Arkansas Criminal Law Questions & Answers
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's answer
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.
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.
Q: My dad was charged with open container in Jonesboro, Arkansas
W. Whitfield Hyman's answer
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.
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.
Q: Hi i have a few questions about the revocation of probation can anybody help out
James E Hensley Jr's answer
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 your probation order, etc. Most lawyers will answer your question over the phone. The lawyers listed here are great to help. I'll be glad to talk with you too.
It is good you are reaching...
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 your probation order, etc. Most lawyers will answer your question over the phone. The lawyers listed here are great to help. I'll be glad to talk with you too.
It is good you are reaching...
Q: Motion of discovery?
W. Whitfield Hyman's answer
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.
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.
Q: Order to seal and expunge under 5-64-401 act 346 give your gun rights back
James E Hensley Jr's answer
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 have your record sealed, you can petition the Governor to restore your gun rights.
To have your gun rights restored, you will have to file a clemency action with the Governor of the State of...
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 have your record sealed, you can petition the Governor to restore your gun rights.
To have your gun rights restored, you will have to file a clemency action with the Governor of the State of...
Q: Will i ever be able to own guns again. Expunged, Pardoned etc? In Arkansas preferably United States
James E Hensley Jr's answer
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 has ran. You will be wasting your money: and
2) After you have the order to seal and Arkansas Crime Information Center has sealed your record, you can petition the Governor of Arkansas to...
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 has ran. You will be wasting your money: and
2) After you have the order to seal and Arkansas Crime Information Center has sealed your record, you can petition the Governor of Arkansas to...
Q: I pled guilty on a felony in 2008
W. Whitfield Hyman's answer
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.
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.
Q: Is it grounds for a insanity plea if I'm ordered to take a mental evaluation
James E Hensley Jr's answer
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 able to assist his attorney.
For the most part, when a mental evaluation (called Act III in Arkansas) it is done to ensure the defendant is fit to stand trial. Otherwise, any defendant who is...
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 able to assist his attorney.
For the most part, when a mental evaluation (called Act III in Arkansas) it is done to ensure the defendant is fit to stand trial. Otherwise, any defendant who is...
Q: In 1999-2000 I was raped/molested by my then brother in law. Is it too late to file charges in Arkansas?
James E Hensley Jr's answer
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 to help you through this difficult time in your life. I wish you well. I'm sure all the people of Justia and the lawyers who help do so also. You keep fighting!
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 to help you through this difficult time in your life. I wish you well. I'm sure all the people of Justia and the lawyers who help do so also. You keep fighting!
Q: How long will my boyfriend go to jail/prison for the three charges he received
Gary Kollin's answer
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
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
Q: My son was 23 years old and killed by a 16 year old child in 1999.
W. Whitfield Hyman's answer
You could apply for a commutation of sentence, or you could possibly get him resentenced due to some recent case law.
You could apply for a commutation of sentence, or you could possibly get him resentenced due to some recent case law.
Q: Being charged W/negligent homicide & DWI. State police report says .19 BAC and local police say .09 BAC only 1 test?????
2 Answers
| Asked
in
Car Accidents, Criminal Law, DUI / DWI and Wrongful Death
for
Arkansas
on
Answered on Oct 5, 2018
Answered on Oct 5, 2018
James E Hensley Jr's answer
Get a lawyer right away. Probably don’t need to be putting a lot of info on the web.
Get a lawyer right away. Probably don’t need to be putting a lot of info on the web.
Q: What can you do if you can't pay your fines
2 Answers
| Asked
in
Criminal Law, DUI / DWI, Traffic Tickets and Collections
for
Arkansas
on
Answered on Sep 27, 2018
Answered on Sep 27, 2018
W. Whitfield Hyman's answer
If you hire an attorney they may be able to lift the warrant for you.
I recommend Shane Ethridge in that area.
If you hire an attorney they may be able to lift the warrant for you.
I recommend Shane Ethridge in that area.
Q: If I was arrested for 2 klonopins 0.5 mg without a prescription what is my charge in arkansas
Stewart Whaley's answer
Klonopin is a Schedule IV
5-64-419 (4)
A Schedule IV or Schedule V controlled substance with an aggregate weight, including an adulterant or diluent, of:
(A)(i) Less than twenty-eight grams (28g) upon conviction is guilty of a Class A misdemeanor.
However, if you've been convicted 4 times under 5-64-419 or 5-64-401, then it is a Class D Felony.
But, you'd probably know the statutue if that was the case.
Klonopin is a Schedule IV
5-64-419 (4)
A Schedule IV or Schedule V controlled substance with an aggregate weight, including an adulterant or diluent, of:
(A)(i) Less than twenty-eight grams (28g) upon conviction is guilty of a Class A misdemeanor.
However, if you've been convicted 4 times under 5-64-419 or 5-64-401, then it is a Class D Felony.
But, you'd probably know the statutue if that was the case.
Q: How to get off Felony First time offense Probation early in Arkansas?
James E Hensley Jr's answer
The judge sometimes will consent and take your husband off of probation early. We will need the prosecutor to agree also. You have a very good chance of getting the felony sealed from your husband’s record.
Please realize that even though the record is sealed, other agencies such as private.com is Matt still have the information and use it for a background check. The state of Arkansas will clear the record but these other organizations may not get the message. If one of these people...
The judge sometimes will consent and take your husband off of probation early. We will need the prosecutor to agree also. You have a very good chance of getting the felony sealed from your husband’s record.
Please realize that even though the record is sealed, other agencies such as private.com is Matt still have the information and use it for a background check. The state of Arkansas will clear the record but these other organizations may not get the message. If one of these people...
Q: What is the likely scenario given someone wishes to plead guilty to a 3 year old offense of providing tobacco to minors?
W. Whitfield Hyman's answer
You can't be prosecuted for a misdemeanor that is over a year old if there is no warrant out for your arrest.
The statute of limitations has run.
You can't be prosecuted for a misdemeanor that is over a year old if there is no warrant out for your arrest.
The statute of limitations has run.
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