answered on Sep 18, 2022
Obtaining a license may not be a problem but, you cannot own or control a firearm for any purpose if you have a felony conviction no matter how long ago you got the conviction. However, you can seek relief through the Governor's office by filing a clemency petition. In appropriate cases the... Read more »
The property that was stolen is a vehicle I did not know that vehicle was stolen so I was charged with theft by receiving. But another party says that I also stole the vehicle can I be charged with both charges?
answered on Sep 10, 2022
The two crimes that you mention require different elements (acts) or mens rea (state of mind) to commit that offense. I don't see how you could convicted of both crimes based upon identical facts. Perhaps, if an individual bought a car that he knew was stolen and then failed to pay for the car... Read more »
It was years back, abusive ex husband I left showed up where I was staying and assaulted me. I had no job and was pregnant. I had no idea the consequences of pleading guilty. I was out on bail. At plea hearing the judge said if I plead not guilty he was going to put me in jail even after my... Read more »
answered on Jul 26, 2022
"It was years back" is a real problem with your case. An overbearing judge may have unintentionally misled you. You were probably not in a state of mind to appreciate what was happening to you at that time as well. What you describe is fraught with problems from a legal perspective.... Read more »
Or would I just have to finish the 3 months? I'm in Arkansas.
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.
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
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.
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 »
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 »
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 »
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 »
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.
He was arrested on 3rd degree assault on a family member ( me)
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 »
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 »
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 »
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 »
It’s a Y felony
answered on Apr 17, 2022
You can try to get a Governor’s Pardon. I charge $2,000.
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.
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 »
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 »
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 »
I completed my parole successfully and have been in no trouble since. I am now 50 years old.
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.
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 »
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 »
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.
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 »
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 »
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