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Arkansas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Arkansas on
Q: Can you be charged with possession of a controlled substance in arkansas for having two joints?
Roy Lee Warren
Roy Lee Warren answered on Nov 18, 2019

I would say only if the joints had a c/s within them, otherwise no.

1 Answer | Asked in Criminal Law for Arkansas on
Q: After pleading guilty to an offense and the judge accepts your plea and adjourns court, can you appeal?

The charges were resisting arrest, obstruction of government affairs, and hindering apprehension. Hindering is a felony charge. I thought I would have a public defender but I didn’t have one present on that day which was 11/13/2019.

Roy Lee Warren
Roy Lee Warren answered on Nov 18, 2019

Yes, as long as you did not waive your right to appeal and you timely appeal.

1 Answer | Asked in Criminal Law for Arkansas on
Q: While on parole ,is my parole officer allowed to enter my home and search without me present?
James E Hensley Jr
James E Hensley Jr answered on Nov 12, 2019

Yes. In fact, so are the police and any other law enforcement officer. A few years ago I had a client who was on parole. The local cops stopped my guy and arrested him. The cops said they had authority based on the parole officer's authority.

We objected because my client's agreement...
Read more »

1 Answer | Asked in Child Support and Criminal Law for Arkansas on
Q: My passport is suspended due to past child support. Can I still go on a cruise with birth certificate and ID ?

I found out a month ago that my ex has reopened the child support. It retroactively went to 2014. I am $16,000 behind. Passport is suspended. I have a cruise booked for Dec 4-7. I have called several places about it. And no one seems to know the answer but tells me they think I should be good.... Read more »

James E Hensley Jr
James E Hensley Jr answered on Oct 31, 2019

Copy this link to your browser. Lots of good information.

https://www.acf.hhs.gov/css/resource/overview-of-the-passport-denial-program

I do not believe you will be able to leave or return with the passport suspended. If the Federal Office of Child Support Enforcement (OCSE)...
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1 Answer | Asked in Criminal Law, Libel & Slander, Family Law and Appeals / Appellate Law for Arkansas on
Q: I was forced to plead guilty to a felony but the person or victim now says they lied on me an would tell them what 2 do?

Felony on husband aggravated assault. We had both been drinking n he lied on me later on a court date I was n rehab due to court order from mis court n was issued a fta felony judge n lawyer said if I didn't plea guilty id set n county for 4 months waiting on a court date my rehab was over 100... Read more »

Gary Kollin
Gary Kollin answered on Oct 30, 2019

You have a lawyer to whom you should be speaking

1 Answer | Asked in Criminal Law for Arkansas on
Q: In the state of arkansas is it illegal for the law to bust in your home before 6am.??

Like my friend they just kicked his door in at 3am this morning I thought its was busk to dark

Michael Kiel Kaiser
Michael Kiel Kaiser answered on Oct 29, 2019

Generally, law enforcement must execute a search warrant between the hours of 6am and 8pm. That is pursuant to Rule 13.2(c) of the Arkansas Rules of Criminal Procedure.

However, there are exceptions if the issuing judge finds: 1) the place to be searched is difficult of speedy access; or...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: How do I request evidence & reports on my case, as well as file for a request of discovery
James E Hensley Jr
James E Hensley Jr answered on Oct 21, 2019

You should not represent yourself. Your lawyer knows how to obtain all the information for you. If the case has not been filed, you must wait until then.

After you have been charged, you can just ask for it from the Prosecutor. You need to identify yourself and the case number, sign it...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: If you were in jail on Dec 5, 2018 in Louisiana and had court in Miller county on Dec 18, 2018 &in Miller county jail

He remained incarceration until Miller county Arkansas just came and got him about 3 weeks ago. He goes to court Tues on the FTA warrant. But Caddo parish sent them a letter of incarsaration showing he was in jail all this time. Can they convict him on this? I read Arkansas code 5-54-120 FTA

Gary Kollin
Gary Kollin answered on Oct 20, 2019

He should have an attorney, appointed or retained. Talk to his lawyer

1 Answer | Asked in Criminal Law for Arkansas on
Q: Divorced with children.15-year-old daughter made allegations that I touched her. Haven't spoken/seen over a 1

What could I be possibly facing? The allegation is completely a lie. Very rough divorce with mother. Mother is very manipulative. I was contacted by the police department today, but for the life of me, I can't remember what charge (If any) they told me or even when the date of the incident... Read more »

James E Hensley Jr
James E Hensley Jr answered on Oct 16, 2019

Very smart of you. Do not meet with the police without an attorney. Teenagers sometime make these allegations because they do not want to follow your rules. Sometimes the other parents go along with this to keep you away from this child and the other children. It is the worse for sure. If you... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and White Collar Crime for Arkansas on
Q: My ex-girlfriend is threatening to press criminal charges against me unless I continue to be with her. Is that blackmail
William Jaksa
William Jaksa answered on Oct 14, 2019

Yup. A person can threaten you with reporting a crime or starting a civil action to correct your behaviour - that's perfectly legal. But be my boyfriend or else ... that is blackmail. The real question is what are you going to do about it? Leave her and face criminal charges? What is worse?

1 Answer | Asked in Criminal Law for Arkansas on
Q: Does a CI have to be present in court for the defendant to be charged?

Does the evidence have to show an exchange between the CI & the defendant?

Gary Kollin
Gary Kollin answered on Oct 9, 2019

You have different questions. A CI does not have to be present in court to charge the defendant which is a different question as to whether a CI must testify in order to convict a defendant

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Intellectual Property for Arkansas on
Q: I'm a victim of a crime me rights have been ignored

False my title

Gary Kollin
Gary Kollin answered on Sep 30, 2019

If you think do, then consult with an attorney in person

1 Answer | Asked in Criminal Law for Arkansas on
Q: In a circuit courr felony drug indictment can a person felony parole or probation be used as there credible Witnes
Gary Kollin
Gary Kollin answered on Sep 27, 2019

Your inquiry does not make sense

1 Answer | Asked in Criminal Law for Arkansas on
Q: What is the difference between battery and assault?
Stewart Whaley
Stewart Whaley answered on Sep 26, 2019

Battery - cause actual harm.

As in, I just hit you with a bat.

Assault - threaten to cause harm. As in, I’m going to hit you with a bat!”

1 Answer | Asked in Criminal Law for Arkansas on
Q: Should I file harrassment charges on old probation officer

She says she will have my 21 year old boyfriend charged (I'm 17) even when I tell her my parents are okay with it

Saying that she CAN AND WILL keep me in school until I graduate that I can't drop out with parents signature

Saying that she will have the cops come get me if I miss... Read more »

Gary Kollin
Gary Kollin answered on Sep 24, 2019

By old, do you mean former?

I think your best approach may be reporting her to the department and the department may conduct an internal affairs investigation

1 Answer | Asked in Criminal Law for Arkansas on
Q: What if I was driving someone else car and they had an empty clear bag with residue of metaphimine.

Yet they charge me wfelony

Gary Kollin
Gary Kollin answered on Sep 4, 2019

You need an attorney

1 Answer | Asked in Criminal Law for Arkansas on
Q: I was arrested for delivery of controlled substance sch III meth in Lonoke county, arkansas on August 16

I have not seen evidence but was for warrant going back several months before to a person who I know now as CI.

Vanessa Cash Adams
Vanessa Cash Adams answered on Aug 30, 2019

What is the question? How to find out what the state's evidence is? File a Motion for Discovery. But there are plenty of other motions and issues that need to be addressed. Consult an attorney.

1 Answer | Asked in Criminal Law and Real Estate Law for Arkansas on
Q: If I have a misdemeanor charge for theft that is being expunged will this still bar me from getting a realtor license?

I haven’t started the process yet for my expungement, but I am in the process of trying to find a lawyer to do so, it’s a Misdemeanor A Theft.

James E Hensley Jr
James E Hensley Jr answered on Aug 27, 2019

Once the charges are expunged you the charge will not show up on your record with the state of Arkansas; however, there are other websites that record you being charged. They rarely receive notice of the expunged record. You might need to send them a copy of the file marked expunge order.... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Hi, I am facing terroristic threatening charges where multiple people at work accused me of making threats

I was wondering if there was a way I can see the statements they wrote to the police somehow before my court date?

James E Hensley Jr
James E Hensley Jr answered on Aug 25, 2019

Your lawyer will request what is called Discovery. The state must give you everything they have against you including any evidence that shows your innocence. You will be able to see everything written against you. If you don't have a lawyer, just write a letter to the prosecutor and request to... Read more »

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