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Arkansas Criminal Law Questions & Answers
1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Civil Litigation for Arkansas on
Q: I am be sued by a woman in Cleburne County for 20k of horse boarding. She took my horse from Wi without my permission,

She got caught forging my signature on the horses registration papers. Now she's sueing me for 20k for the 2 years she's had my horse. What kind of attorney do i need

James E Hensley Jr
James E Hensley Jr answered on Apr 15, 2021

Get a lawyer who will answer your calls even on weekends. You will probably owe her some money and she wants to keep the horse instead of taking payment. My cousin is one of the top trainers in the mid-south. Her fee is $375 per month per horse. That would come to around $9,000 in your case. Since... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Are false names on incident reports, cover sheets and the statement by a witness provide any type of action for defense?

Felony criminal case, false names of the witness and the offended person on the investigation report and the cover sheet. The witness statement begins, "I (false name) ...

The names are close but not accurate. Does defense counsel have anything actionable on this or is it... Read more »

Richard Lane Hughes
Richard Lane Hughes answered on Apr 13, 2021

Complete accuracy on those documents is likely harmless. An intentional false report is another matter.

1 Answer | Asked in Criminal Law for Arkansas on
Q: If you are charged with possion and get a imposed sentence the get revoked is that an additional felony
Richard Lane Hughes
Richard Lane Hughes answered on Apr 13, 2021

Yes. However, you may be able to simply get reinstated. It depends on a number of variables and the basis for revocation proceedings.

1 Answer | Asked in Gov & Administrative Law and Criminal Law for Arkansas on
Q: Can an 18 year old conceal carry in the state of Arkansas without a CCL?

I have legally purchased a handgun so I would like to know if I can legally carry it.

W. Whitfield Hyman
W. Whitfield Hyman answered on Mar 21, 2021

Yes, but there will be many places you are not allowed to carry. Mainly on government owned property. For a list of all the places you may not carry under state law, check here:

https://arkansaslawking.com/where-can-you-carry-a-gun-in-arkansas/

However, many of the places where it...
Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Small Claims for Arkansas on
Q: Is there a way I can address ta bench warrant/writ of bodily attachment without going to jail?

I apparently have a bench warrant and writ of bodily attachment from 2011, at that time in my life I was very heavily an IV drug abuser, homeless, jobless... Now I have a full time job, an apartment, custody of my child and I’m a single mother, father of my child can’t be found so I need to... Read more »

James E Hensley Jr
James E Hensley Jr answered on Mar 8, 2021

It sounds like you have done well for yourself. Thanks for reaching out. The answer is yes but with a caveat that many Judges make you show up to have the warrant served on you. We need to know the charges and where the case is located. For instance, if you have misdemeanor charges in Conway, there... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Arkansas on
Q: Hi, would you please advise me on the protocol for requesting a no contact order in Arkansas be rescinded? Thank you.

Specifically, the NCO is for both parties & the charge is domestic battery 3rd degree. Hearing set for 4/14/21; incident occurred 2/20/21. Both spent 48hts in Benton Co jail on Saturday evening, & both were released on Monday norming after Judge ruled that there was no bond required. We... Read more »

James E Hensley Jr
James E Hensley Jr answered on Feb 27, 2021

Thank you for reaching out. Couple things of concern:

You are going to be in law school. This charge will cause you some grief when you apply to the bar; specifically, even though you win the charge and your record is sealed, make sure you tell the bar about it on your application and...
Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: should I fight a possession charge that resulted from calling 911 for an overdose after we administered nalaxone?

It was a fentanyl overdose and they searched my apartment bc they said they knew my husband was a drug dealer and we are both on parole and they found drugs in our apartment and took us both to jail after saving someone’s life with Narcan that I received from a harm reduction organization and... Read more »

James E Hensley Jr
James E Hensley Jr answered on Feb 20, 2021

Seems like you would receive better treatment saving a life. When you are on parole, any law enforcement officer may search you, your home, your car, etc. A few years ago, I took the issue of who may search a person to the Arkansas Supreme Court after my client was searched by some police officers... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Land Use & Zoning for Arkansas on
Q: Can I let my yard grow as the Creator intended against city ORDINANCE under RFRA,

Can I advance my religion (native American) as defense to failure to cut grass,?

W. Whitfield Hyman
W. Whitfield Hyman answered on Feb 15, 2021

Probably not, but you could just plant trees covering your whole yard and I bet grass wouldn’t grow

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: A person was arrested by DEA in front of my apartment building 3 days later the kicked in my door . Was not home.

They took seven of my guns say one was stolen claiming I had links to drug trafficking no drugs found.haven't found charges yet but say they are going to charge me with theft by receiving what do I do

James E Hensley Jr
James E Hensley Jr answered on Feb 11, 2021

You need to speak with an attorney who works in the Federal Courts. Right now. Don't speak with anyone until you speak with that attorney!!

1 Answer | Asked in Criminal Law for Arkansas on
Q: I'm on probation and my house was search for probation sweep without my probation officer. Is that legal in Arkansas
James E Hensley Jr
James E Hensley Jr answered on Jan 17, 2021

About 5 years ago, I took this same issue to the Arkansas Supreme Court. The facts sound the same. My client was out on parole and the agreement said his "probation/parole officer" could search my client's home and vehicle. A local officer stopped my guy and searched his car. We... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can I get my records expunged for a3rd degree battery
W. Whitfield Hyman
W. Whitfield Hyman answered on Jan 14, 2021

Yes but it will take five to six years from the date you were convicted. You could also try to get a pardon which would only take about two years.

1 Answer | Asked in Criminal Law and Family Law for Arkansas on
Q: Does a father have legal rights to his child if the mother of child passes away?

Her parents wont let father see the child nor answer his calls je eas very much involved in the childs life.

James E Hensley Jr
James E Hensley Jr answered on Dec 27, 2020

Absolutely. In fact, the father is now the custodian. Depending on the facts and circumstances, he can get an order to pick up the child. Lots of issues here but dad may be in the controlling position. The grandparents will probably try to adopt the child or at least get guardianship. Dad needs to... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: What happens if a defendant never received notice if court date
Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 7, 2020

If a defendant has a court date and fails to appear, the court will issue a bench warrant for that failure to appear.

1 Answer | Asked in Criminal Law and Constitutional Law for Arkansas on
Q: In Arkansas is it legal to walk around in public with a sword that's sheathed?

I know in Arkansas you can carry any sized knife concealed or open carry as long as you don't have any intent to harm anyone. Does this work for swords too?

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

Yes

1 Answer | Asked in Criminal Law for Arkansas on
Q: Are you aloud a second opinion with another lawyer even if you have already hired one??

i dont feel like he is helping me any what so every never returns phone calls or emails isnt filing all the stuff that should be filed he saying as its a waste of time but its not like he just has no interest!! can i get a second opinion before i end up in prison bc my lawyer dont seem to care!!

James E Hensley Jr
James E Hensley Jr answered on Dec 4, 2020

You can speak with another attorney even though you have retained a lawyer. In fact, most lawyers want their clients to consider other options if a client is not satisfied. The goal is to help a client avoid jail or the repercussions of a criminal charge. I would be very surprised if your lawyer is... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: May an Arkansas resident own an NFA registered machine gun in Arkansas?
W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 2, 2020

Yes

1 Answer | Asked in Criminal Law for Arkansas on
Q: How can i get a lawyer for adc inmate charged
James E Hensley Jr
James E Hensley Jr answered on Nov 15, 2020

Hello there. I'm having trouble understanding your question. Are you wanting an inmate's LAWYER charged? Perhaps you want a lawyer for an ADC inmate?

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Arkansas on
Q: Can a Grandparent keep their grandchild from her mother without a court order?

My 21 year old daughter has a 7 month old baby. My daughter has been battling with drug addiction on and off for about 5 yrs. Recently she dropped her baby off at her fathers house to stay for a few days. When she returned to pick her baby up her father refused to let her have her baby. He says he... Read more »

Josh A. Eason
Josh A. Eason answered on Oct 7, 2020

If your daughter was never married to the father and he has never been adjudicated the father by the Court then no. However, he can petition the court for paternity and custody. The father can also file an ex parte emergency custody petition with his paternity action to get immediate custody if the... Read more »

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1 Answer | Asked in Criminal Law and DUI / DWI for Arkansas on
Q: 5-65-103 1ST         DRIVING WHILE INTOXICATED - DWI 1ST; MU I'm needing to know what the MU means
James E Hensley Jr
James E Hensley Jr answered on Oct 4, 2020

"MU" means "Misdemeanor Unclassified." In Arkansas Misdemeanors are classified as

A Up to 1 year in the county jail and $2,500. This is for DWI 1.

B Up to 90 days in the county jail and $1,000.

C Up to 30 days in the county jail and $500 fine.

U...
Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: My question is can a guilty plea be overturned because the person felt that he was forced to take a guilty plea

My son was charged with third degree to sexual assault on his neice the attorney he had at the time they fired her my son has been in there 7 years now and my granddaughter which is his niece has told a new family member that her mother force her lie about her uncle that if she didn't her... Read more »

W. Whitfield Hyman
W. Whitfield Hyman answered on Sep 25, 2020

Yes it is possible. It is best if you learned about this stuff after the plea, call attorney Michael Kaiser in Little Rock he does this kind of work.

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