within 5 years can he sit my stuff outside and move a woman in OP filed.

I filed an order of protection and pressed charges for him slapping me and slamming the door shut on me when I tried to go in to get my things but he has a woman living there who threatened to beat me up. Everything I own is in there how likely is it that the order of protection will be signed by a... View More

Todd B. Kotler
Todd B. Kotler
answered on Dec 18, 2023

The Court can give you a temporary order of protection if s/he finds that:

You are in immediate and present danger of domestic abuse; or

That the respondent (the abuser) is scheduled to be released from prison within 30 days, and there will be an immediate and present danger of...
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1 Answer | Asked in Criminal Law and Constitutional Law for Arkansas on
Q: Am I going to have to stay in jail until I see a judge if I turn myself in on terroristic threatening warrant

It's showing it to be second degree class A misdemeanor

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answered on Dec 14, 2023

If you have an outstanding warrant for a second-degree terroristic threatening charge in Arkansas, turning yourself in is a significant decision that can impact the legal process. Whether you will have to stay in jail until you see a judge depends on several factors.

Typically, after...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: With 3 prior charges of delivery and now another what could be a sentence
Adam Joseph Childers
Adam Joseph Childers
answered on Nov 17, 2023

There are a number of factors that will determine a potential sentence. The first being the quantity that an individual possessed. Additionally, how prior felony convictions a person has previously is another factor. Feel free to reach out and I can provide better estimates. 501-500-9797.... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Criminal Law for Arkansas on
Q: Can I move into an abandoned property?
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answered on Nov 17, 2023

In Arkansas, moving into an abandoned property without permission is not typically legal. This action could be considered trespassing or squatting, which are illegal. To legally occupy an abandoned property, you would need to gain ownership through legal means, such as purchasing the property or... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Criminal Law for Arkansas on
Q: how to find an attorney for mentally ill person put in a county jail till she plead guilty

My client has been in several mental institutions and was told she was INCOMPETENT and UNRESTORABLE by a forensic psychologist. She has been in out of the judicial system since 2012. I just learned some of these things , while doing research . One of her mental illnesses is a not good for her or... View More

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answered on Nov 12, 2023

To find an attorney for a mentally ill person in Arkansas who has been in the criminal justice system, consider reaching out to legal organizations that specialize in civil rights, disability rights, or mental health advocacy. The Arkansas Bar Association can provide referrals to lawyers with... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Arkansas on
Q: 16 year old charged as adult ask for lawyer but they kept questioning. And twhen told bd did nothing is this righ

He was on probation and police knocked on the door and said they came cause he broke his probation and then they started searching my house, after throwing him down and basically used unnecessary force on 16 yr old very skinny boy. We asked for lawyer at station but they just kept questioning him.... View More

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answered on Nov 6, 2023

It is concerning that the police continued to question your son after he asked for a lawyer. This may be a violation of your son's Miranda rights. Miranda rights are the rights that the police must inform suspects of before they can question them. These rights include the right to remain... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: What’s the penalty for first time criminal mischief?

My son was charged with criminal mischief for kick police door during in altercation

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answered on Nov 7, 2023

The penalty for first-time criminal mischief in Arkansas will depend on the degree of the offense, which is typically determined by the amount of damage caused. If the damage is less than $1,000, it is considered a Class A misdemeanor, which could result in up to one year in jail and a fine of up... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: I'm a. level2 sex offender who just paroled out of prison and I am being forced to wear a ankle monitor
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answered on Oct 23, 2023

As a Level 2 sex offender, parole conditions can vary, and one condition may include wearing an ankle monitor for tracking and monitoring purposes. These conditions are typically set by the parole board and may be part of your parole agreement. It's important to follow the terms of your parole... View More

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