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Arkansas Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law for Arkansas on

Q: Can I be charged with possession of meth and drug paraphernalia at a house that I own but is unoccupied??

My sister and I own a house that was our mons. I was recently arrested and charged wirh meth possession charges and a paraphernalia charge for things found in my yard of this unoccupied house that I own with my sister. It was searched because of a separate crime the cops r trying to charge me... Read more »

James E Hensley Jr answered on Jun 13, 2019

With the facts you mention, it would seem odd that you were arrested. Perhaps there are other issues going on? Either way, you were charged because the police believe you to be involved. The prosecutor is obliged to give you a copy of all the documents and facts that will be used against you.... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on

Q: I was charged with a felony by my girlfriends son who told me before that I better watch my back. is that a conflict of

should the case be dropped

W. Whitfield Hyman answered on Jun 9, 2019

Your girlfriend's son does not have the power to charge you with a felony and he did not do so.

The police and the prosecutor are the only ones with that power. Your gf's son complained to them, and they charged you.

If it is a conflict of interest, I'm sure the judge and jury would...
Read more »

1 Answer | Asked in Criminal Law for Arkansas on

Q: My friend lives with someone . Borrows his car daily , even has the spare key

Person gets upset with friend and reports his vehicle stolen , is this theft by receiving charge ? Or any charge at all

W. Whitfield Hyman answered on Jun 7, 2019

If they were given permission then it would not be a crime. If permission was revoked and communicated to the person borrowing the car that is an unauthorized use charge or a theft of property charge based on the circumstances.

1 Answer | Asked in Criminal Law for Arkansas on

Q: If visiting someone else's home and not answering the door for police obstruction of government operation?

Was recently visiting a friend home when police came to arrest him. My friend ordered me to be quiet and to not answer the door.when please got the door open they charge me with obstructing goverment operation? With it not being my home and me instructed by the home owner not to open the door... Read more »

W. Whitfield Hyman answered on Jun 6, 2019

Sounds like you're should fight this and sue the officers later.

1 Answer | Asked in Criminal Law for Arkansas on

Q: If I am on driving probation with a careless or prohibited driving go against that.

I was put on 6 months probation after speeding ticket. I went around a barricade to see where the flooding water had gotten to. Officer gave me a careless prohibited driving

W. Whitfield Hyman answered on May 27, 2019

Yes, an attorney may be able to still help you keep both off your record though.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Arkansas on

Q: On Felony probation n was told I'll be starting minimum supervision, I see my PO once/month now so how often is minimum

Hi I'm on felony probation in Arkansas but was told I'll be starting minimum supervision, I see my PO once/month now so how often is minimum? TIA

Gary Kollin answered on May 12, 2019

Why didnt you ask your probation officer?

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on

Q: Will i be convicted if im a felon who was holding a gun for someone that ended up being stolen

Degen Clow answered on Apr 1, 2019

You can not possess a firearm if you are a felon, even if it is not yours and you are just holding it for someone.

1 Answer | Asked in Criminal Law for Arkansas on

Q: I am need to know more about sexual indecency with a minor. My son is in some trouble for it

James E Hensley Jr answered on Mar 12, 2019

Thank you for reaching out. The subject here will require a phone call or visit with an attorney. There are several good attorneys on this website.

1 Answer | Asked in Criminal Law for Arkansas on

Q: My dad was charged with open container in Jonesboro, Arkansas

But he was the driver and the container was empty in the backseat and the cop did a breathalyzer and my dad scored a 0.0 so why did he still get charged?

W. Whitfield Hyman answered on Feb 12, 2019

I just pulled the statute, if the container was truly empty then your dad might have a case for suing the police officer over this false charge.

1 Answer | Asked in Criminal Law for Arkansas on

Q: Hi i have a few questions about the revocation of probation can anybody help out

I just got a revocation i have court monday and dont understand anything going on

James E Hensley Jr answered on Jan 30, 2019

You need to talk with a lawyer. You could go to prison from one year to several years. Being revoked means you did not follow the Court's orders regarding your probation. Your question is very broad. We need to know where the case is, the Judge's name, your charges, your name, the specifics of... Read more »

1 Answer | Asked in Criminal Law for Arkansas on

Q: Motion of discovery?

My sister got a delivery charge, due to the affidavit she was caught on tape.. her public defender says he saw the video but the only way she could see it for herself was to go to trial and would lose her chance to take a plea. Is this right?

W. Whitfield Hyman answered on Jan 18, 2019

If there is a CI you can get their name and let the defendant watch the video, but then the prosecutor has a right to change the offer for the worse or just set it for trial.

You have a right to Discovery but no right to an offer.

1 Answer | Asked in Criminal Law for Arkansas on

Q: Order to seal and expunge under 5-64-401 act 346 give your gun rights back

In 2002 I plead guilty of 5-64-401 with seales and expunged record and was told I would have my gun rights back

James E Hensley Jr answered on Jan 10, 2019

Well, gun rights are sort of tricky in Arkansas and some states. The statute of which you speak is drugs. You are probably eligible to have your record sealed. It sounds like your record has been sealed. If so, you can vote and don't have to admit that you have ever been arrested. After you... Read more »

1 Answer | Asked in Criminal Law for Arkansas on

Q: Will i ever be able to own guns again. Expunged, Pardoned etc? In Arkansas preferably United States

I have a 3rd degree battery charge already over a year old. Temporary restraining order was dismissed court fees paid in full. If i get it expunged or pardoned will i retain my gun rights back

James E Hensley Jr answered on Jan 3, 2019

To have your gun rights, there are a couple things required:

1) You must have your record sealed. A Battery III can be sealed five years after you are finished with probation, payment of fees, restitution, costs, etc. Don't bother filing anything with the Governor or ACIC until the time...
Read more »

1 Answer | Asked in Criminal Law for Arkansas on

Q: My 15 year old stepson was droped off with my wife and I about 3 months ago. His step mom claiming she had woke up with

Him masterbating to her. Missiouri police called today saying we have to bring him there so they can talk to him. What should i do

James E Hensley Jr answered on Dec 29, 2018

GET A LAWYER BEFORE YOU GO. DONT TAKE HIM TO MISSOURI

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on

Q: I pled guilty on a felony in 2008

I pled quilty in 2008 for felony of poss controlled substance and manufacturing ...no prison time 5 yrs probation and I went to 90 day drug rehab I've done the 180 program I've not been in any trouble since aside from a speeding ticket is there any chance of restoring my right to bare arms gun... Read more »

W. Whitfield Hyman answered on Dec 28, 2018

Yes but you will have to apply for a pardon from the governor unless you were sentenced under a specific act that will allow the judge to restore your rights.

2 Answers | Asked in Criminal Law for Arkansas on

Q: Is it grounds for a insanity plea if I'm ordered to take a mental evaluation

James E Hensley Jr answered on Dec 24, 2018

Perhaps. A mental evaluation is ordered for a defendant when the Judge, your lawyer, or the Prosecutor believe you may not understand the gravity of the situation. In Arkansas, to be fit to stand trial is a fairly low burden. The defendant must 1) understand the charges against him and 2) be... Read more »

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1 Answer | Asked in Criminal Law for Arkansas on

Q: In 1999-2000 I was raped/molested by my then brother in law. Is it too late to file charges in Arkansas?

I haven't come forward before as I buried the horrific memories until they surfaced approximately 18 months ago. When the assaults occurred I was only 14-15.

James E Hensley Jr answered on Nov 30, 2018

This is a criminal law question. Your lawyer will be the prosecuting attorney in the county in which you live. You should start out by calling your local police department and making a complaint. You can also call the prosecutor directly. They have wonderful people who have been trained on how... Read more »

1 Answer | Asked in Criminal Law for Arkansas on

Q: How long will my boyfriend go to jail/prison for the three charges he received

The charges were terroristic threatening, aggravated assault, and criminal mischief.

They were all first offense

Gary Kollin answered on Oct 21, 2018

No internet attorney can answer that question.

Without knowing his past history totally, the length of his involvement, who was threatened, how threatened among so many others it would be impossible to speculate

1 Answer | Asked in Criminal Law for Arkansas on

Q: How much do you charge to represent someone for first degree battery with intent to harm he dont remember any of it ?

Hes been in trouble 2 times before

James E Hensley Jr answered on Oct 16, 2018

Call me

1 Answer | Asked in Criminal Law for Arkansas on

Q: My son was 23 years old and killed by a 16 year old child in 1999.

I am the victim I believe he is remorseful. And I believe he would be a law abiding citizen. How can I get an early release for him.my heart go out to him,two lives are wasted, my son and this young man. I am using my own money for an attorney for him. What can I do?

W. Whitfield Hyman answered on Oct 14, 2018

You could apply for a commutation of sentence, or you could possibly get him resentenced due to some recent case law.

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