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Arkansas Federal Crimes Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: If you are out on bail does that mean you can't get an attorney appointed if you can't afford one?
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 1, 2019

Being on bond does not necessarily disqualify a person from having a lawyer appointed to represent him/her. The person may have become unable to hire a lawyer because he spent most or all of his money on the bond. Often the person on bond didn't pay for his own release, rather friends or relatives... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Arkansas on
Q: Found the order to seal forms online yes, what is the difference in a order seal from and petition seal form?
Patrick R. Lee
Patrick R. Lee answered on Jul 25, 2019

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.

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Arkansas on
Q: Is a lawyer required for a order of seal record issue

The simple seal of a dismissed charged and a misdemeanor 5 years old?

Patrick R. Lee
Patrick R. Lee answered on Jul 25, 2019

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.

2 Answers | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: Can i get a felony took off my background
Patrick R. Lee
Patrick R. Lee answered on Jul 24, 2019

Certain felonies can be expunged if you've met certain requirements. You'll have to be more specific in order for a lawyer to answer your question.

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2 Answers | Asked in Federal Crimes for Arkansas on
Q: I got charged with theft by receiving but I never laid hands on the property, how can I be charged with that?
James E Hensley Jr
James E Hensley Jr answered on Jul 5, 2019

Theft by receiving only requires that you be in possession of stolen property.

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1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: Will i be convicted if im a felon who was holding a gun for someone that ended up being stolen
Degen Clow
Degen Clow answered on Apr 1, 2019

You can not possess a firearm if you are a felon, even if it is not yours and you are just holding it for someone.

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: If I got charged with possession on someone else's drugs can I get out of it
Gary Kollin
Gary Kollin answered on Aug 29, 2018

Anything is possible.

It is like asking a doctor: I have an infection, can I be cured?

While both are possible, there are certain things a doctor needs to know.

A doctor has to examine the patient, read the results of blood. Urine, and other tests, review the patient's...
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1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: i got charged battery in the 2nd. is that a Crimial law or somthing else
Stewart Whaley
Stewart Whaley answered on May 14, 2018

It is a criminal charge. Class D felony punishment up to 6 years in prison and up to $10,000.

A Class D is the "lowest" felony classification (in order of bad-to-worst: D, C, B, A, Y).

Do not talk to anyone about what happened (friends, family) and don't post any facts about it...
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1 Answer | Asked in Civil Litigation, Civil Rights, Criminal Law and Federal Crimes for Arkansas on
Q: Can a police officer

Can a police officer have a no contact order with him when investigating a domestic violence report and can he arrest a person and make them sign the order before he incsrcerates. And have the judge signed the order before he books the defendant?

Richard Lane Hughes
Richard Lane Hughes answered on Apr 18, 2018

If I understand our statement of facts correctly, the answer is no.

There may be other grounds for an arrest but not for an order that did not exist at the time of the allegedly offending behavior.

1 Answer | Asked in Criminal Law, Federal Crimes and White Collar Crime for Arkansas on
Q: Can a judge in Arkansas reside over 2 cases. One is a criminal and the other is a dhs case.

The judge terminated my parental rights and in my other case would not grant a direct verdict in my favor after the state failed to provide evidence.

Stewart Whaley
Stewart Whaley answered on Apr 16, 2018

Yes. Generally, a judge can preside over two cases, where one is criminal and the other DHS.

Some excerpts from a 2015 Arkansas Court of Appeals opinion, regarding a judge residing over a criminal and dependency-neglect case involving the same adult and child, show that the bar for...
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1 Answer | Asked in Criminal Law, Federal Crimes, White Collar Crime and Juvenile Law for Arkansas on
Q: Can a 17 year old with no prior criminal background be sent to prison?

House robbery

Stewart Whaley
Stewart Whaley answered on Apr 14, 2018

Yes, depending on the crime. Juveniles can no longer be sentenced to life without parole in Arkansas. They can still be sent to prison. Having no criminal background helps when negotiating a plea without prison time, if you go to trial and during sentencing, if convicted

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: My boyfriend was charged with gun and drugs individually than together how much time could he actually do

A child brought marijuana to school which lead to the cops being called wherw they found marjiuana and a gun not on him but has his prints his ex girlfriend at the time has the same charges except for the felon with possession is hust possession either way she went to court ..he didnt he missed... Read more »

James E Hensley Jr
James E Hensley Jr answered on Mar 19, 2018

This charge is a Class Y Felony. This is the highest felony in Arkansas. Up to %15,000 in fines and 10 to 40 or life in prison. Typically, though, and depending on the charges, an offer of 10 years will usually be made by the prosecutor. A good lawyer might win the case. If not, a lawyer can... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Traffic Tickets for Arkansas on
Q: Is unsafe driving in AR Is this a misdemeanor? Will I lose my license? I have had a clean record before this.

I have never been in trouble with the law before. The officer told me to just pay my fine and see afterwards if i could get it of my record. He marked it as a traffic offense but not a criminal offense. I am worried because I don't want to lose my job, license or anything. Can someone please help... Read more »

James E Hensley Jr
James E Hensley Jr answered on Mar 4, 2018

It's only a traffic offense. You will not lose your job or license. Go to court and ask the prosecutor to keep this off your record. If it is clean, you might have to pay a few bucks more on the fine but should be able to keep it off your record.

If the Court denies your request to keep...
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1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Arkansas on
Q: If a parolee is obtained for new charges and can bond out, but has a hold for absconding and cant bond out. Whats Why??

Been obtained for 5 days now and still yet haven't heard from parole/probation officer or gotten any thing on paper about why parolee is being held on the absconding or to have a hearing . No one will tell the parolee if its possible to bail out, or have a hearing, or even speak with parole... Read more »

James E Hensley Jr
James E Hensley Jr answered on Dec 18, 2017

There is not enough information to tell you everything but generally, once a parole reoffends, the PO will revoke his probation and keep him in jail. The parolee now has the new charges and then the revocation. If the new charges are not too bad, the PO will keep him in jail for a month maybe... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: How many years to you get for capital murder and aggrevated assault?

Has very long track record of assault,driving without license, failure to appear,marijuana, resisting arrest, assault on officer,obstructing government docs,and fleeing

Adam Joseph Childers
Adam Joseph Childers answered on Oct 30, 2017

Capital murder is the big one. It's most likely that if he is guilty of capital murder the he is looking at either death or life without parole

1 Answer | Asked in Traffic Tickets and Federal Crimes for Arkansas on
Q: Can you get fines reset and jail time suspended for failure to pay and failure tp appear?

I have 2 traffic violations in 2 cities with failure to appears stacked on them now. The reason i didnt pay was because i was termonated from my employer now I have multiple fta's in both city and arrest warrants. I just wanna restart!!

Richard Lane Hughes
Richard Lane Hughes answered on Oct 9, 2017

You need to have an attorney arrange for you to appear in each Court and surrender on the warrants. You may be able to set up a time pay if you are guilty of the underlying offense and plead guilty to them.

If you get stopped by police you may be detained with those warrants outstanding.

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: My friend was charged with possession of schedule 1&2 drugs possession of drug paraphernalia

And 14 counts of fraudulent use of credit/debut card $100 in 6 months and 2 counts of theft by receiving $2500 or more what kind of sentence is she facing and will she b ordered not to leave the state. And will her bond b high since she is from Louisiana with no ties in Arkansas all felony charges

Richard Lane Hughes
Richard Lane Hughes answered on Oct 5, 2017

I would not venture a guess as to your friends exposure to incarceration without more facts. However, theft by receiving greater than $2,500 value is a class D felony generally. It has a potential for imprisonment for 0-5 years and/or a $10,000 fine.

If she makes bond several factors may...
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1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: Does this law mean that a parolee and their property can be searched anytime based only on suspicion of neighbors?
James E Hensley Jr
James E Hensley Jr answered on Sep 8, 2017

I took a similar issue to the Arkansas Supreme Court and lost. The parolee agreed to allowing the parole officer search him at home and in his car. The local police stopped him, searched him, found contraband, arrested him. I argued that the agreement did not allow the police to search without a... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Arkansas on
Q: Is a unloaded firearm considered a illegal weapon?

I plan on getting my CCW permit in the next month or two but I am broke right now. Can I carry my pistol concealed if it is unloaded in my holster and the magazine is in a separate pocket?

W. Whitfield Hyman
W. Whitfield Hyman answered on Apr 17, 2017

As long as you haven't been convicted of any disqualifying crimes, you can carry a gun openly and loaded just avoid colleges, publicly owned buildings, areas around k through 12 schools, places with signs prohibiting weapons, and the parking lots of those areas and you'll be fine. Technically I... Read more »

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