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Arkansas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Federal Crimes and White Collar Crime for Arkansas on
Q: I was criminally banned by someone who claimed to be the owner, how does the owner get that lifted?

My spouses, ex has been harassing me. have proof of her constantly threatening me and even attacking me. she has broken into my previous residence. I moved in with him and she broke in into the house when he was away. 2020 Arkansas Code Title 5 - Criminal Offenses Subtitle 4 -Offenses Against... View More

James L. Arrasmith
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answered on Mar 13, 2024

If the owner of the property wants to lift a criminal trespass ban they previously issued against you, they would need to follow these general steps:

1. Contact law enforcement: The owner should reach out to the law enforcement agency that initially handled the criminal trespass notice and...
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1 Answer | Asked in Criminal Law, Communications Law, Federal Crimes and Civil Rights for Arkansas on
Q: Is this illegal

There another tenant from another building coming over to my parking lot area(really close to my apt) possibly my balcony and filming my conversation where as I talking inside. It film audio and video by phone.

James L. Arrasmith
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answered on Mar 8, 2024

If another tenant is filming your conversations without consent, especially when you are inside your own apartment, this could potentially violate privacy laws. The legality of such actions largely depends on the jurisdiction and specific state laws regarding privacy and consent for recording... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arkansas on
Q: I feel like I was forced to take a plea offer on three possession charges by a corrupt court. Can I do anything?
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answered on Mar 7, 2024

If you believe that you were forced to accept a plea deal and that the court was corrupt, you may have some options to challenge your conviction and/or seek justice. However, the path forward can be complex and may require the assistance of a skilled attorney. Here are some potential steps you can... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: How long does a DA have to file a formal case against someone who has been arrested and has been in jail 2 months?

His prior 25 year sentence was overturned on appeal and he was released just 2 months before being arrested again (after serving over 2 years). He requested a public defender at his initial hearing. He still hasn't been assigned one. He can't afford bail. No formal charges have been... View More

James L. Arrasmith
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answered on Feb 24, 2024

In many jurisdictions, there are specific time limits within which formal charges must be filed after an arrest. These time limits, known as statutes of limitations, vary depending on the nature of the offense and the laws of the state. However, the precise time limit for filing charges can be... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Arkansas on
Q: If a person is detained and handcuffed on the ground can a state trooper run up and kick u in the face?can I file lawsui

Somebody was handcuffed and on ground not moving and a state trooper runs up and kicks them n face so hard immediately ambulance was called on scene cae blood was coming out his eye the EMT said take to emergency. Make sure socket wasn't broke and his eye is filled with blood bad this is not... View More

James L. Arrasmith
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answered on Feb 23, 2024

It is never acceptable for law enforcement officers to use excessive force, especially against individuals who are already restrained and not posing a threat. Such actions violate the individual's rights and may constitute police brutality. If you or someone you know has experienced such... View More

1 Answer | Asked in Criminal Law, Employment Law and Civil Rights for Arkansas on
Q: Can a convicted felon get a job somewhere that sells guns?

A friend of mine has applied for a job that sells weapons much like Walmart or any other southern store. He was going to be hired however one of the employees at said store knew of his prior conviction. She stated that she would not work with her due to law stating a convicted felon cannot work... View More

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answered on Feb 23, 2024

In general, federal law prohibits individuals who have been convicted of a felony from possessing firearms. However, when it comes to employment in establishments that sell firearms, the regulations can vary depending on state laws and the specific policies of the employer. Some states may have... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: "What justifies ones position of a drug or defines legal positionin the state of Arkansas"

If an unidentified backpack was found in somebody's home containing drugs or a substance of the such who would be considered legally in possession of those in the state of Arkansas

James L. Arrasmith
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answered on Feb 23, 2024

In the state of Arkansas, legal possession of drugs or substances is typically determined by factors such as knowledge, control, and intent. If an unidentified backpack containing drugs or a substance is found in someone's home, several factors would be considered in determining who is legally... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: I was passenger of vehicle that got pulled over in Crawford Arkansas owner and driver sign affidavit that I had no know

Knowledge of drugs in his vehicle and he accepted full responsibility to his crime

Richard Lane Hughes
Richard Lane Hughes
answered on Feb 11, 2024

If you were charged with possession it is based upon the legal notion of joint possession. Often prosecutors will charge a passenger or cotenant with knowingly possessing contraband when they are in a reasonable proximity to the substance even if it belongs to another person. The truth is that... View More

2 Answers | Asked in Criminal Law and Civil Rights for Arkansas on
Q: I am on probation in Arkansas , signed for four years back in 2020 . I absconded after about 9 months . I did a 90 day

P.V. this year just got out not even 2 months ago. I missed my 2nd office visit due to weather they were closed. However I never made another appointment. To follow up. I got a job back in another county and was trying to transfer. My boss contacted an faxed paperwork to my p.o. it's only... View More

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answered on Jan 29, 2024

In Arkansas, probation officers have the authority to report a probation violation if they believe a probationer has not complied with the terms of their probation. This can include failing to report for scheduled appointments, even if there were extenuating circumstances like bad weather.... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Arkansas on
Q: I am on probation in Arkansas , signed for four years back in 2020 . I absconded after about 9 months . I did a 90 day

P.V. this year just got out not even 2 months ago. I missed my 2nd office visit due to weather they were closed. However I never made another appointment. To follow up. I got a job back in another county and was trying to transfer. My boss contacted an faxed paperwork to my p.o. it's only... View More

T. Augustus Claus
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answered on Jan 29, 2024

In Arkansas, probation is a legal arrangement where compliance with specific terms and conditions is mandatory. If you absconded from probation initially and then missed a follow-up appointment after a 90-day parole violation (PV) sentence, your probation officer (PO) labeling this as absconding... View More

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1 Answer | Asked in Personal Injury, Civil Rights, Federal Crimes and Criminal Law for Arkansas on
Q: I went to jail. The 1st & 3rd I was raped in the cell by a male trustee
James L. Arrasmith
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answered on Jan 29, 2024

I'm truly sorry to hear about your experience in jail. Sexual assault is a serious matter, and it's crucial to take immediate action. First and foremost, seek medical attention to address any physical injuries and collect evidence.

Contact law enforcement to report the sexual...
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1 Answer | Asked in Criminal Law and Constitutional Law for Arkansas on
Q: I have also been harassed by a neighboring tenant when I am a property owner of 25 years. No investigation and dismissed

After 25 years a tenant moved in 5 years ago next door. They trespassed the very first night. It escalated to property damage. Then terroristic threatening. Along with criminal mischief and defamation. Because of my reaction to the lackadaisical type of treatment I was given I've been written... View More

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answered on Jan 27, 2024

I'm very sorry to hear about the horrible harassment you have endured from a neighbor for years without getting sufficient help from law enforcement. Your frustration is completely understandable. While the authorities dismissing your concerns is undoubtedly unfair, there may still be some... View More

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

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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

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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

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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

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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??

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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
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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
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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

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