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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
91 Questions Answered

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!
Q. Is a male officer allowed to put his hand in the pocket of a female suspect during a search?
A: Typically the answer is yes. He should exercise care though. Most officers will have another officer - preferably a female officer present. The only reason an officer should be placing his hand in anyone's pocket is to check for weapons. There is a lot of case law dealing with this issue. The primary case is Terry v. Ohio and its progeny. This type of frisk is called the Terry Frisk or a Stop & Frisk. An officer can briefly detain an individual to quickly see if he has broken the law. The U.S. Supreme Court holds that for an officer to stop and frisk, he: -Must be legally present at the scene. This means he must have detained the defendant lawfully; i.e., saw the person speeding, possession of contraband, fleeing, hanging around the outside of a business late at night, etc. -The frisk must be "reasonable" in that officer is looking for dangerous objects in the pocket. The officer can squeeze the outside of the pocket and must feel something like a weapon before he can reach into the pocket. That is, if he squeezes the outside of the pocket and feels a bag of drugs, he DOES NOT HAVE authority to go into the pocket. If he feels something hard like a gun or knife, he can then go into the pocket and if he discovers contraband may make an arrest. -Must have has reasonable suspicion to make the stop or contact the individual. He just can't stop you for no reason. Hope this helps.
Q. Can i get a felony took off my background
A: In Arkansas, many different felony convictions may be expunged from your record. Typically, convictions for sex crimes, prison time, or violent behavior are not eligible. Still, you should contact an attorney who works these cases for specifics. Depending on the facts even some felony convictions that are not eligible may actually be expunged. Expect fees to be from $1800 to $3000.
Q. I got charged with theft by receiving but I never laid hands on the property, how can I be charged with that?
A: Theft by receiving only requires that you be in possession of stolen property.
Q. I have permanent custody of my grandson and would like to adopt him. His therapist suggested adoption due to his emotion
A: In Arkansas, if the parents of the child go more than one year without a stable relationship with the child OR go one year without paying significant support OR their rights have been removed, you should be able to adopt. We need to have the documents where the mother lost her rights. Need to know about the father. There are procedures to locate the father and get his consent. If he will not consent we will notify him of the court date and seek child support. Most fathers sign. If the father is unknown there are some procedures to prove there is no father. Sometimes people just say the father is unknown. It is better to locate him. If he finds out about the adoption, he or more-likely his parents will attempt to undo the adoption and get the child for himself. It DOES happen. It's always better to notify the father. The law is on your side though. Fees are between $3500 and $5500 or so. Contact one of the Arkansas lawyers on this website. You have a great case. Good luck.
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Contact & Map
Attorney
600 South German Lane
Suite 101
Conway, AR 72034
USA
Telephone: (501) 327-4900