Get free answers to your Criminal Law legal questions from lawyers in your area.
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
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
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
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
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.
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
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
On the order to destroy evidence there isn’t anywhere on there that says to destroy the ammo
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
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?
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
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
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
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
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
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
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... View More
In Arkansas 2nd degree murder conviction, under new act how much time of a 20yr sentence will an inmate have to serve?
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... View More
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
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.
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
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
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
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
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
answered on Jul 13, 2023
Can a person sue themselves?
They are trying to accuse me of child abuse
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
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
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... View 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.