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Arkansas Criminal Law Questions & Answers
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

1 Answer | Asked in Criminal Law for Arkansas on
Q: I live in AR, ive never been in trouble, in oct i was arreated for class c felony poss less than two grams of fentanyl

it was 10$ worth, i immediately got clean, went thru med detox, got in a research treatment prgm, in therapy and NA meetings, got a job giving back to the community at a local non profit, im a single mom of 3, my youngest has special needs and no one knows how to handle him but me, i know that the... View More

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

You mention "alternative sentencing." You would likely be a candidate for drug court where, upon successful completion of a prescribed program you do not have a conviction. Given your occupation, it is very important that you not get a felony conviction. I suggest that you get an... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: I was recently put on probation for a period of five years. Is there anything I can do if i feel that's unfair?
Richard Lane Hughes
Richard Lane Hughes
answered on Oct 19, 2022

If you were convicted after a trial, you have a right to appeal to a higher court. The time within which you must file your appeal is very limited. In most state courts in Arkansas you have 30 days to appeal. A Federal appeal must be filed within 14 days. In either case your time begins with the... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: Hello, I'm on Parole and go Flat in November. I've recently been arrested on a Felony FTA for charges from 2022.

was put on a bracelet upon release and have a revocation hearing scheduled tomorrow. Do I have any rights

Richard Lane Hughes
Richard Lane Hughes
answered on Oct 18, 2022

You do have a rights. In Arkansas you have a what might be called "minimal" due process rights that include a right to notice of charges against you and a meaningful hearing before a judge or hearing officer to determine if you are guilty of violating the conditions of your parole. You... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: My husband is incarcerated in Baxter Co AR for a non payment of fines. He is not in good health and hasn’t been forwhil

He has been there a little over 2 weeks and has been to the ER 3 times because his blood pressure has been very high.We are trying to get him out of there, but because he hasn’t seen a judge yet they will not release him. According to US code, A. 3C chapter 13 and US code A.3C chapter 13 and US... View More

Richard Lane Hughes
Richard Lane Hughes
answered on May 1, 2024

You need to get an attorney immediately. This situation needs to be brought to the attention of the Judge who issued the warrant for your husband's arrest or any Judge siting in the jurisdiction.

Of course, he should have been before a judge already. An accused is denied Due Process...
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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

2 Answers | Asked in Bankruptcy, Consumer Law, Copyright and Criminal Law for Arkansas on
Q: If I print a fake check and write on the check this is not a check. Is it against the law
James L. Arrasmith
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answered on Feb 4, 2024

If you have concerns or questions regarding a legal matter, it is crucial to consult with an attorney who can provide you with proper legal advice and guidance tailored to your specific situation. They can help you understand your rights and responsibilities and navigate any legal issues you may be... View More

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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 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: 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 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.

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: Do you have to threaten someone with a weapon for it to be considered aggravated assault
T. Augustus Claus
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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 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

T. Augustus Claus
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answered on Jul 13, 2023

Can a person sue themselves?

1 Answer | Asked in Criminal Law, Collections and Libel & Slander for Arkansas on
Q: Can you be charged with thrift of property for repoing your own vehicle back from the company cause they repoed it from

Me before the payment was due. Doesn't that mean they were in breach of contract first. And it's in my name how can you steal something that is your

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 24, 2023

Yes. Once your vehicle is taken back by the Lender, you have no right to retake possession without their permission.

1 Answer | Asked in Criminal Law for Arkansas on
Q: 2 people are in my car for 1.5days they pick me up to take me to work.1mile. I'm charged with poss.with intent.by the la

Law since it's my car are the drugs automatically mine

John Michael Frick
John Michael Frick
answered on May 15, 2023

The drugs are not “automatically” yours but your ownership of the car is certainly probable cause that they belong to you sufficient for you to be charged.

Whether the State can prove beyond a reasonable doubt that they belong to you depends on the particular facts and circumstances of your case.

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: 3 people arrested for drugs and guns 2 went fta the 3rd went to court it got thrown out what happens to the 2 fta's

the fbi didnt hand over any documents or video so they threw hers out now what happens to the 2 who went on the run

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

The persons that failed to appear remain subject to prosecution. Jeapordy did not attach to those individuals since they did not appear to defend themselves. There may be reasons that the failure to disclose "Brady" material in the case of accused number one will impact the prosecution of... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: To be arrested with theft by property does the person have to be in possession of said property for them to get arrested
Richard Lane Hughes
Richard Lane Hughes
answered on May 12, 2023

No. The offense is the theft of the property. Possession of stolen property may be evidence of theft or a separate crime. The taking and the possession are two distinct acts.

1 Answer | Asked in Criminal Law for Arkansas on
Q: In 2010 I signed for 5 yrs and 15 suspended in Arkansas I served 4.5 yrs went flat in 2016. In 2021 I was set up by my e

X girlfriend on a purchase of 14 grams of meth that she begged me for I had someone else deliver to her now they are trying to give me all of my suspended sentence from 2010

Richard Lane Hughes
Richard Lane Hughes
answered on Oct 16, 2022

I don't see a question here. If you have a suspended sentence pending and are convicted of a subsequent offense or fail to abide by the conditions of your suspended sentence, you are subject to that suspended sentence being imposed. Think of the suspended sentence as a probation type... View More

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