Also, if I refuse to tell an officer where someone is that failed appear when asked can I be charged with anything?
answered on May 12, 2023
If the Court issues a warrant for the arrest of an accused for failure to appear, the accused may be considered a fugitive. That is, the active warrant subjects the person named in the warrant to arrest and detention. The term "fugitive" is sometimes used to invoke jurisdiction of law... Read more »
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 »
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... Read more »
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 ?
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 »
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.
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 »
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 »
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answered on Mar 2, 2023
If you believe that the information redacted is necessary for you to understand the reason for your arrest and detention, you can file an appeal or challenge the redaction. You can contact the agency that provided the response and ask them to provide justification for the redactions or file a... Read more »
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 »
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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... Read more »
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 »
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 »
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 »
was put on a bracelet upon release and have a revocation hearing scheduled tomorrow. Do I have any rights
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 »
X girlfriend on a purchase of 14 grams of meth that she begged me for I had someone else deliver to her now they are trying to give me all of my suspended sentence from 2010
answered on Oct 16, 2022
I don't see a question here. If you have a suspended sentence pending and are convicted of a subsequent offense or fail to abide by the conditions of your suspended sentence, you are subject to that suspended sentence being imposed. Think of the suspended sentence as a probation type... Read more »
answered on Sep 18, 2022
Obtaining a license may not be a problem but, you cannot own or control a firearm for any purpose if you have a felony conviction no matter how long ago you got the conviction. However, you can seek relief through the Governor's office by filing a clemency petition. In appropriate cases the... Read more »
The property that was stolen is a vehicle I did not know that vehicle was stolen so I was charged with theft by receiving. But another party says that I also stole the vehicle can I be charged with both charges?
answered on Sep 10, 2022
The two crimes that you mention require different elements (acts) or mens rea (state of mind) to commit that offense. I don't see how you could convicted of both crimes based upon identical facts. Perhaps, if an individual bought a car that he knew was stolen and then failed to pay for the car... Read more »
It was years back, abusive ex husband I left showed up where I was staying and assaulted me. I had no job and was pregnant. I had no idea the consequences of pleading guilty. I was out on bail. At plea hearing the judge said if I plead not guilty he was going to put me in jail even after my... Read more »
answered on Jul 26, 2022
"It was years back" is a real problem with your case. An overbearing judge may have unintentionally misled you. You were probably not in a state of mind to appreciate what was happening to you at that time as well. What you describe is fraught with problems from a legal perspective.... Read more »
Or would I just have to finish the 3 months? I'm in Arkansas.
answered on Jun 23, 2022
You might have to finish 8 months and more! You are subject to being sentenced to the maximum sentence that you could have received at the time you got the probationary sentence. You might also serve the remainder of your sentence in jail or prison rather than on probation.
My charge was enhanced from simple possession to possession with intent to deliver and manufacturing with no prior drug charge is that legal for the prosecutor to enhance that charge in Arkansas
answered on Jun 7, 2022
The short answer is yes, it can be enhanced based upon several different factors. Weight of the drugs, the way they are packaged, if there are scales or baggies present with the drugs, all of these can factor into an enhancement.
answered on Jun 7, 2022
If you are asking about possession of firearms by certain persons, then yes, there are viable defenses. Knowledge of the firearm is required to be proved to sustain a conviction in these cases. So, if it is not reasonable that you knew or should have known the firearm was present, you may have a... Read more »
My husband was arrested May 26th, 2022, around 10pm for fleeing in vehicle, in addition to outstanding warrants for a class Y delivery charge and FTP on a driving offense. The class Y arrest warrant was issued in Sept of 2019. We had no knowledge of the charges or warrant prior to arrest. He has... Read more »
answered on Jun 6, 2022
"No" is the easy answer. That is, not with the intent to ambush a citizen with a warrant to get an existing bail bond revoked. The problem is that there is no requirement that all existing warrants be served at a given time. Warrants can become stale or subject to attack for several... Read more »
He was arrested on 3rd degree assault on a family member ( me)
answered on May 21, 2022
You should contact the accused's lawyer. Court action is required to set aside the no contact order. Usually, a judge will recall or set aside the order if the alleged victim requests that action. Many judges require some statement in open court from the alleged victim requesting that the... Read more »
answered on May 19, 2022
You should contact the public defender assigned to the court in which you are charged. Do that now. You will be asked some questions about income and assets to assure that you qualify for appointment of counsel. An interview with the defender prior to your court date will allow that attorney an... Read more »
answered on May 18, 2022
When you are loaned property it is considered to be granting you a license to use the property. This license has limits. That distinguishes a loan from a gift. The rightful owner may cancel the license or loan. The fact that one possesses the property initially with the owner's permission does... Read more »
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