James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2024

I know this is a very difficult situation, but I strongly encourage you to do the right thing - take full accountability for your actions, turn yourself in, and comply with the legal process. Consider consulting with a criminal defense attorney who can advise you on the legal implications and your... View More

The Court can give you a temporary order of protection if s/he finds that:

You are in immediate and present danger of domestic abuse; or

That the respondent (the abuser) is scheduled to be released from prison within 30 days, and there will be an immediate and present danger of... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2024

It sounds like you’re in a tough situation, dealing with both a significant debt and uncooperative government officials. It's important to continue pursuing all available legal avenues to get the money released. If the account in question is legally supposed to be divided to pay off the... View More

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

"It was years back" is a real problem with your case. An overbearing judge may have unintentionally misled you. You were probably not in a state of mind to appreciate what was happening to you at that time as well. What you describe is fraught with problems from a legal perspective.... View More

I understand that he is your dad and even though he caused you and your mother mental trauma, you still want to sponsor him to get his green card. While your father would be an immediate relative, if you were to sponsor him now that you have here citizenship, I'm not sure what criminal charges... View More

You should contact the accused's lawyer. Court action is required to set aside the no contact order. Usually, a judge will recall or set aside the order if the alleged victim requests that action. Many judges require some statement in open court from the alleged victim requesting that the... View More

Yes. At the end of the day, it's up to the prosecutor whether charges against you proceed. A victim's wishes are only part of the equation. You're also admitting to assaulting the victim on a public website. Not recommended. I do suggest you speak with an attorney in your area who... View More

That would depend on whether her contact/communication can be construed as harassment. Typically, a no contact order only applies to the defendant, your boyfriend, and the person seeking the no contact order is not prohibited or punished for reaching out to him regarding their child. However, the... View More

Truthfully, there's no way to say with any level of certainty will happen to your cousin based on the limited information you provided. His criminal history (including whether or not he was on a suspended imposition of sentence for another crime for example, even if it was unrelated both... View More

It is entirely possible that the case(s) will be dropped (referred to by the legal term "nole prossed"). This often occurs when the alleged victim is uncooperative, there is a "mutual combat" situation, and/or other factors are considered (such as a medical diagnosis which... View More

Regardless if the contact is welcomed or not, a no contact order is a court order forbidding one to contact a certain person. Typically, a Judge views contact as contact regardless of the circumstances. However, a capable defense attorney should be able to bring the circumstances to the attention... View More

Thank you for reaching out. Couple things of concern:

You are going to be in law school. This charge will cause you some grief when you apply to the bar; specifically, even though you win the charge and your record is sealed, make sure you tell the bar about it on your application and... View More

Yes, as long as there is no pending action in CO. Also, she should speak to an Arkansas Family Lawyer to ensure there is nothing else that would cause trouble. Jim

You should be o.k. Police Officers are great about considering the impact of their decisions on people. If you were not issued a citation or arrested, the police probably issued a police report. It is difficult to locate a copy.

This police report might be considered if there is another... View More

Love to help. Need a bit more information though.

If you are a victim typically the police and prosecutor can help you file charges.

Tell us a little more. What happened to you. Tell us who the other parties are.

What City and County did this happen?

Anyone arrested?... View More

In Arkansas if you have met the all the conditions of your sentence and, depending on the charge, enough time has passed, you can petition the court to have your records sealed. Every case is a little different and you should consult an experienced attorney to make sure you follow the correct... View More

Yes. The police that investigated the charge believed that there was enough evidence to lay the charges. Self-defense is something that the police could have considered in their investigation and in consideration of laying the charges, but ultimately they decided it was not overwhelming enough to... View More

You need both. One is a request for the Court to seal your charge that you file, and the other is the document you submit to the Court, which the judge signs and actually gets the record sealed.

I'm fairly certain there are forms for this somewhere online. Ark. Code Ann. 16-90-1401 and the statutes in that subsection will tell you everything you need to do to get a misdemeanor sealed.

You don't absolutely have to have a lawyer, but it would make the process easier for you.