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Arkansas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Arkansas on
Q: How do I get a no contact order lifted ( I'm the victim)& am I subject to punishment if I contact the defendant??

He was arrested on 3rd degree assault on a family member ( me)

Richard Lane Hughes
Richard Lane Hughes
answered on May 21, 2022

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... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: What do I do if I have been charged with misdemeanor theft of property an can't afford a attorney
Richard Lane Hughes
Richard Lane Hughes
answered on May 19, 2022

You should contact the public defender assigned to the court in which you are charged. Do that now. You will be asked some questions about income and assets to assure that you qualify for appointment of counsel. An interview with the defender prior to your court date will allow that attorney an... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: A friend loaned me there vehicle when I did not return it after 3 days the cops were called and I even had there keys
Richard Lane Hughes
Richard Lane Hughes
answered on May 18, 2022

When you are loaned property it is considered to be granting you a license to use the property. This license has limits. That distinguishes a loan from a gift. The rightful owner may cancel the license or loan. The fact that one possesses the property initially with the owner's permission does... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can I be charged with shoplifting if I never left the store?
Richard Lane Hughes
Richard Lane Hughes
answered on May 18, 2022

Yes. Concealing of merchandise while inside the store is sufficient to be charged with the offense. However, there may be a circumstance where "concealing" the merchandise was inadvertent or unknown to the accused. In that case, an accused may not have formed the requisite criminal intent... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: I was convicted of a felony at age 18. I am now 39 is there any way to get it off of my record?

It’s a Y felony

W. Whitfield Hyman
W. Whitfield Hyman
answered on Apr 17, 2022

You can try to get a Governor’s Pardon. I charge $2,000.

1 Answer | Asked in Criminal Law for Arkansas on
Q: For possession on delivery of meth. With hx of probation violation. Will he be able to bond out. Should we get a lawyer

My bf has charges of possession controlled substance, possession on delivery, possession meth. He is on probation, but has not reported or paid in over a year. He is set for bond hearing on Monday.

Richard Lane Hughes
Richard Lane Hughes
answered on Apr 17, 2022

He is entitled to have a bond set pursuant to the Arkansas Constitution. The dollar amount of the bond or other conditions are set by the court after considering a number of things that include whether bf is a flight risk. His failure to observe the conditions of his probation will almost certainly... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: I'm facing felony gun on school property charges what should I expect the plea bargin to be?
W. Whitfield Hyman
W. Whitfield Hyman
answered on Apr 2, 2022

Depends on where it is. However, I wouldn’t be so sure that you were guilty.

Have you read the defenses to having a handgun on school property? They are kind of odd. These aren’t even all of them as I think another one is found outside the statute:

e) It is permissible to...
Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Arkansas on
Q: If I am on parole in arkansas and just got a dwi is that going to send me back to prison?
Richard Lane Hughes
Richard Lane Hughes
answered on Mar 23, 2022

That is a question that cannot be answered without knowing all pertinent facts. However, you should know that a DWI does not mean that your parole will be revoked automatically. First, you should report the charge to your parole officer. That is your responsibility. Your PO will likely know about... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can i own a gun in Arkansas if i was convicted of a felony 20 years ago in Texas. My charge was non violent.

I completed my parole successfully and have been in no trouble since. I am now 50 years old.

Richard Lane Hughes
Richard Lane Hughes
answered on Mar 19, 2022

You can lawfully own a gun in Arkansas ONLY after you have been conditionally or fully pardoned by the Governor.

The good news is that the Governor or Governor's Office seems to favor a limited pardon in cases like you describe.

I suggest that you contact his office for more information.

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can I be charged with a felony if I don't cooperate?

I was pulled over for tags out of date and a car that was not mine I use my friend's car to go to work they took me to jail for driving on suspended after I was at the jail a police officer later came in and told me that I was being either charged or I could talk to a detective about the drugs... Read more »

Richard Lane Hughes
Richard Lane Hughes
answered on Mar 19, 2022

No, you cannot be charged with a felony because you will not cooperate in the circumstances that you describe. However, it sounds as if the police made a valid stop (tags expired) and law enforcement can conduct an inventory search without consent when a vehicle is impounded.

You were...
Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Arkansas on
Q: My husband was late for court today he was supposed to be there at 9 this morning and then at 1 this afternoon but late
Richard W. Noel
Richard W. Noel
answered on Mar 14, 2022

what's your question? If he showed up to court, he'll likely go in front of the judge for the hearing, despite being late.

1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Arkansas on
Q: In December of 2021, my child’s father and I were doing a drop off. During which..

I asked him why he was not answering any of my calls/text regarding our child. He decided to flip the switch and play victim. “I don’t have to speak to you.” Okay but we have a child together. There is no reason for us to be bitter and fight. The conversation turned bitter and he finally... Read more »

Richard W. Noel
Richard W. Noel
answered on Mar 12, 2022

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... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can you search district court records for free
W. Whitfield Hyman
W. Whitfield Hyman
answered on Mar 3, 2022

Most district courts are not on this search engine but quite a few are:

https://caseinfo.arcourts.gov/cconnect/PROD/public/ck_public_qry_main.cp_main_idx

1 Answer | Asked in Criminal Law for Arkansas on
Q: My brother probation has been revoked (first offender) would there be anyway to possibly avoid jail time
Richard Lane Hughes
Richard Lane Hughes
answered on Feb 19, 2022

You may mean that some sort of revocation proceeding has been commenced to revoke your brother's probation. There is a process that includes a fact finding element. The revocation proceeding does not mean that he will go to jail or prison. What set in motion the proceedings? Did brother commit... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: I was in a bar fight in 2016, recieved battery felony''. No fines, no restitution, no jail, probation. Com service.

What would be the best way to restore my God given rights to bear arms?

W. Whitfield Hyman
W. Whitfield Hyman
answered on Feb 11, 2022

Nothing took away your God given right to bear arms, not even a felony conviction. You may still carry a firearm, but you will be arrested and put in prison for an extended period for doing so.

To restore your legal right to bear arms in Arkansas, you will most likely need a Governor’s...
Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: I have been charged with felony possession of firearms by certain person because I sold a gun to a pawn shop what

They are also revoking my probation I am a prior felon

Richard W. Noel
Richard W. Noel
answered on Feb 9, 2022

I don't see a question here. You need an attorney to help with both the probation violation and the new charge. Good luck.

1 Answer | Asked in Criminal Law for Arkansas on
Q: cop knowingly arrest someone on wrong warrant to be able to search and arrest thrm

Charge dropped but others added that wasn’t correct

Richard W. Noel
Richard W. Noel
answered on Feb 6, 2022

I don't see a question here. If the warrant was bad, the evidence found would be excluded. It sounds like that worked.

1 Answer | Asked in Criminal Law, Family Law, Traffic Tickets and Car Accidents for Arkansas on
Q: i was involved in a 15 mile police chase well i wrecked and i was wanting to no if the officer did the right thing

i wrecked while involved in a police chase well the officer didn’t bother to help my wife and kids that was in the truck was he supposed to detain me and then tend to them cause he didn’t and was he supposed to have my daughter turn the truck off… was the officer in the right to continue to... Read more »

W. Whitfield Hyman
W. Whitfield Hyman
answered on Jan 27, 2022

Even if the officer violated laws that you’re complaining about it doesn’t help you in your criminal case.

Does that answer your question?

1 Answer | Asked in Criminal Law and Traffic Tickets for Arkansas on
Q: i was involved in a chase with my wife and kids we crashed and the cop didn’t help my kids or wife just held me gunpoint

i made a bad decision to not stop and the officer chased me 15 miles at speeds of 90 plus mph we crashed and the officer never did try to help my kids out of the truck he had my daughter turn the truck off they never stabilized the kids and they took all 4 in one ambulance they stabilized my wife... Read more »

W. Whitfield Hyman
W. Whitfield Hyman
answered on Jan 27, 2022

You need to ask a question, there is no question here.

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can a charge of 2nd degree battery be upgraded after sentencing if the victim dies?
Richard Lane Hughes
Richard Lane Hughes
answered on Jan 4, 2022

Yes, it can be amended. That is unless the defendant can show actual prejudice. That is nearly impossible in practice. It is discretionary with the Court and that discretion is given great weight.

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