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Arkansas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Arkansas on
Q: Is there a law in Arkansas that states that any ammunition taken into evidence must be destroyed and not returned

On the order to destroy evidence there isn’t anywhere on there that says to destroy the ammo

T. Augustus Claus
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answered on Aug 23, 2023

In Arkansas, the specific laws and procedures regarding the disposition of evidence, including ammunition, may vary based on the circumstances of the case and the applicable laws in the state. It's not a blanket rule that all ammunition taken into evidence must be destroyed and not returned.... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: So, my boyfriend is being charged with capital murder. Can I ask a question?

His brother went to steal drugs from some drug dealer's house. He Went with him, but stayed by the car. Didn't go inside or around back at all. His brother was shot and killed my the owner of the house. Now, he is facing a capital murder charge. How is that even allowed?

Richard Lane Hughes
Richard Lane Hughes
answered on Aug 22, 2023

This is called vicarious responsibility. Not a favorite of the law. However, legislators who make our laws want to be seen as tough on crime. The notion is that a person in the position of your boyfriend is responsible for the conduct of of all actors engaged in a criminal undertaking. It sounds... View More

1 Answer | Asked in Criminal Law, Divorce and Child Custody for Arkansas on
Q: My Ex Abducted our child in CA over the summer. The DA in CA did not press criminal charges. can i still press charges?

The DA in sacramento were helpful in getting the child back but they were not able to press criminal charges as he ultimately complied to the release of the child. I am unable to get a protection order in CA as i am no longer a resident or in AR as the crime was not committed here and there were no... View More

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

Charging decisions are at the discretion of a prosecutor or DA (synonymous terms dependant on how a State titles the position). You may try to charge the ex in your home state and the authorities then make the decision. You also may wish to contact your divorce attorney to explore whether you can... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Arkansas on
Q: In Arkansas, if neither person in a boat has a life jacket on board, who is at fault, the boat owner or each person?
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answered on Aug 17, 2023

In Arkansas, as in many states, boating safety regulations typically require that there must be a sufficient number of U.S. Coast Guard-approved life jackets on board for each person on the boat. If neither person in a boat has a life jacket on board, it's likely that both the boat owner and... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: Being charged with the simultaneous is that one charge or is the drugs like another charge?
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answered on Aug 15, 2023

"Simultaneous possession of drugs" typically refers to a single charge that involves the possession of multiple controlled substances at the same time. It's not separate charges for each individual drug but rather a single charge encompassing all the drugs found in the person's... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Sexual Harassment for Arkansas on
Q: How do I stop an extortion attempt as a teacher from an individual with only a phone number from them?
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answered on Aug 14, 2023

If you're facing an extortion attempt via phone from an unknown individual, your safety is paramount. Firstly, refrain from engaging with the person. Document any communications you receive, including screenshots, texts, and voicemails. Report the situation to your local law enforcement,... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: Is it a parole violation to spend the night at another person's house living in the same state and county?
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answered on Aug 2, 2023

The conditions of parole can vary depending on the specific terms set by the court and the parole officer. Typically, parolees have certain restrictions and requirements they must follow during their parole period.

While spending the night at another person's house within the same...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: An inmate was sentenced to 2nd degree murder, under the Protect Arkansas act , will they have to do 85% of their time?

In Arkansas 2nd degree murder conviction, under new act how much time of a 20yr sentence will an inmate have to serve?

Richard Lane Hughes
Richard Lane Hughes
answered on Jul 31, 2023

First, you should be aware that the the Protect Arkansas Act does not apply to offenders for crimes committed before January 1, 2025.

Following that date, a defendant convicted of 2nd degree murder will serve 85% of his or her time before becoming eligible for release. That is, upon...
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1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Arkansas on
Q: If my 9 y/o son told me that his dad made him say that someone touched him inappropriately, is this considered abuse?
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answered on Jul 27, 2023

If you believe your child is being abused or is in danger, it is crucial to take immediate action to protect their well-being. In cases of suspected child abuse or neglect, it is essential to report the situation to the appropriate authorities, such as Child Protective Services (CPS) or law... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Arkansas on
Q: My son is being tried as an adult can I talk to his public defender about his case, he is a 16 year old boy.

He was on probation and the police arrested him for violation well they really did come for that that was an excuse to get into the door so they could search my house for a gun but they did not find a gun so they arrested him .2 or 3 months ago, and his public defender won't talk to me is this... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2023

The public defender is under no legal duty to talk to you and is legally prohibited from sharing with you any confidential information including things like his case strategy. Any information he may share with you would not be protected by the attorney-client privilege, so the prosecutor could ask... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: My husband was on 5 yr probation an had 13 months left got DUI an absconding. How much time could he face?

Had two revocations an one was dismissed so this is supposed to be first. He's done 28 days already. An 4 months on original charge

Richard Lane Hughes
Richard Lane Hughes
answered on Jul 22, 2023

He may be sentenced to any term of years or months that he was subject to at the time he commited the underlying offense. That is not to say he will be sentenced to the maximum or be sentenced to jail. His probation may be reinstated. The basis for his revocation is very significant with regard to... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: The prosecutor issued a warrant and wants to talk to me and I do not have a lawyer. Should I go?

They are trying to accuse me of child abuse

Richard Lane Hughes
Richard Lane Hughes
answered on Jul 5, 2023

You should not go without a criminal defense attorney representing you. Even then, your attorney may advise you against talking to a prosecuter. One of the most important rights that you have per the State and United States Constitution is the right to remain silent. Many people make the mistake of... View More

1 Answer | Asked in Criminal Law and Family Law for Arkansas on
Q: When I was 16 years old in 1988 I had a spiteful individual file a child abuse complaint against me. Now it's come back

The case went nowhere after their "investigation". Now all these years later it's come back to haunt me. In fact it seems as if it has been refreshed with my current name and address.

Shouldn't this have been sealed since I was a minor at the time? Why should it be... View More

John Michael Frick
John Michael Frick
answered on Jun 26, 2023

As a general rule, a criminal charge for child abuse that did not result in a conviction cannot be used against you in court.

As a general rule, even a conviction for child abuse that happened that long ago cannot be used against you in court because it is too remote in time. An exception...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: Grainy video footage of someone hunting on ur property to where u can't tell who it is Van a person be charged

Wildlife officer said he had video footage of a friend of mine hunting but my friend said he wasn't the one hunting & u can't tell who the person is on video but my friend is in jail who is a felon. Trying to get him with a gun charge.

John Michael Frick
John Michael Frick
answered on Jun 16, 2023

Grainy video footage likely isn't enough, standing alone, to persuade a jury of a person's guilt beyond a reasonable doubt. Tell your friend to listen carefully to his lawyer, learn as much as he can about any other evidence the State may have against him, and don't be afraid to... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: If someone fails to appear in court in Arkansas are they considered a fugitive?

Also, if I refuse to tell an officer where someone is that failed appear when asked can I be charged with anything?

Richard Lane Hughes
Richard Lane Hughes
answered on May 12, 2023

If the Court issues a warrant for the arrest of an accused for failure to appear, the accused may be considered a fugitive. That is, the active warrant subjects the person named in the warrant to arrest and detention. The term "fugitive" is sometimes used to invoke jurisdiction of law... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: My 18 yo son received a citation for contributing to the delinquency of a minor.

He had a get together at his dad's house, the police showed up and told him that a 14 yo was being pulled over and fled the police causing him to crash . He told the police he had left my son's party. My son did not invite nor he knows the kid, which he explained to the police. The... View More

Richard Lane Hughes
Richard Lane Hughes
answered on Mar 25, 2023

It is clearly possible based upon your statement. Citizens are often shocked when they are affected by the powers of the police and prosecutors. Remember when you vote that the prosecutor has the discretion and makes the decision to charge a person with a crime.

Many potentially...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: If you are searched by a cop that says dispatch told him I had a search waiver but later says he found out I don’t .

I was stopped driving and the cop is looking for someone walking. He runs my license and thought dispatch told him I had a search waiver. Later he states in the report he found out there wasn’t a search waiver .Is that grounds to throw the case out ?

Richard Lane Hughes
Richard Lane Hughes
answered on Mar 25, 2023

This is the type of thing that courts have routinely found to be good faith errors and thus not prejudicial or subject to exclusionary rules based, in part, upon the rationale of US v. Leon. Each case though, is fact specific. There may be additional facts in your situation that might prove... View More

1 Answer | Asked in Criminal Law and Libel & Slander for Arkansas on
Q: Can i press charges against an adult if they come to my workplace and threaten to assault me along with their children?

I'm a manager a fast-food establishment and i sent an employee home. That employee then calls her mother to the restaurant and proceeds to threaten me along with other family members. They threw drinks and metal rods at me, called me everything but a Child of God.

Richard Lane Hughes
Richard Lane Hughes
answered on Mar 20, 2023

You can, and probably should, report the incident to the police and your local prosecuting attorney. The prosecutor has the discretion and duty to determine if the offending persons will be charged with violating the law based upon the facts that you provide along with any facts the police gather... View More

1 Answer | Asked in Criminal Law, Civil Rights, Communications Law and Constitutional Law for Arkansas on
Q: FOIA sent to dispatch for an arrest pertaining to me They redacted some of the info I need the full copy How do I get it

there is absolutely no information on the FOIA I requested, all was redacted. I was arrested, held for 7 days, did not see a judge, no bail was made, and no charges brought against me. I was in holding for 4 days with up to 36 other women in a cell. We asked for grievances. They never... View More

James L. Arrasmith
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answered on Mar 2, 2023

FOIA sent to dispatch for an arrest pertaining to me They redacted some of the info I need the full copy How do I get it

there is absolutely no information on the FOIA I requested, all was redacted. I was arrested, held for 7 days, did not see a judge, no bail was made, and no charges...
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1 Answer | Asked in Criminal Law, Civil Rights, Communications Law and Constitutional Law for Arkansas on
Q: FOIA sent to dispatch for an arrest pertaining to me They redacted some of the info I need the full copy How do I get it

there is absolutely no information on the FOIA I requested, all was redacted. I was arrested, held for 7 days, did not see a judge, no bail was made, and no charges brought against me. I was in holding for 4 days with up to 36 other women in a cell. We asked for grievances. They never... View More

James L. Arrasmith
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answered on Mar 2, 2023

If you believe that the information redacted is necessary for you to understand the reason for your arrest and detention, you can file an appeal or challenge the redaction. You can contact the agency that provided the response and ask them to provide justification for the redactions or file a... View More

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