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Arkansas Criminal Law Questions & Answers
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 trouble... 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.

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...
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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)...
Read more »

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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