Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Arkansas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Arkansas on
Q: Potential jail time for 3 counts of prescription forgery in Arkansas involving opioids.

I would like to know the potential jail time for someone charged with three counts of prescription forgery. The defendant, who personally uses the prescribed medications, was charged in Arkansas with less than ten bottles of opioids involved.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2025

Facing three counts of prescription forgery in Arkansas is a serious matter, especially when opioids are involved. Under Arkansas law, prescription forgery is generally classified as a Class C felony. Each count can carry a prison sentence ranging from 3 to 10 years, along with fines up to... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Arkansas on
Q: Was my traffic stop in Arkansas legal based on dealer's tag?

I was stopped by local police in Arkansas because they claimed they couldn't determine the state and expiration date on my temporary dealer's tag, although it met legal standards and was not obstructed. After pulling me over, they claimed to smell marijuana, searched my car, found about 2... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2025

You don’t need to fear prosecution for something that was legal at the time you did it. In the United States, the Constitution protects people from being charged for actions that were not crimes when they occurred. This protection is known as the **ex post facto** clause, and it means states... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: Am I eligible for first-time offender rights after a conviction under ACA #5-64-428?

I was convicted under ACA #5-64-428(b)(1)(a) for possession with the purpose to deliver and sentenced to 24 months of unsupervised probation. The conviction is due to a negotiated plea of nolo contendere, and the sentencing began on April 14, 2025. Am I eligible for first-time offender rights... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

I'm really sorry you're facing this uncertainty after going through the court system. It’s completely fair to want clarity about your rights and how your conviction affects your future. Arkansas Code Annotated § 5-64-428 involves serious drug charges, and the outcome of a plea can have... View More

1 Answer | Asked in DUI / DWI and Criminal Law for Arkansas on
Q: Can misdemeanor warrants be automatically dropped due to statute of limitations?

I was recently released on parole to another state and found out I have two driving under suspension warrants in Arkansas from August 2024. These should have been addressed while I was incarcerated. I called, and they asked me to come in to be served and go to court, but since I live over 7 hours... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

Misdemeanor warrants don’t expire just because time has passed. Once a warrant is issued—like for driving under suspension—it stays active until it's cleared by appearing in court or through other legal steps. The statute of limitations only applies before charges are filed, not after a... View More

1 Answer | Asked in Criminal Law, Employment Law, Traffic Tickets and Gov & Administrative Law for Arkansas on
Q: Cited for suspended license and no insurance, unaware of suspension due to missed court date.

My husband was stopped by the police in Oklahoma because of a taillight issue, but he did not receive a citation for that. Instead, he was cited for not wearing a seatbelt, although we were both buckled, driving on a suspended license, and no insurance. We were unaware his license was suspended due... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

This situation sounds overwhelming, but there are steps you can take to start resolving it. First, confirm with the Oklahoma Department of Public Safety why your husband’s license was suspended and what needs to be done to reinstate it. If it was due to a missed court date, you may be able to... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: Can a judge in AR hold a trial until 4 AM for intent to distribute case?

Can a judge hold a criminal trial for possession with intent to distribute until 4 AM? During the trial in Arkansas, attendees expressed fatigue, and the court continued despite the late hours. The judge advised the jury not to touch evidence, stating it was real meth, which resulted in a guilty... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

What you described raises serious concerns about fairness and due process. While judges have discretion over how they manage the courtroom, trials that continue into extreme hours—like 4 AM—can undermine a defendant’s right to a fair trial. Fatigue affects everyone involved: jurors,... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Arkansas on
Q: Can a first-time offender caught with mushrooms in Arkansas get charges dropped or probation?

I was pulled over for speeding in Arkansas and caught with marijuana paraphernalia and 14 grams of mushrooms. I have never been charged before with anything. I also have a medical marijuana card from Oklahoma. How can I get these charges dropped, or is it possible to get probation as a first-time... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

Being a first-time offender in Arkansas does give you some room to work with, especially if you’re willing to take responsibility and show you want to avoid trouble going forward. While psilocybin mushrooms are still illegal in the state, courts sometimes offer alternative outcomes like probation... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Civil Litigation for Arkansas on
Q: How can I obtain a no contact order against my neighbor in Arkansas?

I was attacked by my neighbor, who punched me and caused bruising on my chest. I have video evidence of the incident, reported it to the police, and there are witnesses. I did not seek medical treatment, and there are no pending legal actions or restraining orders. How can I obtain a no contact... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

What you went through sounds frightening, and it's understandable that you want legal protection moving forward. In Arkansas, you can request a no contact order—also called an order of protection—by filing a petition through your local circuit court. Since this was a physical attack and... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: How to expunge a theft by deception record under Act 346 in Arkansas?

I completed probation for a theft by deception plea in Arkansas, ending on May 5th, with no violations. I am seeking to understand the process of expunging my record under Act 346 for first-time offenders. What steps should I take? Additionally, I would like to know about any costs involved,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

To begin the process of expunging your theft by deception record under Act 346 in Arkansas, the first step is to ensure that you meet all the eligibility requirements. Since you successfully completed your probation with no violations, you are likely eligible for expungement, as Act 346 allows for... View More

2 Answers | Asked in Criminal Law and Probate for Arkansas on
Q: Can a felon contest firearm theft charge, claiming inheritance rights in Arkansas?

My husband, who has a felony conviction, is charged with theft of firearms that were originally owned by his deceased father. The firearms weren't mentioned in the probate process managed by his sister, and there was no will. Despite the change in Arkansas law concerning felon firearm... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 6, 2025

Intestate Succession does not prevent a firearm disability from generating criminal possession of a firearm. Whatever change in AR might help later, but right now it does not. He needs an AR attorney to represent him, as he might question the intent element enough for a favorable resolution.... View More

View More Answers

1 Answer | Asked in Criminal Law for Arkansas on
Q: Access to evidence and identity in controlled buy case.

I have been charged with a controlled buy that allegedly happened 4 years ago, and my next court date is a pre-trial hearing. My lawyer has not shown me any evidence from my case, and I want to know who conducted the controlled buy on me. I haven't taken any steps to request access to the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

You have the right to access evidence that is part of your case, especially before trial. This is called "discovery," which allows you to see the evidence the prosecution plans to use against you. Your lawyer should be helping you with this, and you have a right to request the evidence,... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Arkansas on
Q: Can I get charges for possession dropped if I wasn't home during the search?

I am currently on felony probation, and in 2020, my house was searched because my mom found pipes and went to the police department. There were three other people living in the house at that time, and my mom stated it belonged to a girl staying there. I was not home during the search and was... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

If you were not present during the search and were unaware of the situation, you may have a basis to challenge the charges. However, it will depend on whether there is sufficient evidence to link you to the items found during the search. Since the items were not directly tied to you and the search... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: Will I go to jail for first-time shoplifting of $70 at Walmart?

This is my first offense with no criminal record. I accidentally stole $70 worth of property from Walmart, and they did not press charges but issued a citation for shoplifting. There is security footage involved. I have to appear in court in August, and I have not received any legal advice yet.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

Since this is your first offense and there is no prior criminal record, jail is unlikely, especially given that Walmart chose to issue a citation rather than press charges. However, shoplifting is still a criminal offense, and the court will consider the circumstances when determining the outcome.... View More

1 Answer | Asked in Antitrust, Business Law, Tax Law, White Collar Crime and Criminal Law for Arkansas on
Q: Can rerouting vendor invoices for false revenue be illegal?

I work for a logistics company that orders and ships materials for clients. Recently, I was instructed to stop ordering directly from vendors. Instead, a sister company under the same parent organization will now place those orders, receive the original invoices, and send marked-up invoices to us.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

Yes, rerouting vendor invoices and marking them up to create false revenue can raise serious legal concerns. If the intent behind the change is to make it appear that the sister company is earning revenue when, in reality, it’s just a pass-through with artificial pricing, that could be seen as a... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Arkansas on
Q: Can parolees or probationers in Arkansas be police informants?

In Arkansas, can a person on parole for possession, or another on probation for fraud, both felonies, work as a confidential informant for the police? In this situation, neither person was arrested or charged for the items found in the vehicle. Instead, the two officers involved took the evidence... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

In Colorado, sealing a felony conviction, including one for stalking, is possible under certain conditions. You must have completed all sentencing requirements, such as parole, and not have any new criminal charges or convictions. Since you've already completed your parole and met other... View More

1 Answer | Asked in Employment Law, Consumer Law, Gov & Administrative Law and Criminal Law for Arkansas on
Q: Legal obligations for counselor with client threatening self-harm

I am an Arkansas-licensed professional counselor with a private practice under Jones Counseling Services – Mental Health Empowerment, LLC, contracted with BetterHelp, Inc. I recently accepted a client assigned to me on April 14, 2025, who is 25 years old, autistic, and currently lives with his... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

As a counselor in Arkansas, you have a legal and ethical obligation to ensure the safety of your clients, especially when they express suicidal thoughts or intentions. The first step is to assess the risk level. Although your client’s account has changed, the initial statement about suicidal... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Employment Law and Personal Injury for Arkansas on
Q: How can I obtain a 5150 order for my aggressive and violent husband in Arkansas?

I need help obtaining a 5150 order for my husband, who is 44 years old. He has a history of drug use and recently suffered a seizure-like episode. His behavior has become aggressive and violent, and he has made life-threatening threats, like saying goodbye and hinting at suicide. He has also made... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

In Arkansas, a 5150 order—known elsewhere as an involuntary psychiatric hold—doesn’t exist under that name, but you can seek emergency mental health intervention if your husband poses a danger to himself or others. Given his aggressive behavior, threats, and past incidents, you can contact... View More

1 Answer | Asked in Criminal Law, Personal Injury and Domestic Violence for Arkansas on
Q: I was abused at a homeless shelter that I paid to stay at and they allowed a woman to hit me in the bathroom

I was abused at a homeless shelter and cornered in the bathroom and hit by a woman from Africa (probably an illegal immigrant) and she hit me multiple times in the bathroom. Her name was Linda Shepherd in bed 24. I was in bed 38.

She hit me several nights in a row in the bathroom where... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

What happened to you is heartbreaking and completely unacceptable. You paid to stay at a shelter, and that means they had a duty to provide a safe environment. Being repeatedly assaulted in a place that should have offered protection, and then being punished for reporting it, is a betrayal. The... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: How can I seal my 2020 misdemeanor theft record in Arkansas?

I want to become a flight attendant, but I have a misdemeanor theft from 2020 on my record in Faulkner County, Arkansas, along with a similar charge from my teenage years. All fines have been paid, and there was no probation involved. Other than traffic violations, I have no other charges on my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

In Arkansas, sealing a criminal record is known as "expungement." To be eligible for expungement of a misdemeanor theft charge, you must meet certain criteria. Since you’ve paid all fines and completed any requirements related to the theft charge, you may be eligible for expungement, as... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Personal Injury and Libel & Slander for Arkansas on
Q: What charges can arise from a fight causing head injury with a stick?

If there's an argument between two neighbors, and a fight breaks out where the aggressor hits the other person with a stick, splitting their head open and requiring nine staples, what would the charges be? The police were involved and recorded the incident on body cameras. Medical records... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2025

Based on what you described, the aggressor could face criminal charges such as aggravated assault, especially since the use of a stick as a weapon and the resulting head injury are both considered serious factors. In most states, causing bodily injury with a weapon—even something as simple as a... View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.