Debra Joan Cheatham Reece’s Answers

Debra Joan Cheatham Reece

Russellville Criminal Defense Attorney.

Contributor Level 13
  1. My husband has a class d felony on domestic battery 3 rd degree 2nd offense with a ptr will he go to prison.

    Answered about 1 year ago.

    1. Debra Joan Cheatham Reece
    2. Raymond George Wigell
    3. Valerie Semmes Bouffiou
    3 lawyer answers

    As someone else posted, you do not have the ability to "drop charges" because you are just the complaining witness -- you are not the person who brought the charges. That was the prosecutor on behalf of the State. In answer to your question, yes it is quite likely they will revoke his suspended sentence and sentence him to prison, since the revocation is based on a felony violation that is a violent crime. That being said, prosecutors are sensitive to victim's requests. Your request needs...

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  2. Seeking an immigration attorney

    Answered almost 2 years ago.

    1. Debra Joan Cheatham Reece
    2. Giacomo Jacques Behar
    3. Lawrence Orta
    4. Alexander Joseph Segal
    5. Robert V Cornish Jr.
    6. ···
    6 lawyer answers

    I no longer practice immigration law. But what you really want is someone who practices a combination of immigration and criminal law. While we cannot solicit on here, we can recommend. I know several attorneys who can help who are in Little Rock fairly close to you. They are Reggie Koch, Blake Byrd, and Guillermo Hernandez. Blake was a former prosecutor do that may give him a special perspective. I'm pretty sure they all have websites and they may even be here on Avvo. Good luck!

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  3. Do you have a right to listen to a taped conversation between you and an informant before you go to trial?

    Answered 13 days ago.

    1. Debra Joan Cheatham Reece
    2. Gregory Klebanoff
    3. Christian K. Lassen II
    3 lawyer answers

    He has a right to hear it before TRIAL. However, the discovery rules are about trial, not a plea bargain. Probably this involved a confidential informant. Here's how that works. If the prosecutor really does not want to burn his C.I., he will offer a plea bargain. If the defendant accepts the plea bargain, he doesn't go to trial; therefore, the prosecutor never has to turn over the recording of the C.I. BUT, if the defendant demands to hear the recording, the plea bargain will be off the...

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  4. Does the biological father have any right over the grandparents if something happened to the mother?

    Answered 6 months ago.

    1. Debra Joan Cheatham Reece
    2. Stefan Kane McBride
    3. Kathryn L. Hudson
    4. Waymon S. Harrell
    4 lawyer answers

    To further support the folks who have already answered your question, a single-parent adoption would be a very final way of cutting off the father from the child, and quite effective. However, if he is trying to have a say in all major decisions in the child's life, he's liable to try to fight that. The better course may be as Ms. Hudson suggested, and file a paternity/child support petition. Yes that would end up entitling him to some visitation. But if he refuses to support the child for...

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  5. What would the punishment be in Arkansas (Sebastion County) for a second DWI (third in the state) and broken probation?

    Answered about 1 year ago.

    1. Debra Joan Cheatham Reece
    2. Brian Thomas Burke
    3. Catherine Lake
    4. Christopher Irvin Simser
    4 lawyer answers

    DWIs in Arkansas are calculated not by how many are in that county but how many have been received total. The look-back period is 5 years. So since there are 3 in five years, this is a DWI-3. Penalty for a DWI third offense is a minimum of 90 days in jail and a maximum of one year in jail, plus pretty exhorbitant fines. Sometimes the judge will allow community service in lieu of part of the jail time and/or fines. As for the probation, if the probation is revoked on the prior DWI, you can...

    4 lawyers agreed with this answer

  6. What do I need to prepare for in a criminal defense pretrial

    Answered over 1 year ago.

    1. Debra Joan Cheatham Reece
    2. Alan James Brinkmeier
    2 lawyer answers

    No, there is not a template. And if this is a felony case, you are entitled to representation. You can either hire an attorney or, if you are indigent, you can have one appointed. In a pretrial, many things can happen. If either side has filed a motion, that motion will be heard. The case can be scheduled for trial. The defendant can move to waive a jury trial and elect to have a bench trial (a trial before the judge rather than a jury); however, in Arkansas, the prosecution must also agree...

    4 lawyers agreed with this answer

  7. How do I need to word an Warning Order that I am having printed in the Paper?

    Answered over 1 year ago.

    1. Debra Joan Cheatham Reece
    2. Aaron Scott Hill
    3. Scott Allen Scholl
    3 lawyer answers

    If you know where he works, then you need to serve him at work. A warning order is for someone who has diligently searched for someone and can't find them at all. If you knew how to find him but didn't properly serve him, he could get your judgment overturned down the line. Also, a warning order is more than a notice in a paper. You must first have filed a motion and received an order allowing you to serve by warning order. You get that by filing an affidavit that outlines your diligent efforts...

    4 lawyers agreed with this answer

  8. Can the juvenile courts of Arkansas force me to take a hair follicle test for returning custody of my son to me?

    Answered almost 2 years ago.

    1. Debra Joan Cheatham Reece
    2. Scott Allen Scholl
    2 lawyer answers

    Absolutely. Anyone can pass a urine test by waiting til drugs are out of their system. You have to be clean if you want to regain custody. A hair follicle test will give a court a much better idea if you're clean because it can test back 3 to 6 months. Courts are ordering these more and more.

    4 lawyers agreed with this answer

  9. Is a self written letter notarized that gives one child power off attorney while living is still in effect after death.

    Answered about 2 years ago.

    1. Debra Joan Cheatham Reece
    2. Scott Allen Scholl
    3. William Thomas Schemmel
    3 lawyer answers

    As the other two lawyers stated, the power of attorney dies when the principal (the one giving the power of attorney to someone else) dies. And a power of attorney is not a will. So if the principal dies without a will, then their estate will be probated through the rules of what is called "Intestate Succession." If this is in Arkansas, that generally means that the "issue" (children or grandchildren) will share the estate, with the spouse being able to take an interest. I don't want to get...

    4 lawyers agreed with this answer

  10. Can your husband get custody?

    Answered over 2 years ago.

    1. Debra Joan Cheatham Reece
    2. Ryan Adam Ballard
    2 lawyer answers

    If you can prove what you have said, it is not likely he would get custody. However, men like that frequently get visitation. If the abuse is toward you alone, then that will not affect whether he gets visitation with the children. Definitely his cheating on you will not affect his visitation. That's between you and him. The things that would prevent visitation would be things like physical (or serious emotional) abuse of the children, having overnight guests of the opposite sex while the...

    4 lawyers agreed with this answer

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