Lawyers, Answer Questions  & Get Points Log In
Arkansas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Arkansas on
Q: Can a charge of 2nd degree battery be upgraded after sentencing if the victim dies?
Richard Lane Hughes
Richard Lane Hughes answered on Jan 4, 2022

Yes, it can be amended. That is unless the defendant can show actual prejudice. That is nearly impossible in practice. It is discretionary with the Court and that discretion is given great weight.

1 Answer | Asked in Criminal Law and Traffic Tickets for Arkansas on
Q: I got pulled over and they found and empty unused syringe in my truck but my record is clean. What do I do??

I've never had a charge. My record is squeaky clean.

Degen Clow
Degen Clow answered on Dec 31, 2021

It sounds like you may have some good facts to fight your case with. You should visit with a defense attorney to get an assessment of your case and possible defenses.

2 Answers | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: Can a first time offender get a bond for class Y felony in court?

SIMULTANEOUS POSSESSION OF DRUGS AND FIREARMS

Degen Clow
Degen Clow answered on Dec 31, 2021

Yes, all crimes that are not capital offences are eligible for bonds in Arkansas.

View More Answers

1 Answer | Asked in Criminal Law for Arkansas on
Q: I was convicted of a class d felony in 2014. I completed my probation & paid my fines.

I was told by my public defender that my record would be sealed after I completed my sentencing and I would get my gun rights back because my business(and only means of income) is duck hunting lodge. However I recently was in traffic stop and the officer informed me that my record still shows... Read more »

Degen Clow
Degen Clow answered on Dec 31, 2021

You should visit with a defense attorney about your case. Depending on how you were sentenced, you may still need to file certain motions and orders to have the charge removed from your record.

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can you be charged with theft by receiving if you didn't know the property was stolen or if the property was returned

A friend asked me to allow him to bring some of his tools to my house cause him and his wife was fighting and I had no problem with that then the police show up with him in the vehicle and find the property and take me to jail and charge me with theft by receiving. Even after he told the police I... Read more »

Richard Lane Hughes
Richard Lane Hughes answered on Dec 28, 2021

Sadly, you can be charged with about anything when the police and prosecutor want to charge you. The question is: Can you be convicted?

You have to have the requisite intent to commit a crime to be found guilty. That intent can be proved by circumstantial as well as direct evidence. For...
Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Arkansas on
Q: I got pulled over and they found and empty unused syringe in my truck but my record is clean. What do I do??

I've never had a charge. My record is squeaky clean.

Richard Lane Hughes
Richard Lane Hughes answered on Dec 11, 2021

I assume that you were charged with possession of drug paraphernalia. First, did the police have cause to stop you and to search your vehicle? Did you consent to a search? Was the unused needle in your vehicle for a legitimate reason? There are many facts that may determine the course that you take... Read more »

1 Answer | Asked in Traffic Tickets and Criminal Law for Arkansas on
Q: can a police officer pull you over because he said he couldn't see your license plate

it was night time and an officer pulled me over because he said he couldn't see my license plate even though there was no obstruction and he was well over 50 ft away

W. Whitfield Hyman
W. Whitfield Hyman answered on Nov 28, 2021

No, not if the light was working that illuminates the license plate.

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and Traffic Tickets for Arkansas on
Q: Possession of marijuana in van buren Arkansas!
W. Whitfield Hyman
W. Whitfield Hyman answered on Nov 4, 2021

You didn’t post the question

1 Answer | Asked in Criminal Law and Employment Discrimination for Arkansas on
Q: I am a lawyer but I have never done a Petition for Involuntary Commitment. I was wondering if anyone had a sample form?
W. Whitfield Hyman
W. Whitfield Hyman answered on Oct 18, 2021

In Sebastian County we just fill this out and give it to the prosecutor. Call the prosecutor they probably have a form. Here is what we do:

https://www.sebastiancountyar.gov/Portals/0/Content/ProsAtty/MI%20PACKET-full%202.pdf

1 Answer | Asked in Criminal Law, Landlord - Tenant and Patents (Intellectual Property) for Arkansas on
Q: So if I was homeless and know of a home thats empty and been empty for years can I squat in it and make ot mine ? If so
Kevin E. Flynn
Kevin E. Flynn answered on Sep 24, 2021

This question was routed to patent attorneys that work with inventors. That is not the right group of lawyers to answer this. It does not sound like landlord-tenant either.

In real estate law there is a little used provision called adverse possession that was left over from a much...
Read more »

1 Answer | Asked in Contracts, Criminal Law, Civil Rights and Communications Law for Arkansas on
Q: what do you need to become a lawyer?

what is all the steps to becoming a lawyer

W. Whitfield Hyman
W. Whitfield Hyman answered on Sep 21, 2021

1. Graduate High School or earn a GED.

2. Earn a bachelor’s degree in anything from a college. Takes about 4 years.

3. Take the LSAT while in college (maybe they allow other tests now I’m not sure).

4. Complete law school (3 years).

5. Pass the bar exam in the...
Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: My son was arrested and booked under wrong name at no fault of his... In Arkansas can we get charges dropped because of

He's charged with 3 misdemeanor if that matters any

Degen Clow
Degen Clow answered on Sep 2, 2021

It is specific to the facts of his case. If the officers intended to arrest him and subsequently input the wrong information into the booking system, that will not be enough to get the charges dismissed by itself. However, if he was the wrong person and should never have been arrested, then... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: Is it a crime to drive with loaded guns without a permit
Degen Clow
Degen Clow answered on Sep 2, 2021

The Attorney General has provided a position statement regarding caring firearms in Arkansas. I have attached the link: https://arkansasag.gov/wp-content/uploads/2015-064-1.pdf

View More Answers

1 Answer | Asked in Criminal Law for Arkansas on
Q: If I was caught with 56 grams of meth but none of the factors for purpose to deliver can they still charge me with it
Degen Clow
Degen Clow answered on Sep 2, 2021

You can always be charged, but whether the state can meet the factors required to convict you of possession with purpose is a different story. The statute contains very specific factors and their is a lot of case law that governs this area of the law. An experienced criminal defense attorney can... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: How long before I can get a real job with a theft of property with a felony charge I believe its a C felony?

I worked in a daycare passed a background and also am now working with a retailer that also did a background but now im looking at a better opportunity but I was curious if this charge could get in my way?

Degen Clow
Degen Clow answered on Sep 2, 2021

If you have completed all the terms of your sentence (done with probation, paid all fines, etc...) then you have the ability to seal the charge so it will not show up and hurt your job opportunities. You should talk with an experienced Criminal Defense Attorney and they can evaluate your ability... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: What is the likely hood of doing prison time for a 2nd degree battery and being a 1St time offender
Degen Clow
Degen Clow answered on Sep 2, 2021

This ultimately depends on the facts of the case, the court you are in and the prosecutor handling the case. However, in general, with the help of a good lawyer you should be able to avoid doing prison time.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Arkansas on
Q: is it legal for an officer to bring out k9 on my vehicle over a traffic violation and no warrant or probrital cause

they stopped me originally over a tag lights being out and immediately started wanting to search my vehicle for no reason wat so ever

W. Whitfield Hyman
W. Whitfield Hyman answered on Aug 27, 2021

They have to have reasonable suspicion to ruin the dog or they have to have another person running the dog while they continue writing you a traffic ticket

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: Must I provide id upon request
W. Whitfield Hyman
W. Whitfield Hyman answered on Jun 23, 2021

Not unless there believe you’re a witness to a crime or have reasonable suspicion to believe you have committed a crime.

1 Answer | Asked in Criminal Law, Insurance Bad Faith and Insurance Defense for Arkansas on
Q: Should I plead guilty or not guilty to insurance fraud? Class D felony first time offender can't afford a attorney

Basically I got In a wreck a while back (was not at fault) and bought an insurance claim right after I got out of the car. The insurance investigator asked and I lied and said it was before. No money was ever given to me nor was the car fixed and I was making a statement that I wasn't trying... Read more »

Richard Lane Hughes
Richard Lane Hughes answered on Jun 19, 2021

I don't know if I completely understand the facts of your case. However, that alone is a reason for you to have an attorney. That is, to help you communicate with the prosecutor as well as the court.

Plead not guilty and advise the court that you cannot afford an attorney. You are...
Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can a prosecutor be a public defender in the state of Arkansas?
Richard Lane Hughes
Richard Lane Hughes answered on Jun 18, 2021

I believe that the short answer is yes.

There may be several reasons that a lawyer should not act in both capacities. But, without additional facts, I see no clear ethical prohibition.

Also, I am presuming that you are not asking about a situation in which a lawyer would wear both...
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.