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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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Summary

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
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
Arkansas
8th Circuit
U.S. Supreme Court
Languages
  • American Sign Language: Spoken
  • English: Spoken, Written
Professional Experience
Arkansas Bar Association
- Current
Education
William H. Bowen School of Law
J.D. (1998) | Law & Counseling
-
Websites & Blogs
Website
Website
Legal Answers
76 Questions Answered

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. 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
A: GET A LAWYER BEFORE YOU GO. DONT TAKE HIM TO MISSOURI
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.
Q. In 1999-2000 I was raped/molested by my then brother in law. Is it too late to file charges in Arkansas?
A: This is a criminal law question. Your lawyer will be the prosecuting attorney in the county in which you live. You should start out by calling your local police department and making a complaint. You can also call the prosecutor directly. They have wonderful people who have been trained on how to help you through this difficult time in your life. I wish you well. I'm sure all the people of Justia and the lawyers who help do so also. You keep fighting!
Q. Me and my girl friend were arguing she does not pay any bills here and has a place of her own I call my step mom and as
A: Goodness. I hear that a lot. The cops show up and the wrong person is arrested. I was a cop years ago and the rules provided that if there are marks, bruising, scratches on one person, the other person would be arrested. The reason is to end the argument for the night and give folks time to cool down. Usually, there is an order of protection in place to ensure the fight does not continue. I'll also say though that if you were not the offending party, the Court should not find you guilty. Police sometimes get it wrong. After all, they did not see what actually happened. My recommendation is that you get an attorney to help you right away. There are many things going on behind the scene and you need guidance with that along with advice on how to proceed and not violate any Court order. Thank you for reaching out to this website. We can really help you.
Q. I am charged with domestic 3rd degree and I didn't touch her just her and my step mom got in a fight why am I arrested
A: Goodness. I hear that a lot. The cops show up and the wrong person is arrested. I was a cop years ago and the rules provided that if there are marks, bruising, scratches on one person, the other person would be arrested. The reason is to end the argument for the night and give folks time to cool down. Usually, there is an order of protection in place to ensure the fight does not continue. I'll also say though that if you were not the offending party, the Court should not find you guilty. Police sometimes get it wrong. After all, they did not see what actually happened. My recommendation is that you get an attorney to help you right away. There are many things going on behind the scene and you need guidance with that along with advice on how to proceed and not violate any Court order. Thank you for reaching out to this website. We can really help you.
Q. does an order of protection remain if child custody is changed
A: Probably won't get into trouble since grandma consented. Still, he could be in some real trouble if she changes her mind. The order tells him to stay away from certain people. It was the Judge who made the order. If step dad wants to see the kids or visit under any circumstances, he must obtain permission from the Judge and not just the grandma. Often, people who are subject to an order of protection violate the order by doing something they believe is good. It is still a violation and shows the Judge that they will not follow the order. Hope this works out.
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600 South German Lane
Suite 101
Conway, AR 72034
USA
Telephone: (501) 327-4900