Misdemeanor Charges Dismissal Process

Summary

The users husband was arrested on misdemeanor charges of disorderly conduct and third-degree battery in Arkansas. The user believes the arrest was unlawful as there was no evidence or witness statements to support the charges. The user was advised to gather witness statements, consider applying for a public defender or hiring a private attorney, request a probable cause hearing, and consider filing a complaint with the Arkansas Judicial Discipline and Disability Commission against the prosecuting attorneys office. The user was also informed about the possibility of filing a motion for a speedy trial or a motion to dismiss.

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I'm trying to have misdemeanor charges dropped for my husband who is currently in jail for misdemeanor charges he is not guilty of there's no witness statements or evidence to show or prove that he did it and there wasn't a
What state are you currently residing in? This will help me provide more accurate information.
Arkansas
What specific misdemeanor charges is your husband facing?
Disorderly conduct and third degree battery
What is the current status of your husband's case? Has he been formally charged and does he have legal representation?
He does not have representation on this particular case. He was out on bond for another case that he goes to court on October 17th so they revoked his bond and I feel like the charges should be dropped and his bond reinstated since he should have never been arrested in the first place. I've done my research and I know in Arkansas an officer cannot arrest an adult on misdemeanor charges unless it happened in front of them
Has your husband considered applying for a public defender? In Arkansas, if you cannot afford an attorney, the court will appoint one for you.
We would but the public defender in our County is not any good he will not fight for you and will not do what's right
Have you considered hiring a private attorney? In Arkansas, you have the right to legal representation of your choice.
We only have one income which is mine and I'm on disability so hiring a private lawyer is really not in my budget. I don't feel like I should have to hire a lawyer if there's no proof of these charges that he should have never been arrested anyway for
Has your husband requested a probable cause hearing to challenge the legality of his arrest? In Arkansas, this is a right that can be exercised.
No we don't know anything about what we can and can't do that's why I'm trying to find some advice
What evidence do you have to prove your husband's innocence? In Arkansas, you can request a probable cause hearing to challenge the legality of his arrest.
Well there's only three witnesses that were here when the incident occurred that was me my husband and his cousin's son we tried to tell them that he didn't do what they said he did there's no witness statements the police never talked to nobody
Have you considered submitting your witness statements to the court? In Arkansas, witness testimonies can be crucial in proving innocence.
Do I need to get the other person that was here to write a a witness statement saying that he's not guilty
Yes, having the other person write a witness statement could be beneficial. In Arkansas, witness statements can play a crucial role in court proceedings.
If I get that witness statement and write my witness statement can the charges be dropped and his bond reinstated
What is the timeline of the events leading up to your husband's arrest? This can help establish a sequence that may be useful in court. In Arkansas, witness statements can influence a case, but it's ultimately up to the court.
He was arrested August 30th he's been in jail for * weeks for something he didn't do
What actions have been taken so far to challenge the charges? In Arkansas, you can file a motion to dismiss if you believe the charges are not supported by the facts or the law.
I've contacted the prosecuting attorney's office and got nowhere was trying to figure out my next step on what I can do
Have you considered filing a complaint with the Arkansas Judicial Discipline and Disability Commission against the prosecuting attorney's office?
No I didn't know that was an option
What is the name of the prosecuting attorney you've been dealing with? This information can be useful if you decide to file a complaint with the Arkansas Judicial Discipline and Disability Commission.
I'm not sure I think her name is Christy it's in Little River County Arkansas
Do you have any documentation or records of your interactions with the prosecuting attorney's office? This could be useful if you decide to file a complaint.
I just called him this morning and explain my situation and all she said was that I needed to talk to a lawyer
What was the exact conversation you had with the prosecuting attorney's office? This could be crucial if you decide to file a complaint. In Arkansas, maintaining records of such interactions can be beneficial.
I explained to her that my husband was arrested two weeks ago on two misdemeanor charges that he wasn't guilty of there was no proof of and was wanting the charges dropped and what did I need to do and she said contact the attorney
What is the name of the court where your husband's case is being handled? This will help me provide you with the contact details of the court.
Little River County
What is the exact date of your husband's next court hearing?

Little River County Courthouse is located at * N 2nd St, Ashdown, AR *, USA. You can contact them at +* *-*-*.
October 17th *
What actions have you taken so far to gather evidence for your husband's defense?
There's no evidence to gather except the statements from the witnesses saying it didn't happen other than that there's no evidence together
Have you considered having the witnesses provide sworn affidavits to support your husband's defense? In Arkansas, sworn affidavits can be used as evidence in court.
I didn't know to consider it but now I do and it will be no problem to get the witness statements that I need
What is the name of the person who will be providing the witness statement? This will be useful in preparing the sworn affidavit. In Arkansas, sworn affidavits are considered legal documents and can be used as evidence in court.
The only two witnesses there besides my husband was me and his cousin's 13 year old son
Are you aware that in Arkansas, a minor can testify in court if they are found competent to understand the obligation of an oath?
No I'm not aware of much I'm trying to figure out what I can do because I don't feel like he should have to stay in jail until October when he done nothing wrong
Have you considered filing a motion for a speedy trial to expedite the court proceedings? In Arkansas, defendants have the right to a speedy trial under the Sixth Amendment.
Why should he even have to go to court for these two misdemeanor charges why can't they just be dropped since he never should have been arrested in the first place
What steps have you taken to challenge the legality of your husband's arrest? In Arkansas, you can file a motion to dismiss if you believe the arrest was unlawful.
I'm taking the only steps I know to take which ain't much I don't know where to go who to turn to nothing
What is the name of the officer who arrested your husband? This information could be useful if you decide to file a complaint against the officer.
Danny hallett
What actions did Officer Danny Hallett take during the arrest that you believe were unlawful?
The fact that he arrested my husband on two misdemeanor charges with no evidence. He should have been issued a ticket with the two charges on it and given a court date instead of handcuffed and arrested
What is the name of the police department Officer Danny Hallett is associated with?
Little River County Police department
What is the exact date and time of the incident that led to your husband's arrest?
It happened August 30th in the afternoon not sure of the exact time
What is the exact nature of the incident that led to your husband's arrest?
My husband and his cousin's 13 year old son got in an argument because the *-year-old boy was mad because he broke the router and we had no internet so he ran inside and lock my husband out of his own house and instigated the situation so my husband went outside and threw a brick did not throw it at nobody and the *-year-old boy called the cops and they arrested my husband
What is the name of the *-year-old boy who called the police?
Braden Merrill
What was Braden Merrill's statement to the police regarding the incident?
He told him that he hated Jesse which is my husband and that he through the brick of him but he was all all the way down the street it was not thrown at him
What actions did Braden Merrill take after the incident and before the police arrived?
He just kept walking back and forth in front of the house hollering he was going to call the cops he was going to call the cops
What was the response of the police when they arrived at the scene?
Officer hallett talk to my husband and was getting his side of the story when the parents of Brayden showed up and try to jump my husband over the fence because my husband never left the yard
What actions did Officer Hallett take when Brayden's parents tried to jump your husband over the fence?
At this time it was officer Danny hallett and John Butler were here and they stepped in between them and the fence and pushed them back
What actions did the officers take after they pushed Brayden's parents back?
That's when John Butler opened our gate and ask my husband to step out and when he did they put handcuffs on him and officer Danny hallett is the one that arrested him and took him
What was the reason given by Officer Danny Hallett for arresting your husband?
I asked officer howlett why he was being arrested and his exact words to me were for disorderly conduct because Brayden said that brick hit his foot
Did Brayden or anyone else present at the scene seek medical attention for any injuries related to the incident?
No
What actions did you take after your husband was arrested?
We were told that my husband had to be at court last Tuesday so after court me and his mom went and talked to Danny hallett to try to solve the situation and he did nothing except make excuses
What were the specific excuses Officer Danny Hallett gave when you tried to discuss the situation with him?
I asked officer howlett how come he got arrested in his own yard for this early conduct but Braden's parents acted the same way in our yard and they got nothing and how he got third degree battery when there was no physical contact involved and he said that it was because he threw the brick
What was the response of Braden's parents when they were told about the charges against your husband?
They didn't know of any charges until the other day when I talked to him
What was their reaction when you informed them about the charges?
All they said was they did not press charges against my husband or anything that the police never come talk to them and that they didn't understand why he was arrested either
Did Braden's parents express willingness to provide a statement supporting your husband's innocence?
Yes
What is the name of Braden's parents who are willing to provide a statement supporting your husband's innocence?
Joey and Ashley Hensley
What is the contact information of Joey and Ashley Hensley? They could provide crucial witness statements in support of your husband's defense.
I don't have contact information for them I can only message them through Messenger
Have you considered asking Joey and Ashley Hensley to provide written statements via Messenger that you could print and submit as evidence?
Well they only live one street over all I have to do is ask them to ride a statement and have them bring it to me
What is the exact content you would like Joey and Ashley Hensley to include in their witness statement?
That my husband is not guilty of the charges that he was charged with and arrested for
What is the current status of your husband's case? Has there been any progress since your last conversation with the prosecutor's office?
No progress I don't know what else to do
What is the name of the judge presiding over your husband's case? This information could be useful if you decide to file a motion for a speedy trial or a motion to dismiss.
I'm not sure
What is the name of the court where your husband's case is being handled?
Little River County courthouse
Little River County courthouse
Little River County courthouse