Arkansas Questions & Answers

Q: can I stop charges against someone

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Apr 18, 2018
Richard Lane Hughes' answer
Once the State has charged a citizen with a crime, it is the State that has the power to dismiss the charge or, of course, the court for various reasons. The "victim" cannot dictate that a charge be dismissed but may persuade a prosecutor to dismiss a case. Many prosecutors do not like to pursue a case if the "victim-witness" does not wish to proceed.
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Q: Can a police officer

1 Answer | Asked in Civil Litigation, Civil Rights, Criminal Law and Federal Crimes for Arkansas on
Answered on Apr 18, 2018
Richard Lane Hughes' answer
If I understand our statement of facts correctly, the answer is no.

There may be other grounds for an arrest but not for an order that did not exist at the time of the allegedly offending behavior.
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Q: Is it against Arkansas law to leave a engine running car unattended ?

1 Answer | Asked in Criminal Law and Car Accidents for Arkansas on
Answered on Apr 17, 2018
Stewart Whaley's answer
Yes. 27-51-1306. Unattended motor vehicles.

No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, and removing the key, or, when standing upon any perceptible grade, without effectively setting the brake and turning the front wheels to the curb or side of the highway.
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Q: Is it against Arkansas law to leave a engine running car unattended ?

1 Answer | Asked in Criminal Law and Car Accidents for Arkansas on
Answered on Apr 17, 2018
Stewart Whaley's answer
Yes. See 27-51-1306. Unattended motor vehicles.
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Q: Can a judge in Arkansas reside over 2 cases. One is a criminal and the other is a dhs case.

1 Answer | Asked in Criminal Law, Federal Crimes and White Collar Crime for Arkansas on
Answered on Apr 16, 2018
Stewart Whaley's answer
Yes. Generally, a judge can preside over two cases, where one is criminal and the other DHS.

Some excerpts from a 2015 Arkansas Court of Appeals opinion, regarding a judge residing over a criminal and dependency-neglect case involving the same adult and child, show that the bar for challenging this is high:

A judge has a duty to hear a case unless there is a valid reason to disqualify. Perroni v. State, 358 Ark. 17, 186 S.W.3d 206 (2004). Moreover, a judge is presumed to be...
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Q: I live out of state and completely forgot about a speeding ticket I received in Arkansas. How do I clear up the warrant?

1 Answer | Asked in Traffic Tickets for Arkansas on
Answered on Apr 15, 2018
Stewart Whaley's answer
Hire an attorney to appear for you on the Failure To Appear (FTA) warrant, so you don’t have to come here. Once the warrant is settled, said atty can work on resolution of the charge.

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I’m a lawyer. I’m not your lawyer. This is my opinion and not legal advice.
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Q: Can you the other parent file for emergency custody if the other parent got a DWI but the kids were not in his care

2 Answers | Asked in Child Custody and DUI / DWI for Arkansas on
Answered on Apr 15, 2018
W. Whitfield Hyman's answer
You can, I don't think any judge would grant it.
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Q: what's the penalty for a ticket for drug paraphernalia. ( an unused marijuana pipe

1 Answer | Asked in Traffic Tickets for Arkansas on
Answered on Apr 15, 2018
Stewart Whaley's answer
An “unused” pipe (no residue) in my world is for tobacco...

If the charge is 5-64-443 and the substance is marijuana it is a class A misdemeanor
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Q: can a felon hunt with a cross bow in Arkansas

1 Answer | Asked in Civil Rights for Arkansas on
Answered on Apr 15, 2018
Stewart Whaley's answer
The answer is not clear.

A reading of the Arkansas code would lead the public to conclude “yes,” because a crossbow doesn’t fire projectiles by explosion and probably isn’t easily converted to do so.

HOWEVER, crossbow carry by felons is not that simple. There are prosecutors in the state that absolutely will bring charges, and that alone can cause probation/parole revocation issues or worse. Also, if a felon is using a crossbow during gun season, there is a decent...
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Q: How many hours of parenting classes are required by the state of Arkansas when seeking joint parental rights

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Answered on Apr 14, 2018
Stewart Whaley's answer
The court may require parents attend at least two hours of parenting class, or, submit to mediation. By the way, the TransParenting course usually assigned in Pulaski County is 4 hours.
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Q: Can child support be stopped if the child has turned 18, moved into her own house, but is still in school?

1 Answer | Asked in Family Law and Child Support for Arkansas on
Answered on Apr 14, 2018
Stewart Whaley's answer
Moving into her own house doesn't change anything.

If 18 and "school" means high school then you will continue paying, see § 9-14-237(a)(1)(B)

"If the child is still attending high school, upon the child's high school graduation or the end of the school year after the child reaches nineteen (19) years of age, whichever is earlier;"

If 18 and "school" means any form of higher education AFTER high school, support automatically terminates as a matter of law....
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Q: I been trying to see my daughter and take care of her but her mother won’t let me since I’ve moved on with my life

1 Answer | Asked in Child Custody and Child Support for Arkansas on
Answered on Apr 14, 2018
Stewart Whaley's answer
If paternity has been established (if not, it will be by the time you are paying child support) you can petition the court for visitation. You'll need to prove several factors, including: you are a fit parent, can care for and nurture the child, provide financial support, etc.
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Q: Can a 17 year old with no prior criminal background be sent to prison?

1 Answer | Asked in Criminal Law, Federal Crimes, White Collar Crime and Juvenile Law for Arkansas on
Answered on Apr 14, 2018
Stewart Whaley's answer
Yes, depending on the crime. Juveniles can no longer be sentenced to life without parole in Arkansas. They can still be sent to prison. Having no criminal background helps when negotiating a plea without prison time, if you go to trial and during sentencing, if convicted
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Q: If someone has a fleeing on foot 2nd offense,expired tags no insurance and driving on suspended can he be violated with

1 Answer | Asked in Criminal Law and Traffic Tickets for Arkansas on
Answered on Apr 14, 2018
Stewart Whaley's answer
He can be violated if he is convicted of a new offense or violates any condition of parole. It sounds like that is exactly what happened, unfortunately. www.paroleboard.arkansas.gov/FAQs/
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Q: Can the Arkansas sex offender board access a person as a level 4 without a judge's court order?

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Arkansas on
Answered on Apr 14, 2018
Stewart Whaley's answer
SOCNA can assign a level without a Judge ever being involved. For judicial review: (1) appeal the decision to SOCNA, they review (and certainly will NOT decide they were wrong) and you remain a level 4. (2) now you can appeal to an ELECTED circuit court judge.

Getting a Level 4 (the max; sexually violent predator; most likely to re-offend) reduced to a 3 is a very, very difficult process with low probability of success. Consult an Arkansas attorney with experience in sex offender...
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Q: My ex wife keeps trying too contact me off unknown and privite numbers. We have a no contact order in place.

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Apr 14, 2018
Stewart Whaley's answer
Hire an attorney. If you broke the no contact order, you broke the order. That isn’t negated by her action. However, an experienced attorney may be able to resolve these facts favorably with the prosecutor or at a bench trial. I would not try to do it by self-representation.
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Q: Is my husband looking at any major time w 4 felonies 2 drug parah 1 w firearm he's never been in trouble firearm was reg

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Apr 14, 2018
Stewart Whaley's answer
Without specific facts, a helpful answer isn’t possible. In general, 4 felonies, 2 paraphernalia and a gun could total a very large prison term. If the gun was used to commit any of the felonies there are significant additional penalties under 16-90-120 Felony with firearm (for example, up to 15 additional years). He needs an attorney if he doesn’t already have one.
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Q: If at time of arrest, a person is told by officer , he is being charged for intimidating a witness x3.

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Apr 14, 2018
Stewart Whaley's answer
The officer is not the final person to determine the criminal charge(s). A prosecutor will review the report and determine whether to proceed and what charge(s) are brought. There are not enough facts stated to determine whether and how "§ 5-54-105. Hindering apprehension or prosecution" or "§ 5-53-109. Intimidating a witness" might apply in this incident. Also, intimidating is a Class C felony. Hindering varies by "the felony constituted by the conduct of the person assisted." Depending...
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Q: My friend was picked up on a revocation I guess a petition to revoke suspended sentence and im hoping you can help me.

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Apr 14, 2018
Stewart Whaley's answer
The "very first mess up on any kind of felony probation" is a SECOND offense. The first charge is a class D felony that could have resulted in 6 years of prison. From the judge and prosecutor's perspective, the threat of 6 years of prison time wasn't enough to modify his behavior. That alone could be why they are addressing the case this way. Maybe they have other information regarding this defendant. It might be information YOU don't have, but an attorney could get. The judge, probation...
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Q: What do I need to do to get my name of my ex husbands motorcycle. I co signed but per our divorce he was supposed to.

1 Answer | Asked in Divorce for Arkansas on
Answered on Apr 14, 2018
Stewart Whaley's answer
1. Verify the credit report is correct. 2. If so, let him know you will re-open the case and ask the judge to find him in violation of the divorce decree and that you will ask for attorney's fees. 3. If no action, see step 2.

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This is not legal advice, just my thought on the matter. I am not your attorney, at this point.
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