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Arkansas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: Is there a way to get charges resolved before a detainer is placed on someone in federal custody?

My fiance is serving time in a federal prison. Since he’s been incarcerated, White County issued a warrant for his arrest on unrelated charges. The warrant stems from an incident in December 2023 and wasn’t issued until April 2024. He will be incarcerated until the middle of next year. But if a... View More

James L. Arrasmith
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answered on Sep 5, 2024

It may be possible to address the charges from White County before a detainer is placed on your fiancé in federal custody. One option is to reach out to the prosecutor in White County and discuss the situation. You could ask if the prosecutor would consider resolving the charges or setting a court... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Arkansas on
Q: Do lawsuit filing fee need to be paid in full by an inmate before a date is set?
James L. Arrasmith
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answered on Sep 1, 2024

When filing a lawsuit from prison, you generally do not need to pay the entire filing fee upfront for the case to proceed. Instead, you may be eligible to file under the "in forma pauperis" status, which allows you to pay the fee in smaller installments. The court will review your... View More

1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Constitutional Law for Arkansas on
Q: What type of attorney for a case that the police shot and killed my mom's dog that was on a lead line in his own yard?

Just for clarification, the cops were called on a completely unrelated matter (property line dispute) which had nothing to do with Otis Brown (her dog). They had been on scene about 30 mins before they shot her dog. They even took/seized his dead body! My Mom did file a report but apparently it... View More

James L. Arrasmith
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answered on Aug 31, 2024

To pursue justice for your mom, you might want to look for an attorney experienced in civil rights law, specifically one who has handled cases involving police misconduct. The shooting of your mom’s dog, especially while it was on a lead line in its own yard, could potentially be a violation of... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arkansas on
Q: If I was set up by police what do I do?

Original charge of PI that's why I let them deep pocket search me they said it was too see if there was anything needing to stay in my car bc I would be back in 6 hours. I can't say 100% but I believe I had left the tiny tiny baggie in my car. I didn't need it. Was 4 days clean... View More

James L. Arrasmith
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answered on Aug 5, 2024

If you believe you were set up by the police, it's important to take immediate steps to protect your rights and build your defense. First, document everything you remember about the incident in as much detail as possible. This includes the sequence of events, names and badge numbers of the... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: Can someone put up a gate to keep people out of a levee which uses tax payers money to maintain.

The person who put the gate up leased some of the land around the levee. The gate is locked and they have the only access key .

James L. Arrasmith
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answered on Jul 28, 2024

If the levee is maintained with taxpayer money, it's generally considered public property. Blocking access to a public levee with a gate, especially if only one person holds the key, is likely not allowed. The person who leased the land may have rights over the leased area, but not the public... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: What happens at felony probation revocation. The 1st time.No new crime committed.But for failed drug tests& behind fine

I failed a few drug tests and I'm behind on my fine payments. So my probation officer put in a request for revocation of my probation.

Degen Clow
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Degen Clow
answered on Jul 16, 2024

Completely depends on what court you are in. Contact a criminal defense attorney and they will be happy to speak with you about the case.

1 Answer | Asked in Criminal Law and Domestic Violence for Arkansas on
Q: Withdraw guilty plea

Domestic battery 3 charges while in jail pled guilty before knowledge of the charges and their meaning just turned 18

Degen Clow
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Degen Clow
answered on May 15, 2024

Generally, you have 30 days after you have entered a plea to show good cause for the court to let you withdraw the plea.

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: I was sexually assaulted by a srg. At a detention center and I'm disabled can I sue?
James L. Arrasmith
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answered on Mar 28, 2024

I'm truly sorry to hear about your experience. It's important to know that victims of sexual assault have legal rights, including the right to pursue a lawsuit against the perpetrator and potentially the institution where the incident occurred. This applies regardless of your disability... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: With 3 prior charges of delivery and now another what could be a sentence
Adam Joseph Childers
Adam Joseph Childers
answered on Nov 17, 2023

There are a number of factors that will determine a potential sentence. The first being the quantity that an individual possessed. Additionally, how prior felony convictions a person has previously is another factor. Feel free to reach out and I can provide better estimates. 501-500-9797.... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Criminal Law for Arkansas on
Q: how to find an attorney for mentally ill person put in a county jail till she plead guilty

My client has been in several mental institutions and was told she was INCOMPETENT and UNRESTORABLE by a forensic psychologist. She has been in out of the judicial system since 2012. I just learned some of these things , while doing research . One of her mental illnesses is a not good for her or... View More

James L. Arrasmith
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answered on Nov 12, 2023

To find an attorney for a mentally ill person in Arkansas who has been in the criminal justice system, consider reaching out to legal organizations that specialize in civil rights, disability rights, or mental health advocacy. The Arkansas Bar Association can provide referrals to lawyers with... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: What’s the penalty for first time criminal mischief?

My son was charged with criminal mischief for kick police door during in altercation

James L. Arrasmith
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answered on Nov 7, 2023

The penalty for first-time criminal mischief in Arkansas will depend on the degree of the offense, which is typically determined by the amount of damage caused. If the damage is less than $1,000, it is considered a Class A misdemeanor, which could result in up to one year in jail and a fine of up... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Arkansas on
Q: 16 year old charged as adult ask for lawyer but they kept questioning. And twhen told bd did nothing is this righ

He was on probation and police knocked on the door and said they came cause he broke his probation and then they started searching my house, after throwing him down and basically used unnecessary force on 16 yr old very skinny boy. We asked for lawyer at station but they just kept questioning him.... View More

T. Augustus Claus
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answered on Nov 6, 2023

It is concerning that the police continued to question your son after he asked for a lawyer. This may be a violation of your son's Miranda rights. Miranda rights are the rights that the police must inform suspects of before they can question them. These rights include the right to remain... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can a person on misdemeanor probation be revocated if they are at an inpatient treatment facility?
Degen Clow
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Degen Clow
answered on Oct 24, 2023

Yes, if they fail to attend court or probation meetings, even if they are in treatment, the court can issue a Fail to Appear warrant or a Fail to Comply warrant if the court has not pre-proved the absence.

1 Answer | Asked in Criminal Law for Arkansas on
Q: If I got a citation for theft of property<=1,000 in Arkansas could i pay it before court? And is it actually 1,000
Degen Clow
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Degen Clow
answered on Oct 24, 2023

It completely depends on the court your alleged offence is in. I would contact a qualified criminal defense attorney in the area of the court and speak with them.

1 Answer | Asked in Criminal Law for Arkansas on
Q: I'm a. level2 sex offender who just paroled out of prison and I am being forced to wear a ankle monitor
T. Augustus Claus
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answered on Oct 23, 2023

As a Level 2 sex offender, parole conditions can vary, and one condition may include wearing an ankle monitor for tracking and monitoring purposes. These conditions are typically set by the parole board and may be part of your parole agreement. It's important to follow the terms of your parole... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: Arkansas criminal defense attorney

My friend is in prison and has been for a year now. I hired an attorney for him last year. He's being charged with serious felonies. The attorney has not been to see him a single time and hasn't really done anything. I tried to fire her, and she said she would stay on the case anyway....... View More

Richard Lane Hughes
Richard Lane Hughes
answered on Oct 21, 2023

The attorney-client relationship is between your friend and his lawyer regardless of who pays lawyer's fees. If he wishes to terminate that relationship, he can do so. The Court may not let attorney off the case given the time that has passed since the case was filed. However, if he hires... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: How many feet do u have to be from a school to keep from being charged when caught with drugs

When getting caught with drugs how many feet away from a school do u. Have to be not to get charged for it

Richard Lane Hughes
Richard Lane Hughes
answered on Oct 4, 2023

One thousand (1,000) feet

It is an enhancement to a distribution offense.

1 Answer | Asked in Criminal Law and Animal / Dog Law for Arkansas on
Q: 562103 says a person commits offense ifknowingly subjectanimaltocrueltreatment?isdefinitionofcruel treatment

Trying to find out definition of cruel treatment

T. Augustus Claus
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answered on Sep 19, 2023

In Arkansas, the statutes related to animal cruelty provide definitions and specifications for various offenses. Based on your question, it seems you're referencing a specific statute number, which might not correspond directly to the actual code. However, to answer your question on the... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: Hello I have a question regarding charge from 10 years ago , that was dismissed showing up on my background check

The charge is preventing me from employment after 4 years of college. I was charged but never convicted

Richard Lane Hughes
Richard Lane Hughes
answered on Sep 11, 2023

You may get that arrest and charged sealed or excluded from your public record through what we once called an expungement. It does require you to file a motion in the court in which you were charged and obtain a court order.

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