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Arkansas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Arkansas on
Q: Does state of Arkansas follow federal law concerning felon in possession of pre-1899/antique muzzleloading firearms.

I was wondering if the state of Arkansas follows federal law concerning felon in possession of antique/pre-1899 muzzleloading firearms. I know that federal law does not prohibit us from using/possessing these types of firearms. I am unsure if the state has any Laws regarding them, and if they do,... Read more »

W. Whitfield Hyman
W. Whitfield Hyman answered on Jun 29, 2020

You can't possess those in Arkansas as a felon, but air rifles are probably legal.

You can get a pardon from the governor if the conviction was in Arkansas.

1 Answer | Asked in Criminal Law for Arkansas on
Q: I had a detective ask me to come in to answer some questions about harassment. How much trouble Am I in?

My dtr won’t speak to me. I called her husband several times he won’t answer. I sent my dtr a text letting her know I would like to talk, if not I would see a lawyer and file for visitation.

Stewart Whaley
Stewart Whaley answered on May 27, 2020

Without all of facts, messages, etc. it is not possible to determine. It could be a misdemeanor, it could be a felony. Either way, you are not required to speak with the detective. You should consult an attorney and present more information during the consult. Don't put any additional... Read more »

2 Answers | Asked in Criminal Law for Arkansas on
Q: I was arrested 7-5-17 my latest trial date now is 10-27-20 ]more than 3 years after my arrest do I need a accountant
W. Whitfield Hyman
W. Whitfield Hyman answered on May 23, 2020

There might be a speedy trial issue but it depends on whether or not the judge has been taking the time.

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1 Answer | Asked in Criminal Law for Arkansas on
Q: How does a man with 2 counts of 1st degree sexual abuse get off the registry and what do they have to do
Stewart Whaley
Stewart Whaley answered on May 19, 2020

Does he live in Arkansas? Was the conviction in Arkansas or out-of-state? Are the charges in the same case or separate cases? If convicted in two separate cases (different case numbers) he is not eligible for removal.

If the conviction is an aggravated offense or the offender level is 4,...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: Facing a class y felony charge with methamphetamine, paraphernalia and a firearm.. what are my best options?

Will hiring a good lawyer and taking a rehab course reduce my sentence?

James E Hensley Jr
James E Hensley Jr answered on May 17, 2020

Most certainly. Speak with several attorneys. Ask them how many jury trials they have had. Anything more than 25 is pretty good. Please realize that most criminal jury trials are not won. In fact, having jury experience is respected by Prosecutors. Thus, the offers are better for attorneys with... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Is the legal effect of old criminal expungement law still valid from 2007, although it was completely replaced in 2014?

I have a class D felony expunged in Arkansas. The conviction is from 1996 and the order to seal was issued in 2007. At that time in 2007 all civil rights including the right to possess firearms, were part of the expungement effect. However as of 2014 the law was repealed and under the new law,... Read more »

W. Whitfield Hyman
W. Whitfield Hyman answered on May 5, 2020

The new law won't impact your old expungement. You should check with ACIC (Arkansas Criminal Information Center) to see if you have your firearm rights.

1 Answer | Asked in Traffic Tickets and Criminal Law for Arkansas on
Q: Tonight I was written a ticket for contributing to the delinquency of a minor in Arkansas , what should my next step be

The cops showed up because a buddy who wasn’t there has a crazy girlfriend, and she showed up looking for him and then called the cops and told them a lie about somebody who was really drunk and left the house. Nobody was really drunk but a few people had a couple drinks at my house.

James E Hensley Jr
James E Hensley Jr answered on Mar 28, 2020

Thank you for reaching out. The citation is a class A Misdemeanor in Arkansas. This is up to one year in the county jail and up to $2500 fine if you plead guilty or are found guilty by a Judge. The charge may stay on your record forever. You can seal this record though. Depending on which court... Read more »

1 Answer | Asked in Constitutional Law and Criminal Law for Arkansas on
Q: The police arrested my friend for having a handgun in his pocket. Isn’t Arkansas a permitless carry state taff v state?
W. Whitfield Hyman
W. Whitfield Hyman answered on Mar 5, 2020

Yes and another case came down Thursday confirming that again. These police officers broke the law and your friend could probably sue them. I defend these cases and sue over constitutional violations, another attorney and I just won this case:

See:...
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1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Arkansas on
Q: Can we be denied the autopsy report if my loved one died in custody of the state?
James E Hensley Jr
James E Hensley Jr answered on Jan 27, 2020

The information below is a general statement regarding autopsy reports. There are forms on the Arkansas State Crime Lab Website that may assist you in obtaining the report. Typically, once the autopsy report is released to Law Enforcement Officials the information is public and you can use the... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: my son had a felony charge against him he has three boys DHS came and took them his charges were dropped to a misdemeano

will the state of Arkansas return them to him without delay.

James E Hensley Jr
James E Hensley Jr answered on Jan 18, 2020

Typically when the charges are dropped to a misdemeanor DHS will return the children. With that said, it will depend on what that charge actually is. If it is sexual or violent in nature DHS could still keep the kids. There is so much more you need to know about having the children returned.... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: Is there an automatic year parole denial if the offender is on parole when caught with firearm??

I have a buddy who was going to serve a 90 day parole violation on January 9th and got caught with a gun... Will he automatically get a year denial when he goes up for parole or is it an option but not automatic??

Adam Joseph Childers
Adam Joseph Childers answered on Jan 14, 2020

A violation of parole does not mean that an individual will get an automatic year of incarceration. If your friend signed for 90 days on the parole violation then he will be released after the 90 days pending the outcome of the new charge and any bond they will have to make after the parole hold... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: Is OBSTRUCT GOVERNMENT OPERATIONS a felony or a misdemeanor in Arkansas
Degen Clow
Degen Clow answered on Jan 7, 2020

In Arkansas, Obstruction of Governmental Operations is a misdemeanor.

1 Answer | Asked in Civil Litigation, Criminal Law and Small Claims for Arkansas on
Q: I have a family member that has a warrant out for their arrest for a Class A theft misdemeanor in Arkansas of $199.65

What is the possible penalty they may face and they currently do not have a record and have never been arrested. This will be their first offense.

Degen Clow
Degen Clow answered on Jan 7, 2020

This is an A - Misdemeanor, the penalty range is up to 1 year in county jail and up to a $2,500 fine. Because they are a first offender, their are several ways to handle this type of case to try to keep it off their record and help avoid any jail time. You should consult with a criminal defense... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Is there any chance of probation for first time offence of residential burglary class B felony in Arkansas?
James E Hensley Jr
James E Hensley Jr answered on Jan 6, 2020

Yes. A lot depends on the facts of the case. Typically though, a probation offer is possible; especially with a good lawyer. It is also possible to get the Class B Felony down to a lower Felony. Need to get a lawyer right away.

1 Answer | Asked in Criminal Law for Arkansas on
Q: If someone comes to court and claims that the drugs you are being charged with belong to them will the charges against y
Mark Ryan Thiessen
Mark Ryan Thiessen answered on Jan 6, 2020

Not guaranteed. Happens all the time where someone will take the fall. The DA will analyze the case and evidence. If this person is lying, they could be charged with obstruction, perjury, false statement.... lots of stuff so be very careful. Best to hire an attorney and let the attorney present... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Will the charges be dropped If someone else claims the drugs you are being charged with
Mark Ryan Thiessen
Mark Ryan Thiessen answered on Jan 6, 2020

Depends. Depends on the DA, the evidence and how much they want to believe that other person.

1 Answer | Asked in Criminal Law, Admiralty / Maritime and Constitutional Law for Arkansas on
Q: How do I obtain the status of sort of which has no implied obligation and has immunity without recourse of said entity?

How to make claim of status as a free man and only acting agent of said entity

W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 30, 2019

This is sovereign citizen nonsense. Do yourself a favor and forget it and move on.

1 Answer | Asked in Criminal Law for Arkansas on
Q: If i have a first time shoplifting citation, will I go to jail?
James E Hensley Jr
James E Hensley Jr answered on Nov 30, 2019

It would be rare to have jail time on a first charge of shoplifting. I figure you are charged in Arkansas. Shoplifting is a misdemeanor but could cause you some trouble later in life depending on where you want to work and your career path.

You should sit down with a lawyer in the area...
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2 Answers | Asked in Criminal Law for Arkansas on
Q: Is it legal in Arkansas to use deadly force to protect others?
Stewart Whaley
Stewart Whaley answered on Nov 28, 2019

In VERY rare circumstances and it should be avoided if possible. See Arkansas Code § 5-2-606. Use of physical force in defense of a person and § 5-2-607. Use of deadly physical force in defense of a person.

Despite your interpretation of those statutes, you should remember to err on...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: Can i fight my legal case from overseas?

i was arested june 2019 for "possesion of drug paraphernalia", in total panic i fled back to my wife an children who live overseas.

now i know this added fled charges, im not a dangerous criminal, just been in a bad place for a bit, ive straightend up, live, work and stay out of... Read more »

W. Whitfield Hyman
W. Whitfield Hyman answered on Nov 22, 2019

Is it a feeling or misdemeanor? Maybe if it is a misdemeanor you can hire an attorney to take care of it.

If it is a felony, you have to come back.

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