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James E Hensley Jr

James E Hensley Jr

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  • Appeals & Appellate, Collections, Criminal Law...
  • Arkansas
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Formerly a Cop and Judge. Decades in the legal community. Personally available to all clients from 7 a.m. to 10 p.m. It costs you nothing to talk for a bit and see how we might help you.

Practice Areas
  • Appeals & Appellate
  • Collections
  • Criminal Law
  • Divorce
  • Domestic Violence
  • Family Law
  • Juvenile Law
  • White Collar Crime
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
8th Circuit
U.S. Supreme Court
  • American Sign Language: Spoken
  • English: Spoken, Written
Professional Experience
Arkansas Bar Association
- Current
William H. Bowen School of Law
J.D. (1998) | Law & Counseling
Websites & Blogs
Legal Answers
80 Questions Answered

Q. I am need to know more about sexual indecency with a minor. My son is in some trouble for it
A: Thank you for reaching out. The subject here will require a phone call or visit with an attorney. There are several good attorneys on this website.
Q. After Adoption is finalized. Can Grandparents of the deceased biological parents sue for visitation rights?
A: An adoption severs all ties with the parent and their relatives. See Section (a)(1) below. Ark. Code Ann. Section 9-9-215. Effect of decree of adoption. (a) A final decree of adoption and an interlocutory decree of adoption which has become final, whether issued by a court of this state or of any other place, have the following effect as to matters within the jurisdiction or before a court of this state: (1) Except with respect to a spouse of the petitioner and relatives of the spouse, to relieve the biological parents of the adopted individual of all parental rights and responsibilities, and to terminate all legal relationships between the adopted individual and his or her biological relatives, including his or her biological parents, so that the adopted individual thereafter is a stranger to his or her former relatives for all purposes. This includes inheritance and the interpretation or construction of documents, statutes, and instruments, whether executed before or after the adoption is decreed, which do not expressly include the individual by name or by some designation not based on a parent and child or blood relationship. However, in cases where a biological or adoptive parent dies before a petition for adoption has been filed by a step-parent of the minor to be adopted the court may grant visitation rights to the parents of the deceased biological or adoptive parent of the child if such parents of the deceased biological or adoptive parent had a close relationship with the child prior to the filing of a petition for step-parent adoption, and if such visitation rights are in the best interests of the child. The foregoing provision shall not apply to the parents of a deceased putative father who has not legally established his paternity prior to the filing of a petition for adoption by a step-parent. For the purposes of this section, "step-parent" means an individual who is the spouse or surviving spouse of the biological or adoptive parent of a child but who is not a biological or adoptive parent of the child. (2) To create the relationship of parent and child between petitioner and the adopted individual, as if the adopted individual were a legitimate blood descendant of the petitioner, for all purposes including inheritance and applicability of statutes, documents, and instruments, whether executed before or after the adoption is decreed, which do not expressly exclude an adopted individual from their operation or effect. (b) An interlocutory decree of adoption, while it is in force, has the same legal effect as a final decree of adoption. If an interlocutory decree of adoption is vacated, it shall be as though void from its issuance, and the rights, liabilities, and status of all affected persons which have not become vested shall be governed accordingly. (c) Sibling visitation shall not terminate if the adopted child was in the custody of the Department of Human Services and had a sibling who was not adopted by the same family and before adoption the circuit court in the juvenile dependency-neglect or families in need of services case has determined that it is in the best interests of the siblings to continue visitation and has ordered visitation between the siblings to continue after the adoption.
Q. Can i legally adopt my own child?
A: The answer is "yes." In Arkansas it is called a single-parent adoption. It removes an errant father from the child's life. You may adopt your child provided: 1. You do not have any felonies on your record; 2. The father has gone more than one year without having a relationship with the child. That does not mean he can show up a couple times a year. The law requires parents to be engaged in the raising of a child. 3. The father has gone more than one year without paying support. He can't just show up on December 31st with a $20 dollar bill. He has to pay meaningful support. 4. It is in the best interest of the child for the dad to be removed. For instance, the child is in fear of the father, the father is mean or terrifying, he is a brute, uses drugs, etc. This list is not exhaustive at all. Please realize that the law considers a bad father better than no father whatever that means. You will need an attorney to help you with this. Any mistakes at all and the petition will be denied. Fee and costs range from $3500 to $7500 depending on the need for a lawyer to help notify the father, filing fees, and if the father fights the adoption. This is a very specialized type of case. When you call lawyers ask how may of these type adoptions that lawyer has done and how they turned out. All adoptions are complicated but a single-parent adoption is no regular adoption. It is very complicated and full of snares for those who have no experience. I'm glad you are reaching out to protect your child. If something happened to you, Lord forbid, the child would go to the father. It is unlikely any other family member could overcome the presumption that the father has more rights than anyone else. Do something right away. And don't talk to the father or anyone else until you speak with an attorney.
Q. Order to seal and expunge under 5-64-401 act 346 give your gun rights back
A: Well, gun rights are sort of tricky in Arkansas and some states. The statute of which you speak is drugs. You are probably eligible to have your record sealed. It sounds like your record has been sealed. If so, you can vote and don't have to admit that you have ever been arrested. After you have your record sealed, you can petition the Governor to restore your gun rights. To have your gun rights restored, you will have to file a clemency action with the Governor of the State of Arkansas. Most criminal defense attorneys can do this for you. We do a lot of them. You might be able to do it yourself also. Not sure I would want to do it myself unless I was a lawyer though. With that said, the Governor will sometimes agree to restore your gun rights. The FBI and Federal Government may not agree though. While it is doubtful the FBI or Feds would ever cause you trouble with having a weapon on you AFTER the Governor restores your rights, I doubt you will ever be able to purchase a weapon from retail.
Q. Hi i have a few questions about the revocation of probation can anybody help out
A: You need to talk with a lawyer. You could go to prison from one year to several years. Being revoked means you did not follow the Court's orders regarding your probation. Your question is very broad. We need to know where the case is, the Judge's name, your charges, your name, the specifics of your probation order, etc. Most lawyers will answer your question over the phone. The lawyers listed here are great to help. I'll be glad to talk with you too. It is good you are reaching out for some help. Thanks.
Q. Will i ever be able to own guns again. Expunged, Pardoned etc? In Arkansas preferably United States
A: To have your gun rights, there are a couple things required: 1) You must have your record sealed. A Battery III can be sealed five years after you are finished with probation, payment of fees, restitution, costs, etc. Don't bother filing anything with the Governor or ACIC until the time has ran. You will be wasting your money: and 2) After you have the order to seal and Arkansas Crime Information Center has sealed your record, you can petition the Governor of Arkansas to reinstate your gun rights. Please realize that the Feds may not recognize the gun rights reinstated so you might not be able to buy a weapon at a store. You can still own one and carry it though; at least that's what a Governor's pardon should do. Note that there are several websites who will not know of your record being sealed. If a prospective employer runs a background check, it is entirely possible that your record will still show up. You will then send this Website a copy of the Order to Seal. They should correct their records. Background websites do not watch for any changes in your record. They just report everything and let their clients sort out what is true. You will be correcting errors for quite some time. Your lawyer will not do this for you. He/she will be clearing your state record only. You can do most of this yourself through ACIC.ORG where you can obtain the forms. Still, the system doesn't work well with folks representing themselves. Fees to do all the legal work is usually between $1800 and $3500 depending on how many charges you have and other circumstances that will inevitably arise. Take some really good advice from a lawyer who helps people in your shoes: 1) Get a Lawyer; 2) Make sure this lawyer is the most-expensive lawyer out there; 3) Make sure your lawyer gives you his cell phone number and will talk to you on the weekends, evenings, and holidays; and 4) Allow about 6 months for the procedures to be finished.
Q. My 15 year old stepson was droped off with my wife and I about 3 months ago. His step mom claiming she had woke up with
Q. I got a domestic batterycharge but me and wife just got in a argument i never put hands on her and she told cops i didnt
A: You need a lawyer for sure right now! This is a Class A Misdemeanor in Arkansas. You could receive a sentence in the county jail for one year and a fine of up to $2,500.00. Depending on the lawyer you hire and the Judge, you could have the case dismissed or spend some time in jail. Your lawyer will review the police reports to see why they arrested you. Typically, to make such an arrest, the police must see some physical injury on your wife or she was in fear for her well-being. She called the cops. The cops will consider that she was afraid. Alcohol is involved in most of these type of charges so you had one point against you when the police arrived. Your wife called the cops to make you a nice drunk guy. Cops don't show up to help drunk people. They take them to jail. They are usually called when someone hears yelling and fighting. Being on your front porch could be considered "public" if you live in an apartment. If you are in your closed-in porch of a house, it may still be considered public. A criminal trial attorney will help you sort it out. You should expect to pay between $1650 and $2500 for an attorney. Get one who will answer your calls and return your emails. Your lawyer will continue the case to allow sufficient time to review the state's case against you. Don't get too upset at this taking some time. Passing a case for a while allows witnesses to disappear and evidence to go away. Goo luck.
Q. Is it grounds for a insanity plea if I'm ordered to take a mental evaluation
A: Perhaps. A mental evaluation is ordered for a defendant when the Judge, your lawyer, or the Prosecutor believe you may not understand the gravity of the situation. In Arkansas, to be fit to stand trial is a fairly low burden. The defendant must 1) understand the charges against him and 2) be able to assist his attorney. For the most part, when a mental evaluation (called Act III in Arkansas) it is done to ensure the defendant is fit to stand trial. Otherwise, any defendant who is found guilty would claim mental infirmity. By the way, actually being unfit for trial happens in a very small percentage of cases. When it does happen, the defendant is usually given a civil commitment where they stay in the medical unit of a prison or some other similar facility. The person can stay there for life when they might be out of prison in a few months. You should discuss this very carefully with your lawyer. I hope you do well.
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Telephone: (501) 327-4900