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Arkansas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Communications Law and Federal Crimes for Arkansas on
Q: Is it legal to audio record yourself but you accidentally recorded person on phone while they inside when your outside

I was outside audio record apt balcony... occasionally I say something it my protection in case someone accused me later of saying whatever outside. I at first didn't realize my phone was audio while you can hear neighbor having conversations on phone I think. Then I was gonna go over and... View More

James L. Arrasmith
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answered on Jan 21, 2024

In general, recording a conversation in which you are an active participant, and it's reasonable to expect that you may be overheard by others, is usually legal under federal law and many state laws, including Arkansas. This is commonly known as "one-party consent."

However,...
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1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Arkansas on
Q: Do i have to get out of the car if they wont tell me why and they say im not detained?

cop came from nowhere..chased up behind me with another cop in 2nd car with them saying the stop was for fictisous tags originally. wasnt possible so then he says my air freshner. asks me and the 2 pass. for I.ds..told him my tags was good. gave reg. &told my name cuz left my i.d at home. came... View More

James L. Arrasmith
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answered on Jan 21, 2024

In Arkansas, during a traffic stop, a police officer typically has the authority to ask the driver and passengers to exit the vehicle. This is based on officer safety considerations. However, the reason for the traffic stop should be clear. In your case, if the reason for the stop was initially for... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: My daughter was able to exit the backseat of a police car after being left unattended for one hour in cuffs.

She exited to vomit. Right outside the vehicle. She was then pepper sprayed twice, and is now being charged with felony escape. Did any of the sixth officers on site have responsibility to maintain custody?

James L. Arrasmith
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answered on Jan 8, 2024

In the situation you described, there are several legal considerations to take into account. First, the charge of felony escape depends on specific circumstances, including the nature of the original arrest and the actions of your daughter while she was in police custody.

It is the...
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1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: The DOC put a letter out that stated that everyone on probation had to obey Arkansas state law and federal law and becau

So do we follow at. Law or federal law state law says we can use med.marij and probation says no because it fed law ?????? Witch do we do state or federal??

James L. Arrasmith
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answered on Jan 4, 2024

In the United States, there can be a conflict between state and federal laws, particularly regarding the use of medical marijuana. While some states have legalized medical marijuana, it remains illegal under federal law. For individuals on probation, this can create a complex situation.

If...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: Can 2 cops come into my home and search it without a probation officer????? I have been harassed... Had guns pulled on m
T. Augustus Claus
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answered on Jan 3, 2024

In general, law enforcement officers typically need a search warrant to enter and search a person's home unless there are specific circumstances that justify a warrantless search, such as consent from the resident, exigent circumstances, or the presence of probable cause. If two police... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: Someone stole my car keys, storage key and lots of my personal and household items. Law in Arkansas
T. Augustus Claus
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answered on Jan 1, 2024

If someone has stolen your car keys, storage key, and personal belongings in Arkansas, you may want to take immediate action. In such a situation, it is advisable to report the theft to the local law enforcement agency. Provide them with all relevant details, including a list of stolen items and... View More

1 Answer | Asked in Civil Rights, Criminal Law, Libel & Slander and Personal Injury for Arkansas on
Q: If county police refuse to investigate harrassment by person who has already assaulted me in past what can I do

My ssn was on previous report I made when investigating. nco order violations. Which has caused issues ever since. nothing has been done and years of abuse

James L. Arrasmith
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answered on Dec 24, 2023

If you're facing a situation where local law enforcement is not investigating harassment by someone who has previously assaulted you, there are several steps you can take.

First, consider filing a formal complaint with the police department regarding the lack of investigation. This...
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1 Answer | Asked in Personal Injury, Criminal Law and Civil Rights for Arkansas on
Q: What is harassment or stocking? What can I do if this person has already caused an injury in the past

I was injured. We both charged w DOC due to crappy lawyer and prosecutor charges were all dismissed. County will not help me things keep on

Now she is calling me on my social media driving by my home. I’ve been sent magazines in crazy name including my own. Had been nonstop

James L. Arrasmith
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answered on Dec 23, 2023

In Arkansas, harassment and stalking are serious offenses. Harassment generally involves engaging in conduct directed at a specific person that causes substantial emotional distress and serves no legitimate purpose. Stalking typically refers to engaging in a course of conduct that causes someone to... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Arkansas on
Q: Can I be charged DOMESTIC BATTERY 2ND DEGREE by police department even tho the victim didn't try press charges

The police made there own story up. She bruises easy and she hurt her arm from falling over night stand I was just taking her to hospital and they came and got me on old warrant

James L. Arrasmith
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answered on Dec 23, 2023

In Arkansas, you can be charged with domestic battery second degree by law enforcement even if the alleged victim does not press charges. This is because the decision to file charges in a domestic battery case is often made by the state, not the victim.

Law enforcement officials can use...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Arkansas on
Q: What is the statute of limitations for absconding in Arkansas
James L. Arrasmith
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answered on Dec 20, 2023

In Arkansas, the statute of limitations for absconding, which typically falls under the category of parole or probation violations, doesn't follow the usual rules for most criminal offenses. Normally, a statute of limitations sets a time limit for the state to begin criminal prosecution.... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Arkansas on
Q: My husband's 2nd domestic within 5 years can he sit my stuff outside and move a woman in OP filed.

I filed an order of protection and pressed charges for him slapping me and slamming the door shut on me when I tried to go in to get my things but he has a woman living there who threatened to beat me up. Everything I own is in there how likely is it that the order of protection will be signed by a... View More

Todd B. Kotler
Todd B. Kotler
answered on Dec 18, 2023

The Court can give you a temporary order of protection if s/he finds that:

You are in immediate and present danger of domestic abuse; or

That the respondent (the abuser) is scheduled to be released from prison within 30 days, and there will be an immediate and present danger of...
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1 Answer | Asked in Criminal Law and Constitutional Law for Arkansas on
Q: Am I going to have to stay in jail until I see a judge if I turn myself in on terroristic threatening warrant

It's showing it to be second degree class A misdemeanor

James L. Arrasmith
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answered on Dec 14, 2023

If you have an outstanding warrant for a second-degree terroristic threatening charge in Arkansas, turning yourself in is a significant decision that can impact the legal process. Whether you will have to stay in jail until you see a judge depends on several factors.

Typically, after...
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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Criminal Law for Arkansas on
Q: Can I move into an abandoned property?
James L. Arrasmith
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answered on Nov 17, 2023

In Arkansas, moving into an abandoned property without permission is not typically legal. This action could be considered trespassing or squatting, which are illegal. To legally occupy an abandoned property, you would need to gain ownership through legal means, such as purchasing the property or... View More

1 Answer | Asked in Criminal Law, Personal Injury and Health Care Law for Arkansas on
Q: Has any woman in the state of Arkansas sued a doctor for stealing her ovaries in her eggs?

if I have proof that my doctor stole my ovaries in my eggs, why can’t I find an attorney to help me sue him and why won’t I prosecuting attorney arrest him for a salt and battery and malice and trying and letting me try to bleed to death and having a stroke Why can I not get anybody to help me?... View More

Tim Akpinar
Tim Akpinar
answered on Nov 19, 2024

An Arkansas attorney could advise best, but your question remains open for a month. I'm sorry for your ordeal. You ask why you can't find an attorney to take the matter? One reason could be that the law firms you approached felt that it could take considerable resources to prove, in terms... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Arkansas on
Q: is it agasint the law to take a forgery check to the bank?

forgery in the second deree

Richard Lane Hughes
Richard Lane Hughes
answered on Nov 7, 2024

Yes. Uttering (taking a forged check to the bank or otherwise presenting it for payment or something of value) is an element of the offense.

If one did not know that the check was forged they might lack the mens rea (state of mind or requisite intent) to commit the offense.

Your...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: I have a question about the legal process of a parole search at a residence

My boyfriend is on parole and his parole officer comes often to do the parole search does she have the right to come in with 15 police officers and before ever searching him or before any laws are broke can she come in and search me even after me saying you can't search me, with her saying she... View More

Cayley Turrin
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Cayley Turrin
answered on Nov 6, 2024

Yes she can do it.

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: My boyfriend is on parole and his parole officer comes often to do the parole search does she have the right to come in

My boyfriend is on parole and his parole officer comes often to do the parole search does she have the right to come in with 15 police officers and before ever searching him or before any laws are broke can she come in and search me even after me saying you can't search me, with her saying she... View More

Cayley Turrin
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Cayley Turrin
answered on Nov 6, 2024

Yes.

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Energy, Oil and Gas for Arkansas on
Q: Where's the best place to find a loophole in life and law that is fair?

How are loopholes discovered?

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2024

There is no universal answer. "Loopholes" are usually exclusions or exemptions in certain regulations that people take advantage of - but they tend to be situation-specific. One way to discover them is to research statutes, or to consult with attorneys who practice in that given area. Good luck

2 Answers | Asked in Criminal Law, Car Accidents and Wrongful Death for Arkansas on
Q: I have a life-changing case for myself and maybe an upcoming lawyer or a very generous experienced attorney. Help me !!!

I a single mother who is responsible for not only my kids but my ailing mother. I need help desperately. I'm in a life-changing situation that I have no control over and I need a very damn good criminal lawyer criminal defense lawyer who's willing to do some type of charitable pro bono or... View More

Tim Akpinar
Tim Akpinar
answered on Oct 2, 2024

An Arkansas attorney could advise best, but your question remains open for a week. I'm sorry for your ordeal. You might be able to find low cost or pro bono criminal defense assistance. You could start by checking with legal aid organizations and the resources of local and state bar... View More

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Q: Can you fail a pre-employment drug screening for weed if you have your medical card
James L. Arrasmith
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answered on Sep 5, 2024

If you have a medical marijuana card in Arkansas, it does not automatically protect you from failing a pre-employment drug screening for cannabis. Employers in Arkansas are generally allowed to maintain drug-free workplace policies. This means they can require pre-employment drug tests and make... View More

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