I'm being charged with 2nd degree battery for supposedly beating my soon to be step son. The father is saying that I did and they have my son had a bruise that I have no clue where it came from. The mother is on my side and is witness that the bru...
As Mr. Dowden said, the State can charge you, regardless of the result of the DHS investigation. However, your attorney will have some discussions with the prosecutor and may be able to negotiate a dismissal of the charge. This may be one of those cases where the charge was commenced before the investigation was fully developed.
If you have already been charged (and it sounds like you have), you will want to retain an experienced criminal defense lawyer. If you cannot afford one, the court will appoint you a public defender. Once you have a lawyer, be sure to give them all the information you know about the DHS case so they can follow up.
Good luck!See question
My daughter was arrested and was not read her Miranda rights until after they arrived at the police station while she was filling out a statement. They never told her what she was being arrested for until after she made a statement, is this incorr...
As you've been told, the answer is fact-specific. Retain a good criminal defense attorney for your daughter. Depending on the charge, this might rightly be charged in juvenile court (so her record could be clean). As for when they read her Miranda rights to her, that depends on when they started questioning her and whether she was in custody at the time. Hire a good lawyer. There is no other way to protect her rights.See question
kids went into the sports complex and took some soda pops and candy after hours and were charged with commercial burglary and theft of property, do the officers have the right to question/ integrate and make the minor right a statement out without...
If the minor is a suspect, he must have a parent/guardian or attorney present during questioning, unless he is being charged as an adult. If being charged as an adult, then if he waived his right to an attorney, they can question him. If he was charged as a juvenile, then juvenile rules prevail.See question
When the mom gets mad at grandma she wont let them see children. the 3 year old is very close to her grandparents and has a room at their house. Her father was killed before she was born and the mother was more than glad to be supported money, hou...
Both of the answers you have received are excellent answers. However, there is a caveat you need to know. A case from the US Supreme Court with your same situation (dad died, mom refused to let dad's parents see the kids, after at first allowing them to) was very clear that a fit parent has complete control over who their child is allowed to see, and that trumps any right the grandparents have to see their grandchildren. While Arkansas has a statute that allows grandparent visitation, that statute has strict limitations. If the mother is a fit parent, you may win a case in a local court, but it is likely that would be reversed by the Arkansas Court of Appeals or Arkansas Supreme Court, because the Arkansas statute cannot trump the decision of the US Supreme Court, because the Court's case stated that parenting, along with the right to complete care, custody, and control of one's children, is a fundamental constitutional right, and cannot be interfered with by a third party, even if that third party is a grandparent with whom the child has developed a relationship. Arkansas has developed some very, very narrow exceptions to that, but you will need to hire a family law attorney who is well experienced in grandparent visitation to be able to present the proper evidence to overcome that very heavy constitutional right.See question
I pulled up to the pump in Berryville Ar to get Gas. My mother pulled behind me because she put her card in the card reader to pay for me. I flip the pump on and the hose split spaying over 16 gallons of gas all over my truck me and soaked my moth...
As you can probably tell from the answers you have received, the question is not "can I sue?" The question is "If I sue, can I win?" To win a negligence suit, you must prove the oil company did failed to do something they should have done (sounds like you have that unless the hose split because a third party did damage to it and the oil company was unaware), and that was the direct cause of injury to you or your mother. Your vehicle was injured, but they offered to pay for a car wash, so a jury will probably feel you were sufficiently made whole for that. You and your mom were sprayed with gasoline, but that's not enough -- you have to have some sort of injury for which a jury would think you need to be compensated with money. You have not mentioned injuries. The officer's attitude has nothing to do with the oil company's liability. So unless you guys had medical treatment directly caused by being doused in gasoline, you probably would not be successful. You should talk to a personal injury lawyer. Bring in any medical records from any injuries caused by the gasoline. Most of them will give you a free consultation, so you can learn what your chances are of success. Good luck.See question
I was curious about something. My husband has some custody of his daughter, the birth mother hardly calls or visits. We haven't heard from her in 6 months and she hasn't visited in about 8 months. We plan on going to see his lawyer eventually and ...
You should not contact her. But don't do anything to prevent her from seeing the child. In Arkansas, one year of failure to support OR failure to have meaningful contact with the child can be sufficient to terminate parental rights. It may depend on whether she was warned of this in the custody order. You need to consult a good family - law attorney now, rather than later, to ensure you lay the foundation correctly for a termination/adoption proceeding.See question
I got into a verbal altercation with my brother-in-law, whom was abusive to my sister. The officers got there and told me to leave. He called me a vulgar name, I called him a woman beating POS! The officer arrested me, not him! I spent 26 hrs in j...
There is no way for us to know what your potential employer would consider "failing" a background check. As to whether it will show up on a background check, that all depends on how they do it. If they go through ACIC (Arkansas Crime Information Center ) or the state police, yes it will show up. If they go through a commercial background check company, it will depend on whether that company collects information on all crimes or only on felonies. You should probably disclose it, to be safe. Otherwise, they'll think you lied about it.See question
Or can I sue him for my broken heart?
No. The alienation-of-affection cause of action was repealed years ago in Arkansas. You can divorce him, due to adultery. There is no law that can soothe a broken heart.See question
My son is charged with DWI Drugs and refusal to take a blood test. He wrecked his car and I was there. He was not under the influence of alcohol, he blew 0 and they searched his car and found nothing. He had gotten stitches that day in his knee. t...
There is no way to know how strong the State's case is without seeing the evidence. However, there are some very good facts here that a good criminal defense/DWI attorney can work with. You need to hire an EXPERIENCED DWI attorney, especially one that has extensive training in DWI-drugs cases. While we are not allowed to solicit business on Avvo, we are allowed to make recommendations, and you have one of the best Arkansas firms in your jurisdiction - Bennett & Williams in Conway. They not only have extensive experience in DWI-drugs cases, Brad Williams is the ONLY attorney in Arkansas to achieve the designation of Forensic Lawyer-Scientist from the American Chemical Society (you can google that -- it made the news back in January), and he is actually considered an expert in this field. There are only 38 ACS Forensic lawyer-scientists in the country. If it was my kid, that's who I'd be calling. (And no, I don't get a referral fee from them -- they're just that good.)
Good luck!See question
Criminal defense attorneys in central Arkansas good at forgery charges.
Forgery and terroristic threatening are obviously very different crimes, but it is definitely not good that you have a prior conviction. You didn't say whether the prior terroristic threatening conviction is a felony or misdemeanor (in Arkansas, it can be either), but if it's a misdemeanor it probably won't affect things. If it's a felony, it may depend on how long ago it was.
As for the current forgery charge, before anyone can give you any solid advice or predictions, they would have to know the actual facts and see the actual evidence. A good attorney can give you some explanations about possibilities, but only after filing a discovery motion and obtaining the prosecutor's evidence can someone really say how good the state's case is against you. It may be great, or it may be a very weak case that is easily defeated.
You should immediately retain a good criminal defense attorney so they can begin working on your case. Even with a prior, it may be possible for you to have a non-prison outcome, depending on all the facts and circumstances. And don't give any further information on here. Prosecutors can read this site as well as us, and you don't want to reveal things about your specific case that can be used against you in court if they figure out who wrote it. Save that for your attorney!
Good luck!See question