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Arkansas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Arkansas on
Q: At a concert and husband was falling and he grabbed my hair.

Me and my husband where at a concert and he was drinking. We where in our way out when he tripped and grabbed my hair on accident. 2 witnesses said he hit me and police arrested him with domestic battery 3rd degree. I told the police he did not hurt me and they still took him. I dont want charged... View More

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

Yes, once charged the matter is in the hands of the State. However, no prosecutor wants a key witness available to the defendant to be hostile towards the State's case. Your husband needs an experienced attorney. If he cannot afford an attorney and meets certain criteria, the court will... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: If someone won't remove themselves from your property can you pepper spray them?
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answered on Sep 4, 2023

In Arkansas, the use of pepper spray or any other self-defense measure should be governed by the principles of reasonable force and self-defense. If someone is on your property without your permission and is refusing to leave, you generally have the right to ask them to leave verbally and call law... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: Is it illegal for them to up a charge while incarcerated?

So, my boyfriend's brother went to go steal drugs from a guy's house. My boyfriend just rode with him. He stood by the car the whole time, but his brother went around back and ended up being shot and killed by the home owner. My boyfriend gave him cpr and called 9 1 1. They charged my... View More

Richard Lane Hughes
Richard Lane Hughes
answered on Sep 1, 2023

The prosecutor can, with leave of the Court, amend charges at any time prior to a case being submitted to a jury. Of course the defendant can object and the court will hear that objection. The decision to allow amendment is within the court's discretion.

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can the cops legally arrest someone based solely on what a 13 yr said when there are 2 other witnesses that said the opp
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answered on Aug 31, 2023

In Arkansas, law enforcement officers generally have the authority to arrest an individual based on information they receive, including statements from witnesses, even if there are conflicting accounts. The key factor in making an arrest is establishing probable cause, which means having a... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: Granted Parole in arkansas, have a detainer in oklahoma how long do they have to come get me
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answered on Aug 25, 2023

When you are granted parole in Arkansas but have a detainer in Oklahoma, the time frame for Oklahoma to come and pick you up can vary. Generally, states have a reasonable amount of time to transfer a parolee with a detainer to their jurisdiction. This can range from a few weeks to a couple of... View More

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

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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 for Arkansas on
Q: Do you have to threaten someone with a weapon for it to be considered aggravated assault
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answered on Jul 26, 2023

In Arkansas, the crime of aggravated assault typically involves the intentional or reckless conduct that causes fear of serious bodily injury or death to another person. It doesn't always require the use of a weapon or direct threats with a weapon.

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: Can a person sue themselves?

A friend and I were talking about being self-employed which got me thinking if you work for yourself, could you not sue yourself? What if you're underpaying yourself? And then that brought up more questions like what if you don't pay yourself (if a ruling ordering payment was made)? How... View More

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answered on Jul 13, 2023

Can a person sue themselves?

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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