Lawyers, Answer Questions  & Get Points Log In
Arkansas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Arkansas on
Q: I am on probation for 8 more months. If I absconded for 5 months, when caught, would I have to finish out the 8 months?

Or would I just have to finish the 3 months? I'm in Arkansas.

Richard Lane Hughes
Richard Lane Hughes
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.

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can a drug charge be enhanced if I had no prior drug conviction in Arkansas

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

Degen Clow
PREMIUM
Degen Clow
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.

1 Answer | Asked in Criminal Law for Arkansas on
Q: are there any viable defenses on a certain persons charge
Degen Clow
PREMIUM
Degen Clow
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 »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Is the state of Arkansas required to serve all outstanding warrants at the time of a suspects arraignment?

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 »

Richard Lane Hughes
Richard Lane Hughes
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 »

1 Answer | Asked in Criminal Law for Arkansas on
Q: If I was found guilty but my co-defendant gets his thrown out can I have mine thrown out also?

I was convicted of a drug charge. I had a public defender and plead out to one-year probation. My code defendant has hired private counsel and has not plead out yet. But I see where they are attempting to have the case dismissed. If he is successful in his attempt at having his case thrown out what... Read more »

W. Whitfield Hyman
W. Whitfield Hyman
answered on Jun 3, 2022

You could appeal your plea or file a rule 37 ineffective assistance of counsel or writ of error coram nobis. These are all very expensive remedies, I recommend Michael Kaiser in the Little Rock area for appeals and rule 37s.

1 Answer | Asked in Criminal Law and Domestic Violence for Arkansas on
Q: How do I get a no contact order lifted ( I'm the victim)& am I subject to punishment if I contact the defendant??

He was arrested on 3rd degree assault on a family member ( me)

Richard Lane Hughes
Richard Lane Hughes
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 »

1 Answer | Asked in Criminal Law for Arkansas on
Q: What do I do if I have been charged with misdemeanor theft of property an can't afford a attorney
Richard Lane Hughes
Richard Lane Hughes
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 »

1 Answer | Asked in Criminal Law for Arkansas on
Q: A friend loaned me there vehicle when I did not return it after 3 days the cops were called and I even had there keys
Richard Lane Hughes
Richard Lane Hughes
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 »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can I be charged with shoplifting if I never left the store?
Richard Lane Hughes
Richard Lane Hughes
answered on May 18, 2022

Yes. Concealing of merchandise while inside the store is sufficient to be charged with the offense. However, there may be a circumstance where "concealing" the merchandise was inadvertent or unknown to the accused. In that case, an accused may not have formed the requisite criminal intent... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: I was convicted of a felony at age 18. I am now 39 is there any way to get it off of my record?

It’s a Y felony

W. Whitfield Hyman
W. Whitfield Hyman
answered on Apr 17, 2022

You can try to get a Governor’s Pardon. I charge $2,000.

1 Answer | Asked in Criminal Law for Arkansas on
Q: For possession on delivery of meth. With hx of probation violation. Will he be able to bond out. Should we get a lawyer

My bf has charges of possession controlled substance, possession on delivery, possession meth. He is on probation, but has not reported or paid in over a year. He is set for bond hearing on Monday.

Richard Lane Hughes
Richard Lane Hughes
answered on Apr 17, 2022

He is entitled to have a bond set pursuant to the Arkansas Constitution. The dollar amount of the bond or other conditions are set by the court after considering a number of things that include whether bf is a flight risk. His failure to observe the conditions of his probation will almost certainly... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: I'm facing felony gun on school property charges what should I expect the plea bargin to be?
W. Whitfield Hyman
W. Whitfield Hyman
answered on Apr 2, 2022

Depends on where it is. However, I wouldn’t be so sure that you were guilty.

Have you read the defenses to having a handgun on school property? They are kind of odd. These aren’t even all of them as I think another one is found outside the statute:

e) It is permissible to...
Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Arkansas on
Q: If I am on parole in arkansas and just got a dwi is that going to send me back to prison?
Richard Lane Hughes
Richard Lane Hughes
answered on Mar 23, 2022

That is a question that cannot be answered without knowing all pertinent facts. However, you should know that a DWI does not mean that your parole will be revoked automatically. First, you should report the charge to your parole officer. That is your responsibility. Your PO will likely know about... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can i own a gun in Arkansas if i was convicted of a felony 20 years ago in Texas. My charge was non violent.

I completed my parole successfully and have been in no trouble since. I am now 50 years old.

Richard Lane Hughes
Richard Lane Hughes
answered on Mar 19, 2022

You can lawfully own a gun in Arkansas ONLY after you have been conditionally or fully pardoned by the Governor.

The good news is that the Governor or Governor's Office seems to favor a limited pardon in cases like you describe.

I suggest that you contact his office for more information.

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can I be charged with a felony if I don't cooperate?

I was pulled over for tags out of date and a car that was not mine I use my friend's car to go to work they took me to jail for driving on suspended after I was at the jail a police officer later came in and told me that I was being either charged or I could talk to a detective about the drugs... Read more »

Richard Lane Hughes
Richard Lane Hughes
answered on Mar 19, 2022

No, you cannot be charged with a felony because you will not cooperate in the circumstances that you describe. However, it sounds as if the police made a valid stop (tags expired) and law enforcement can conduct an inventory search without consent when a vehicle is impounded.

You were...
Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Arkansas on
Q: My husband was late for court today he was supposed to be there at 9 this morning and then at 1 this afternoon but late
Richard W. Noel
Richard W. Noel
answered on Mar 14, 2022

what's your question? If he showed up to court, he'll likely go in front of the judge for the hearing, despite being late.

1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Arkansas on
Q: In December of 2021, my child’s father and I were doing a drop off. During which..

I asked him why he was not answering any of my calls/text regarding our child. He decided to flip the switch and play victim. “I don’t have to speak to you.” Okay but we have a child together. There is no reason for us to be bitter and fight. The conversation turned bitter and he finally... Read more »

Richard W. Noel
Richard W. Noel
answered on Mar 12, 2022

Yes. At the end of the day, it's up to the prosecutor whether charges against you proceed. A victim's wishes are only part of the equation. You're also admitting to assaulting the victim on a public website. Not recommended. I do suggest you speak with an attorney in your area who... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can you search district court records for free
W. Whitfield Hyman
W. Whitfield Hyman
answered on Mar 3, 2022

Most district courts are not on this search engine but quite a few are:

https://caseinfo.arcourts.gov/cconnect/PROD/public/ck_public_qry_main.cp_main_idx

1 Answer | Asked in Criminal Law for Arkansas on
Q: My brother probation has been revoked (first offender) would there be anyway to possibly avoid jail time
Richard Lane Hughes
Richard Lane Hughes
answered on Feb 19, 2022

You may mean that some sort of revocation proceeding has been commenced to revoke your brother's probation. There is a process that includes a fact finding element. The revocation proceeding does not mean that he will go to jail or prison. What set in motion the proceedings? Did brother commit... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: I was in a bar fight in 2016, recieved battery felony''. No fines, no restitution, no jail, probation. Com service.

What would be the best way to restore my God given rights to bear arms?

W. Whitfield Hyman
W. Whitfield Hyman
answered on Feb 11, 2022

Nothing took away your God given right to bear arms, not even a felony conviction. You may still carry a firearm, but you will be arrested and put in prison for an extended period for doing so.

To restore your legal right to bear arms in Arkansas, you will most likely need a Governor’s...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.