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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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Claimed Lawyer ProfileQ&A
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
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8th Circuit
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U.S. Supreme Court
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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
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Websites & Blogs
Website
Website
Legal Answers
95 Questions Answered

Q. If i have a first time shoplifting citation, will I go to jail?
A: It would be rare to have jail time on a first charge of shoplifting. I figure you are charged in Arkansas. Shoplifting is a misdemeanor but could cause you some trouble later in life depending on where you want to work and your career path. You should sit down with a lawyer in the area where the court is located and review your options. Also, you might appear in court without an attorney and speak with the prosecutor. All courts have a standard fine, etc. If you can live with their offer, then take it. If not, bring an attorney to the next hearing. Make sure you will be able to clear your record after you pay your fine and successfully serve your probation. Now, if you are a teacher, cop, professional, etc. get an attorney. In fact, when asked, lawyers are supposed to advise you to get an attorney. So, get an attorney. Before I did that though, go talk with an attorney. I would go to court and hearing what they prosecutor says. I would speak to several attorneys too. You might respond here and tell us what court you are in and specifics. You will probably be banned from the store and in addition to fines from the Court, you might receive a demand for $200 from the store.
Q. Is it legal in Arkansas to use deadly force to protect others?
A: It is legal to use deadly force to protect others but that option is not absolute. Each case is different. Defending others with lethal force will be highly scrutinized. Even if you are acquitted there could be a civil case which might ruin you financially. I'm assuming you are asking for general knowledge and not planning on hurting anyone. If you are considering using lethal force to harm someone you believe is committing Domestic Battery, you will go to jail for a long time. You can't kill someone because a victim does not seek help. Don't go looking for trouble. Here is the statute: 5-2-607. Use of deadly physical force in defense of a person. (a) A person is justified in using deadly physical force upon another person if the person reasonably believes that the other person is: (1) Committing or about to commit a felony involving force or violence; (2) Using or about to use unlawful deadly physical force; or (3) Imminently endangering the person's life or imminently about to victimize the person as described in 9-15-103 from the continuation of a pattern of domestic abuse. (b) A person may not use deadly physical force in self-defense if the person knows that he or she can avoid the necessity of using deadly physical force with complete safety: (1) (A) By retreating. (B) However, a person is not required to retreat if the person is: (i) In the person's dwelling or on the curtilage surrounding the person's dwelling and was not the original aggressor; or (ii) A law enforcement officer or a person assisting at the direction of a law enforcement officer; or (2) By surrendering possession of property to a person claiming a lawful right to possession of the property. (c) As used in this section: (1) "Curtilage" means the land adjoining a dwelling that is convenient for residential purposes and habitually used for residential purposes, but not necessarily enclosed, and includes an outbuilding that is directly and intimately connected with the dwelling and in close proximity to the dwelling; and (2) "Domestic abuse" means: (A) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or (B) Any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this state.
Q. While on parole ,is my parole officer allowed to enter my home and search without me present?
A: Yes. In fact, so are the police and any other law enforcement officer. A few years ago I had a client who was on parole. The local cops stopped my guy and arrested him. The cops said they had authority based on the parole officer's authority. We objected because my client's agreement with the parole officer listed the PO and did not include the police. I appealed it to the Arkansas Supreme Court. They denied our appeal and said that police officers have the authority to search without a warrant just like the PO. We did try.
Q. My passport is suspended due to past child support. Can I still go on a cruise with birth certificate and ID ?
A: Copy this link to your browser. Lots of good information. https://www.acf.hhs.gov/css/resource/overview-of-the-passport-denial-program I do not believe you will be able to leave or return with the passport suspended. If the Federal Office of Child Support Enforcement (OCSE) locates a person who owes more than $2,500 in back support they suspend the passport and will certainly contact the Court to see if they want OCSE to arrest and detain that person. Your best bet is to call the Court Clerk or OCSE from the county in which the support was ordered. It is possible that you could pay a few hundred dollars and have your passport and driver's license reinstated. By the way, no court will give you much of a break if they discover you are taking vacations while having so much child support due. They will most-likely put you in jail until a very large part of the money is paid; even if the children are going with you. If you do not require a passport then all should be well as to the Feds being on you. Civil authorities will arrest if they find you. Still, the issuing Court will usually not extradite.
Q. How do I request evidence & reports on my case, as well as file for a request of discovery
A: You should not represent yourself. Your lawyer knows how to obtain all the information for you. If the case has not been filed, you must wait until then. After you have been charged, you can just ask for it from the Prosecutor. You need to identify yourself and the case number, sign it and put your correct address and contact number at the bottom. File it with the clerk and make sure you send a copy of it to the prosecutor.
Q. Divorced with children.15-year-old daughter made allegations that I touched her. Haven't spoken/seen over a 1
A: Very smart of you. Do not meet with the police without an attorney. Teenagers sometime make these allegations because they do not want to follow your rules. Sometimes the other parents go along with this to keep you away from this child and the other children. It is the worse for sure. If you speak with the cops there is a very good chance you will be arrested. They will tell you that "your daughter is accusing you; don't you want to tell us YOUR side?? Don't fall for it. Get you a lawyer now.
Q. Can a 17 year old (Female) date a 20 year old (male) if there is no sexual activity involved in the relationship?
A: 16 is the age of consent in AR provided the 20 year old is not a: cop; teacher; lawyer; doctor; pastor; or basically anyone who is in a position of authority over the 17 year old. Gender does not matter by the way. At age 18, any major concern goes away. Many lawyers would ask why a 20 year old is seeing a 17 year old if there was no sex. Either way, it is doubtful the father of the 17 year old would understand. Please note that this answer does not include every issue regarding your question. There are circumstances that could put the 20 year old in jail; for instance, what if the 17 year old has some mental illness issues? There is not enough information provide to fully answer this question. Wait until the 17 year old is 18.
Q. If I have a misdemeanor charge for theft that is being expunged will this still bar me from getting a realtor license?
A: Once the charges are expunged you the charge will not show up on your record with the state of Arkansas; however, there are other websites that record you being charged. They rarely receive notice of the expunged record. You might need to send them a copy of the file marked expunge order. Even though the record has been cleared be sure and mention this charge. You should probably give the board a copy of the charge, disposition, and expunge order. It's one thing to have a criminal record. It is a great thing to remove that record. But you must be very honest with a license application. Any sort of dishonesty - no matter how small - will cause you lots of trouble. Good luck with your new career. I look forward to seeing your name in lights. If you consider the needs of others first, you will be wildly successful!
Q. Hi, I am facing terroristic threatening charges where multiple people at work accused me of making threats
A: Your lawyer will request what is called Discovery. The state must give you everything they have against you including any evidence that shows your innocence. You will be able to see everything written against you. If you don't have a lawyer, just write a letter to the prosecutor and request to see everything they intent on using against you. It is always better to have a lawyer though. You might miss something and be convicted. If you represent yourself, the court will treat you like you are a lawyer. You gain no benefit by being unrepresented. And the prosecutor does not have to take it easy on you!
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Contact & Map
Attorney
600 South German Lane
Suite 101
Conway, AR 72034
USA
Telephone: (501) 327-4900