Significant Cases

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Mr. Hensley represents high profile cases. These clients have consented to dissemination. In 2004, an eastern Arkansas woman was charged with capital murder for the death of a child in her care. The child was seven and was part of the defendant's family. Although the defendant never admitted that she was responsible, she plead guilty to a lesser offense to lessen the effect of a lengthy trial on the family and community. With effective investigation and negotiation, Mr. Hensley was able to secure a lesser charge from the prosecutor. 

"YOU HAVE A RIGHT TO REMAIN SILENT . . ." Should you ever hear this statement from a police officer, you should do so and call our firm. In a recent case, a gentleman was charged in the death of a neighbor and permanent injury to the neighbor's wife. This neighbor and his wife had terrorized the neighborhood for years. The gentleman was retired and had never even had a traffic ticket.

On the day of the event, and on the advice of the local Sheriff, the gentleman had killed a rabid dog which was killing domestic animals. The neighbor approached the gentleman and fired two shots from a large caliber weapon at the gentleman. The gentleman ran to his 4-wheeler for a rifle.  Sadly, the neighbor was killed.

The gentleman was read his rights AND CHOSE TO REMAIN SILENT after calling Mr. Hensley. Result: the state dismissed all charges after investigation revealed that this was a case of self-defense. In addition, it was discovered that the neighbor and his wife were wanted fugitives from the ATF. ALWAYS TALK TO AN ATTORNEY before talking to the police. We see in this case that innocent people get charged sometimes!

Criminal cases of this nature require months of preparation and work. Effective representation by the Firm includes a corporate airplane, private investigators, and years of experience as a police officer, judge, prosecutor, and defense attorney.

In the case of Dayberry v. State , Mr. Dayberry's revocation was reversed when the Appellate Court found that he did not waive his right to an attorney.

Revocation petitions are a result of the defendant not taking seriously the provisions of the court's orders. Usually, for minor infractions, the probation officer is understanding and may withdraw the petition. Filing a petition is one quick way for the court and probation department to get some control over the defendant.

The probation officer will sometimes drop the petition; especially if the defendant starts to abide by the probation rules.

We have found that behavior has both good and bad consequences. We work very hard with our clients to show them the importance of following their probation rules. Often a client will call on the weekend for information about the rules. Better that he call us than risk prison because he cannot reach his probation officer.

 
 

If you have been charged by the United States in a FEDERAL crime, you should call us immediately.  You have the weight of the federal government against you and need to respond quickly.  We are hands-on with these specialized cases.  Don't trust your life or the life of your significant other to someone else!

The BAGWELL rule in Arkansas stands for the proposition that a trial court loses jurisdiction to modify a defendant's sentence upon a revocation of probation when the defendant was sentenced before 1999.

Mr. Hensley successfully argued this case in the Arkansas Supreme Court. The case may be reviewed at
Bagwell v. State

We are seeing more probation revocations like Bagwell in Arkansas. A revocation happens when a person on probation violates the provisions of the probation agreement. Specifically, the person on probation comes home late, leaves the state without permission, is charged with new violations of the law, or otherwise disobeys the Court's orders.

The probation officer then files a petition for revocation and the defendant is brought back to court to answer for his violations. He can be sent to prison for the remainder of his probation or even longer if his original sentence so allows.

Under Bagwell, the Court cannot modify the sentence. The Legislature amended the law to allow a Judge to now modify a sentence. The change in the law actually helps defendants since a Judge is able to tailor a sentence to help. For instance, instead of a return to prison, the Judge often allows a defendant to enter rehabilitation.

It does not matter HOW you get into the legal system.  The fact that you or a friend or relative is there is good enough reason to contact an attorney.  Never attempt to navigate the rivers of justice without legal representation.  Our intitial consultation is no charge.  At least contact an attorney to understand your rights and responsibilities.