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Arkansas Criminal Law Questions & Answers
1 Answer | Asked in Land Use & Zoning, Real Estate Law and Criminal Law for Arkansas on
Q: Can I move into an abandoned property?
James L. Arrasmith
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answered on Nov 17, 2023

In Arkansas, moving into an abandoned property without permission is not typically legal. This action could be considered trespassing or squatting, which are illegal. To legally occupy an abandoned property, you would need to gain ownership through legal means, such as purchasing the property or... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Criminal Law for Arkansas on
Q: how to find an attorney for mentally ill person put in a county jail till she plead guilty

My client has been in several mental institutions and was told she was INCOMPETENT and UNRESTORABLE by a forensic psychologist. She has been in out of the judicial system since 2012. I just learned some of these things , while doing research . One of her mental illnesses is a not good for her or... View More

James L. Arrasmith
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answered on Nov 12, 2023

To find an attorney for a mentally ill person in Arkansas who has been in the criminal justice system, consider reaching out to legal organizations that specialize in civil rights, disability rights, or mental health advocacy. The Arkansas Bar Association can provide referrals to lawyers with... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: What’s the penalty for first time criminal mischief?

My son was charged with criminal mischief for kick police door during in altercation

James L. Arrasmith
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answered on Nov 7, 2023

The penalty for first-time criminal mischief in Arkansas will depend on the degree of the offense, which is typically determined by the amount of damage caused. If the damage is less than $1,000, it is considered a Class A misdemeanor, which could result in up to one year in jail and a fine of up... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Arkansas on
Q: 16 year old charged as adult ask for lawyer but they kept questioning. And twhen told bd did nothing is this righ

He was on probation and police knocked on the door and said they came cause he broke his probation and then they started searching my house, after throwing him down and basically used unnecessary force on 16 yr old very skinny boy. We asked for lawyer at station but they just kept questioning him.... View More

T. Augustus Claus
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answered on Nov 6, 2023

It is concerning that the police continued to question your son after he asked for a lawyer. This may be a violation of your son's Miranda rights. Miranda rights are the rights that the police must inform suspects of before they can question them. These rights include the right to remain... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: I'm a. level2 sex offender who just paroled out of prison and I am being forced to wear a ankle monitor
T. Augustus Claus
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answered on Oct 23, 2023

As a Level 2 sex offender, parole conditions can vary, and one condition may include wearing an ankle monitor for tracking and monitoring purposes. These conditions are typically set by the parole board and may be part of your parole agreement. It's important to follow the terms of your parole... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: Arkansas criminal defense attorney

My friend is in prison and has been for a year now. I hired an attorney for him last year. He's being charged with serious felonies. The attorney has not been to see him a single time and hasn't really done anything. I tried to fire her, and she said she would stay on the case anyway....... View More

Richard Lane Hughes
Richard Lane Hughes
answered on Oct 21, 2023

The attorney-client relationship is between your friend and his lawyer regardless of who pays lawyer's fees. If he wishes to terminate that relationship, he can do so. The Court may not let attorney off the case given the time that has passed since the case was filed. However, if he hires... View More

1 Answer | Asked in Criminal Law and Animal / Dog Law for Arkansas on
Q: 562103 says a person commits offense ifknowingly subjectanimaltocrueltreatment?isdefinitionofcruel treatment

Trying to find out definition of cruel treatment

T. Augustus Claus
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answered on Sep 19, 2023

In Arkansas, the statutes related to animal cruelty provide definitions and specifications for various offenses. Based on your question, it seems you're referencing a specific statute number, which might not correspond directly to the actual code. However, to answer your question on the... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: At a concert and husband was falling and he grabbed my hair.

Me and my husband where at a concert and he was drinking. We where in our way out when he tripped and grabbed my hair on accident. 2 witnesses said he hit me and police arrested him with domestic battery 3rd degree. I told the police he did not hurt me and they still took him. I dont want charged... View More

Richard Lane Hughes
Richard Lane Hughes
answered on Sep 11, 2023

Yes, once charged the matter is in the hands of the State. However, no prosecutor wants a key witness available to the defendant to be hostile towards the State's case. Your husband needs an experienced attorney. If he cannot afford an attorney and meets certain criteria, the court will... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: If someone won't remove themselves from your property can you pepper spray them?
T. Augustus Claus
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answered on Sep 4, 2023

In Arkansas, the use of pepper spray or any other self-defense measure should be governed by the principles of reasonable force and self-defense. If someone is on your property without your permission and is refusing to leave, you generally have the right to ask them to leave verbally and call law... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can the cops legally arrest someone based solely on what a 13 yr said when there are 2 other witnesses that said the opp
T. Augustus Claus
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answered on Aug 31, 2023

In Arkansas, law enforcement officers generally have the authority to arrest an individual based on information they receive, including statements from witnesses, even if there are conflicting accounts. The key factor in making an arrest is establishing probable cause, which means having a... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: Granted Parole in arkansas, have a detainer in oklahoma how long do they have to come get me
T. Augustus Claus
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answered on Aug 25, 2023

When you are granted parole in Arkansas but have a detainer in Oklahoma, the time frame for Oklahoma to come and pick you up can vary. Generally, states have a reasonable amount of time to transfer a parolee with a detainer to their jurisdiction. This can range from a few weeks to a couple of... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: Is there a law in Arkansas that states that any ammunition taken into evidence must be destroyed and not returned

On the order to destroy evidence there isn’t anywhere on there that says to destroy the ammo

T. Augustus Claus
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answered on Aug 23, 2023

In Arkansas, the specific laws and procedures regarding the disposition of evidence, including ammunition, may vary based on the circumstances of the case and the applicable laws in the state. It's not a blanket rule that all ammunition taken into evidence must be destroyed and not returned.... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: So, my boyfriend is being charged with capital murder. Can I ask a question?

His brother went to steal drugs from some drug dealer's house. He Went with him, but stayed by the car. Didn't go inside or around back at all. His brother was shot and killed my the owner of the house. Now, he is facing a capital murder charge. How is that even allowed?

Richard Lane Hughes
Richard Lane Hughes
answered on Aug 22, 2023

This is called vicarious responsibility. Not a favorite of the law. However, legislators who make our laws want to be seen as tough on crime. The notion is that a person in the position of your boyfriend is responsible for the conduct of of all actors engaged in a criminal undertaking. It sounds... View More

1 Answer | Asked in Criminal Law, Divorce and Child Custody for Arkansas on
Q: My Ex Abducted our child in CA over the summer. The DA in CA did not press criminal charges. can i still press charges?

The DA in sacramento were helpful in getting the child back but they were not able to press criminal charges as he ultimately complied to the release of the child. I am unable to get a protection order in CA as i am no longer a resident or in AR as the crime was not committed here and there were no... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 18, 2023

Charging decisions are at the discretion of a prosecutor or DA (synonymous terms dependant on how a State titles the position). You may try to charge the ex in your home state and the authorities then make the decision. You also may wish to contact your divorce attorney to explore whether you can... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Arkansas on
Q: In Arkansas, if neither person in a boat has a life jacket on board, who is at fault, the boat owner or each person?
T. Augustus Claus
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answered on Aug 17, 2023

In Arkansas, as in many states, boating safety regulations typically require that there must be a sufficient number of U.S. Coast Guard-approved life jackets on board for each person on the boat. If neither person in a boat has a life jacket on board, it's likely that both the boat owner and... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: Being charged with the simultaneous is that one charge or is the drugs like another charge?
T. Augustus Claus
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answered on Aug 15, 2023

"Simultaneous possession of drugs" typically refers to a single charge that involves the possession of multiple controlled substances at the same time. It's not separate charges for each individual drug but rather a single charge encompassing all the drugs found in the person's... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Sexual Harassment for Arkansas on
Q: How do I stop an extortion attempt as a teacher from an individual with only a phone number from them?
T. Augustus Claus
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answered on Aug 14, 2023

If you're facing an extortion attempt via phone from an unknown individual, your safety is paramount. Firstly, refrain from engaging with the person. Document any communications you receive, including screenshots, texts, and voicemails. Report the situation to your local law enforcement,... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: Is it a parole violation to spend the night at another person's house living in the same state and county?
T. Augustus Claus
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answered on Aug 2, 2023

The conditions of parole can vary depending on the specific terms set by the court and the parole officer. Typically, parolees have certain restrictions and requirements they must follow during their parole period.

While spending the night at another person's house within the same...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: An inmate was sentenced to 2nd degree murder, under the Protect Arkansas act , will they have to do 85% of their time?

In Arkansas 2nd degree murder conviction, under new act how much time of a 20yr sentence will an inmate have to serve?

Richard Lane Hughes
Richard Lane Hughes
answered on Jul 31, 2023

First, you should be aware that the the Protect Arkansas Act does not apply to offenders for crimes committed before January 1, 2025.

Following that date, a defendant convicted of 2nd degree murder will serve 85% of his or her time before becoming eligible for release. That is, upon...
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1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Arkansas on
Q: If my 9 y/o son told me that his dad made him say that someone touched him inappropriately, is this considered abuse?
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answered on Jul 27, 2023

If you believe your child is being abused or is in danger, it is crucial to take immediate action to protect their well-being. In cases of suspected child abuse or neglect, it is essential to report the situation to the appropriate authorities, such as Child Protective Services (CPS) or law... View More

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