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Arkansas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Arkansas on
Q: I'm on probation and my house was search for probation sweep without my probation officer. Is that legal in Arkansas
James E Hensley Jr
James E Hensley Jr answered on Jan 17, 2021

About 5 years ago, I took this same issue to the Arkansas Supreme Court. The facts sound the same. My client was out on parole and the agreement said his "probation/parole officer" could search my client's home and vehicle. A local officer stopped my guy and searched his car. We... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can I get my records expunged for a3rd degree battery
W. Whitfield Hyman
W. Whitfield Hyman answered on Jan 14, 2021

Yes but it will take five to six years from the date you were convicted. You could also try to get a pardon which would only take about two years.

1 Answer | Asked in Criminal Law and Family Law for Arkansas on
Q: Does a father have legal rights to his child if the mother of child passes away?

Her parents wont let father see the child nor answer his calls je eas very much involved in the childs life.

James E Hensley Jr
James E Hensley Jr answered on Dec 27, 2020

Absolutely. In fact, the father is now the custodian. Depending on the facts and circumstances, he can get an order to pick up the child. Lots of issues here but dad may be in the controlling position. The grandparents will probably try to adopt the child or at least get guardianship. Dad needs to... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: What happens if a defendant never received notice if court date
Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 7, 2020

If a defendant has a court date and fails to appear, the court will issue a bench warrant for that failure to appear.

1 Answer | Asked in Criminal Law and Constitutional Law for Arkansas on
Q: In Arkansas is it legal to walk around in public with a sword that's sheathed?

I know in Arkansas you can carry any sized knife concealed or open carry as long as you don't have any intent to harm anyone. Does this work for swords too?

W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 5, 2020

Yes

1 Answer | Asked in Criminal Law for Arkansas on
Q: Are you aloud a second opinion with another lawyer even if you have already hired one??

i dont feel like he is helping me any what so every never returns phone calls or emails isnt filing all the stuff that should be filed he saying as its a waste of time but its not like he just has no interest!! can i get a second opinion before i end up in prison bc my lawyer dont seem to care!!

James E Hensley Jr
James E Hensley Jr answered on Dec 4, 2020

You can speak with another attorney even though you have retained a lawyer. In fact, most lawyers want their clients to consider other options if a client is not satisfied. The goal is to help a client avoid jail or the repercussions of a criminal charge. I would be very surprised if your lawyer is... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: May an Arkansas resident own an NFA registered machine gun in Arkansas?
W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 2, 2020

Yes

1 Answer | Asked in Criminal Law for Arkansas on
Q: How can i get a lawyer for adc inmate charged
James E Hensley Jr
James E Hensley Jr answered on Nov 15, 2020

Hello there. I'm having trouble understanding your question. Are you wanting an inmate's LAWYER charged? Perhaps you want a lawyer for an ADC inmate?

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Arkansas on
Q: Can a Grandparent keep their grandchild from her mother without a court order?

My 21 year old daughter has a 7 month old baby. My daughter has been battling with drug addiction on and off for about 5 yrs. Recently she dropped her baby off at her fathers house to stay for a few days. When she returned to pick her baby up her father refused to let her have her baby. He says he... Read more »

Josh A. Eason
Josh A. Eason answered on Oct 7, 2020

If your daughter was never married to the father and he has never been adjudicated the father by the Court then no. However, he can petition the court for paternity and custody. The father can also file an ex parte emergency custody petition with his paternity action to get immediate custody if the... Read more »

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1 Answer | Asked in Criminal Law and DUI / DWI for Arkansas on
Q: 5-65-103 1ST         DRIVING WHILE INTOXICATED - DWI 1ST; MU I'm needing to know what the MU means
James E Hensley Jr
James E Hensley Jr answered on Oct 4, 2020

"MU" means "Misdemeanor Unclassified." In Arkansas Misdemeanors are classified as

A Up to 1 year in the county jail and $2,500. This is for DWI 1.

B Up to 90 days in the county jail and $1,000.

C Up to 30 days in the county jail and $500 fine.

U...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: My question is can a guilty plea be overturned because the person felt that he was forced to take a guilty plea

My son was charged with third degree to sexual assault on his neice the attorney he had at the time they fired her my son has been in there 7 years now and my granddaughter which is his niece has told a new family member that her mother force her lie about her uncle that if she didn't her... Read more »

W. Whitfield Hyman
W. Whitfield Hyman answered on Sep 25, 2020

Yes it is possible. It is best if you learned about this stuff after the plea, call attorney Michael Kaiser in Little Rock he does this kind of work.

1 Answer | Asked in Criminal Law for Arkansas on
Q: I have a nieghbor who is threatning harm to me and other cops cant arrest him he is even using pittbull as threatning ?

He has made gang claims of AB and made threats of calling gang member to kill me after cops leave he has made threats with a pittbull he has came at me violently in front of witnesses he is mental person go to mental hospital alot so cops dont seem to want to make a legit case are whole... Read more »

James E Hensley Jr
James E Hensley Jr answered on Jul 14, 2020

The police are having issues because they must see the event occur. This neighbor most-likely does not act out in front of the police. You can file a complaint with your local prosecutor. Someone from the Prosecutor's office will review your statement and then make a decision whether or not to... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Arkansas on
Q: Does state of Arkansas follow federal law concerning felon in possession of pre-1899/antique muzzleloading firearms.

I was wondering if the state of Arkansas follows federal law concerning felon in possession of antique/pre-1899 muzzleloading firearms. I know that federal law does not prohibit us from using/possessing these types of firearms. I am unsure if the state has any Laws regarding them, and if they do,... Read more »

W. Whitfield Hyman
W. Whitfield Hyman answered on Jun 29, 2020

You can't possess those in Arkansas as a felon, but air rifles are probably legal.

You can get a pardon from the governor if the conviction was in Arkansas.

1 Answer | Asked in Criminal Law for Arkansas on
Q: I had a detective ask me to come in to answer some questions about harassment. How much trouble Am I in?

My dtr won’t speak to me. I called her husband several times he won’t answer. I sent my dtr a text letting her know I would like to talk, if not I would see a lawyer and file for visitation.

Stewart Whaley
Stewart Whaley answered on May 27, 2020

Without all of facts, messages, etc. it is not possible to determine. It could be a misdemeanor, it could be a felony. Either way, you are not required to speak with the detective. You should consult an attorney and present more information during the consult. Don't put any additional... Read more »

2 Answers | Asked in Criminal Law for Arkansas on
Q: I was arrested 7-5-17 my latest trial date now is 10-27-20 ]more than 3 years after my arrest do I need a accountant
W. Whitfield Hyman
W. Whitfield Hyman answered on May 23, 2020

There might be a speedy trial issue but it depends on whether or not the judge has been taking the time.

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1 Answer | Asked in Criminal Law for Arkansas on
Q: How does a man with 2 counts of 1st degree sexual abuse get off the registry and what do they have to do
Stewart Whaley
Stewart Whaley answered on May 19, 2020

Does he live in Arkansas? Was the conviction in Arkansas or out-of-state? Are the charges in the same case or separate cases? If convicted in two separate cases (different case numbers) he is not eligible for removal.

If the conviction is an aggravated offense or the offender level is 4,...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: Facing a class y felony charge with methamphetamine, paraphernalia and a firearm.. what are my best options?

Will hiring a good lawyer and taking a rehab course reduce my sentence?

James E Hensley Jr
James E Hensley Jr answered on May 17, 2020

Most certainly. Speak with several attorneys. Ask them how many jury trials they have had. Anything more than 25 is pretty good. Please realize that most criminal jury trials are not won. In fact, having jury experience is respected by Prosecutors. Thus, the offers are better for attorneys with... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Is the legal effect of old criminal expungement law still valid from 2007, although it was completely replaced in 2014?

I have a class D felony expunged in Arkansas. The conviction is from 1996 and the order to seal was issued in 2007. At that time in 2007 all civil rights including the right to possess firearms, were part of the expungement effect. However as of 2014 the law was repealed and under the new law,... Read more »

W. Whitfield Hyman
W. Whitfield Hyman answered on May 5, 2020

The new law won't impact your old expungement. You should check with ACIC (Arkansas Criminal Information Center) to see if you have your firearm rights.

1 Answer | Asked in Traffic Tickets and Criminal Law for Arkansas on
Q: Tonight I was written a ticket for contributing to the delinquency of a minor in Arkansas , what should my next step be

The cops showed up because a buddy who wasn’t there has a crazy girlfriend, and she showed up looking for him and then called the cops and told them a lie about somebody who was really drunk and left the house. Nobody was really drunk but a few people had a couple drinks at my house.

James E Hensley Jr
James E Hensley Jr answered on Mar 28, 2020

Thank you for reaching out. The citation is a class A Misdemeanor in Arkansas. This is up to one year in the county jail and up to $2500 fine if you plead guilty or are found guilty by a Judge. The charge may stay on your record forever. You can seal this record though. Depending on which court... Read more »

1 Answer | Asked in Constitutional Law and Criminal Law for Arkansas on
Q: The police arrested my friend for having a handgun in his pocket. Isn’t Arkansas a permitless carry state taff v state?
W. Whitfield Hyman
W. Whitfield Hyman answered on Mar 5, 2020

Yes and another case came down Thursday confirming that again. These police officers broke the law and your friend could probably sue them. I defend these cases and sue over constitutional violations, another attorney and I just won this case:

See:...
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