Frequently Asked Questions
- Does this office supervise or conduct criminal investigations?
No. Investigations are conducted by a law enforcement agency. We receive the officers' reports and make a decision whether or not to file a charge. - How do I file criminal charges against an individual?
If you are victim or a crime or believe a crime has occurred, please contact the police department where the crime happened. The police will investigate and file a complaint if sufficient evidence is found. These complaints are then forwarded to the Lonoke County Prosecutor's Office for prosecution. If the police department tells you that the crime is a misdemeanor, you will have to file charges with the District Court in the town where the crime occurred. - Will I have to testify?
It is most likely that you will have to testify in court. If you would like to meet with the Deputy Prosecuting Attorney assigned to your case before court, please contact our office as soon as possible to make an appointment. - How long will the prosecution take?
All cases vary in how long it takes to dispose of them, but most cases will last a few months to a year. However, there may be times when a case will last longer. - Will the defendant by present?
Yes. The Sixth Amendment of the United States Constitution gives the accused the right to personally be present for all court proceedings. - What happens at an arraignment?
This is the first appearance a defendant makes in court unless the person is in custody. The judge will inform the defendant of the charge and take the defendant's plea. - What is a pretrial hearing?
At the pretrial hearing, the defendant and his attorney usually advise the judge whether the defendant wants a trial or will plead guilty. Certain motions concerning legal issues may be heard at a pretrial hearing. Occasionally, a witness may be needed in a pretrial hearing. - Can I give a deposition for my statement in court?
No. The law states that you must be present to testify in criminal court. - How can I contact the prosecutor assigned to my case?
If you are a victim or a witness, you can call 501-676-2807. You will need to know the defendant's name. The prosecutors are often in court all day, so please be prepared to leave a phone number where you can be reached both before and after 5 p.m. - What if someone threatens or tries to intimidate me into dropping charges?
Such a person may be guilty of a felony offense. Call the law enforcement agency that investigated the case originally or contact the deputy prosecuting who is handling the case. Call as soon as possible, so the threats are documented and action is taken to prevent a reoccurrence. - I am a defendant in a criminal case; can I speak to the Prosecutor directly?
If you have retained an attorney or had one appointed for you, we cannot speak with you directly as this is prohibited by the Rules of Professional Responsibility. If you do not have an attorney or are representing yourself, remember that anything you say may and can be used against you in Court. - I received a subpoena to appear in court, what should I do?
A subpoena is a court order directing a person to appear in a court at a stated date and time, usually for the purpose of giving testimony. If you receive a subpoena, you are required by law to appear as instructed. If you refuse to appear, the Court does have the authority to issue an order for your arrest. - How do I obtain legal advice or assistance?
The Prosecutor's Office is not permitted to provide legal advice to the public. - I am a victim in a criminal case and I want to drop the charges. Can I do that?
The decision to drop charges in any criminal prosecution can only be made by the prosecutor. If you would like to discuss your case, please call our office. - Negotiated Pleas-Will this case be "Plea bargained?"
The term "plea bargain" is unfortunate in that it is misleading to the public and implies that the defendant and his attorney have managed to have his charges reduced or receives a light sentence. A plea bargain is an agreement between the State, the defendant, and his attorney that the State will recommend a specific punishment in the case, if the defendant will enter a plea of guilty. There agreement as to punishment is not binding upon the judge, who may impose any punishment within the range authorized. There are advantages to both the State and the defendant in arriving at such an agreement in many cases. If you are concerned about a plea agreement in your case, contact the Prosecuting Attorney's office immediately. - When can I have my property returned?
Property, which has been stolen during the commission of an offense, can often be restored to the owner prior to the trial. However, there are times this cannot be accomplished particularly if the property is currency or if it in some manner directly indentifies the perpetrator of the crime. Contact the agency that investigated the case to determine whether your property may be returned to you. Property retained and introduced into evidence at the trial can be restored after trial or at the conclusion of the appeal. - What if a defense attorney contacts me about the case?
Defense attorneys or investigators seeking to discuss the case with you may contact you. While you are free to speak about the case with anyone you chose, you are not required to do so. If you decide to discuss the case with the defense attorney, we would like to have someone from our staff present during the interview. You are not required to discuss the case with a representative of the defense and may decline to do so. If you wish, you may simple refer the defense attorney to our office for any information he/she wants and decline to discuss the case. - Does the Judge appoint investigators for the defense in criminal cases?
In some cases, private investigators assist defense attorneys in case preparation. In no case will the investigator be working for the judge. Require anyone who claims to be investigation for the judge or court to show identification and be sure to examine it closely. Call our office before you talk about the case if you have any doubts. You are under no legal duty to discuss the case with a defense investigator.
Victim / Witness Questions
Victim / Witness Services
- What is a victim advocate?
A victim advocate is an employee of the Prosecutor's Office who provides assistance to victims of crime. The advocate acts as a liaison between the victim or witness and the prosecuting attorney. Advocates understand the criminal process and will attempt to explain each step to the victim or witness and answer any questions they might have. - If I am the victim of a violent crime, may I receive compensation for expenses I have incurred?
Yes, you can apply to the Arkansas Crime Victim Reparation Board. An application can be downloaded here or is available from the Lonoke County Prosecuting Attorney's Office. Please note: the application must be filled out in person at the Lonoke County Prosecuting Attorney's Office.
Click here to download the Reparation application (PDF). - How can I get restitution for my loss?
You will receive a restitution form in the mail from our office. Please fill out the form as soon as possible. Attach bills or invoices that show you incurred this expense. The court may order restitution be paid to you as a condition of the defendant's probation or eventual parole from prison. - What is VINE?
VINE stands for Victim Information and Notification Everyday. It is an automated 24 hour a day hotline. Crime victims are able to obtain inmate information and to register for notification of a change in offender status, such as inmate release or court date. The number is 1-800-510-0415. If you are not registered with VINE you will not be notified if the defendant bonds out of jail.
Domestic Abuse
- What is an Order of Protection?
It is an order issued by the court to provide victims of Domestic violence, who are in immediate and present danger of domestic abuse, protection. The order will restrict the abuser from having contact with the victim and is enforced by the police. - Who can get an Order of Protection?
Spouse or ex-spouse of the abuser
Current or prior household member
Immediate family member
Any adult family or household member on behalf of a minor
Persons having a child together
Persons who are presently or in the past have been in a dating relationship - How do I obtain an Order of Protection?
A petition for an Order of Protection may be filled out at the Prosecuting Attorney's Office. The petition will then be submitted to a judge for approval. - Is there a fee for filing a Protection Order?
There is no fee. However if you do not appear in court or ask the petition to be dismissed you may be assessed a fee. - Can an Order of Protection be enforced in another state?
Yes, the full faith and credit provision of the Violence Against Women act states that the order must be enforced throughout the country. - Can I have a Permanent Protection Order dropped?
If you decide you no longer need the Order, you must ask the court to withdraw the order. - What is the difference between an Order of Protection, a No Contact Order, and a Restraining Order
An Order of Protection is an order issued by the court to protect victims of Domestic Abuse. The court issues a No Contact Order once criminal charges have commenced. A Restraining Order is an order obtained by a private attorney. The Prosecutor's Office does not issue Restraining Orders.
Mental and Drug Commitments
- How do I obtain a mental or drug commitment?
The petitions are available at the Lonoke County Prosecutor's Office. The Victim/Witness Coordinator will assist you in filling out the petition. The petition is then submitted to the judge for approval. - What is an Involuntary Mental commitment?
A person over the age of 18 can petition the court to have another person committed for treatment due to mental illness. The petition must contain factual allegations of the persons behavior that has given you concern. - What is an Involuntary Drug /Alcohol Commitment?
A person over the age of 18 can petition the court to have another person committed for drug abuse. The petition must contain factual allegations of the persons behavior that has given you concern. - Is there a cost to file a Commitment?
Yes, the filing fee is $140.00. The fee may be waived if you are found indigent by the court.
Hot Checks
- How does the Prosecutor's Office handle violations of the Hot Check law?
When the hot check office receives a check, a letter will be mailed out to the check writer giving them 10 days to pay for check or make arrangements to pay the check. If a check is not paid an arrest warrant will be issued for the individual who signed the check. The check writer will need to pay the restitution and appear in court. - I received a letter for a hot check how do I pay for the check?
The check will need to be paid with a money order or cashier's cheek. Partial payments are not accepted. You can also pay the check online with a credit card. (web address) - Who can use the Hot Check Office
Any merchant or citizen in Lonoke County, who receives a check that is stamped by the bank as insufficient or account closed. - I have received a bad check, what should I do?
The check must be presented to the bank for payment and stamped by the bank as to the reason for rejection. Fill out a Hot Check affidavit at the Lonoke County Prosecutor's Office. (link to example) Do not accept any money on the checks that have been turned over. The check writers must pay through the Hot Check Office. - What steps can my business help avoid receiving a worthless or "Hot Check"?
Here are some things to look for when receiving a check:- Require ID-a driver's license is best. Compare the photo and signatures
- Require date of birth
- Make sure the signature is legible
- Out-of-State business or banking facility should alert you
- Require a physical address when presented with a P.O. Box
- Make sure written and numerical amounts agree
- Make sure the check is dated the same day you receive it.
- Have check limits
- If in doubt, you do not have to take a check.
- Can all checks that are returned, be prosecuted as a Hot Check?
The following checks are not prosecutable under Violation of Arkansas Hot Check Law:- a stop-payment check
- a post dated check
- a check that is outside of the statute of limitations, one year if it is less than $500 and three years if over $500
- a check on which partial payment has been received
- a check given in exchange for a returned check
- a check not presented to the bank within 30 days
- a check given for payment on an account
- a check that the merchant agrees to hold for any period of time
- a two party check
- checks that are not written or passed in Lonoke County.
- Are there any Hot Checks that are felonies?
Any bad check in excess of $500 is considered to be a felony offense. Several checks written within a 90 day period that total over $200 may constitute a felony. - What are other reasons that a check may be prosecutable than insufficient funds?
Some Checks may be prosecutable under other Statutes, i.e. forgeries, fraud, fraudulent stop payments, fraudulent contracting schemes, etc. Please contact the appropriate law enforcement agency and file a report if you feel another statute may apply.
