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1. What is the difference between the Pope County Prosecutor’s Office and the Russellville City Attorney’s Office?

The Russellville City Attorney’s Office prosecutes all misdemeanor crimes, traffic violations, and city ordinance violations which occur within the Russellville city limits, whereas the Pope County Prosecutor’s Office prosecutes all felony crimes committed in Pope County and all misdemeanor crimes, traffic violations, and county ordinance violations that occur outside the Russellville city limits but inside the county.

2. What is the difference between Municipal Court and District Court?

The District Judge is an elected position responsible for the adjudication of all criminal and civil cases. This program provides a forum for the prompt resolution of cases filed. The court plans to continue improving its collections on fines and costs assessed and to set cases for trial within 60 days after the arraignment date. In 2001, Amendment 3 was passed by Arkansas voters. This Constitutional Amendment has effected the court. The first change was that all Municipal Courts became District Courts. This name change became effective on July 1, 2001. Other changes will depend on the outcome of the future Legislative Sessions.

3. I got a ticket for a minor traffic violation. Can I keep it off my driving record?

Under certain circumstances, the City Attorney’s Office will allow persons who receive traffic tickets (i.e., speeding, disobeying stop sign, careless driving, disobeyed traffic signal) to keep the ticket off their record. If a person desires to keep a traffic offense off their record, the person can call the City Attorney’s Office at (479) 967-3186 before their arraignment date, and see if the ticket has been booked into the City’s computer system. If the ticket has been booked, the person can come in before arraignment and try to settle the ticket with an attorney within the office, or the person can plead not guilty at their arraignment date and try to settle the ticket with an attorney within the office before their trial date.

4. I am a victim of domestic abuse. How do I get a protection order, and what is the difference between a protection order and a restraining order?

In cases of domestic abuse, for example, an Order of Protection may be sought in the Pope County Circuit Court. A citizen may use their private attorney to obtain an Order of Protection or may contact the Victim Coordinator of the Pope County Prosecutor’s Office at (479) 968-8600. An Order of Protection is handled by the Prosecutor’s Office and usually issued only for cases including family or household members. A court issues orders of protection to victims of domestic violence. Orders demand that an abuser stop threatening, stalking or physically assaulting the victim. Orders often demand that an abuser also stop contacting the victim in any form, including in person, by phone or by mail.

A No Contact Order is a pre-trial order issued by a court when a charge of Harassment, Harassing Communications, or Terroristic Threatening is filed in court by a prosecutor. These Orders remain in effect until the trial date of the Defendant. Depending on the outcome of the trial, the Order may either be extended as part of a guilty judgment against the Defendant or set aside by the Court.

A restraining order is different than an Order of Protection. Restraining orders are usually issued civil cases. A restraining order is issued by a court to protect someone from threats or physical abuse. Restraining orders are different from orders of protection because restraining orders can also include provisions for property, child support, spousal maintenance and child custody when these are issues during a divorce or separation. Violations of restraining orders are enforced by the issuing court rather than through criminal prosecution in District Court.

However, a violation of an Order of Protection is a Class A Misdemeanor in the State of Arkansas, and therefore, if an Order of Protection has been issued and served on a person who subsequently violates terms of the order, the police are allowed under Arkansas law to arrest that person if they have probable cause.

5. I was beat up last night by my husband and the police charged him with domestic battery and told me to get an order of protection. I would like an order of protection.

Orders of Protection are done by the Prosecutor’s Office (Pope County Courthouse on Main Street and Arkansas) and then put before a Circuit Court Judge. Call the Prosecutor’s Office at 479-968-8600 for further information.

6. Can I drop charges in a case for which I was the victim?

The prosecutor needs to know about the request, but whether or not the charges will be dropped is within the prosecutor’s discretion. As already noted on this website, the City Attorney’s Office has a no-drop policy on domestic abuse cases, but we always want to know the wishes and needs of the victim.

7. I am a victim of a crime and I want to know how I can find out information about the case?

If you call the City Attorney’s Office at (479) 967-3186, and give a description of the crime involved, including the approximate date of the incident, the City Attorney’s Office will find out the status of your case for you.

8. What are a DWI (Driving While Intoxicated) and a DUI (Driving Under the Influence)?

You may be charged with a DWI if you drive while intoxicated or while you have a blood alcohol content of .08 or greater.

You may be charged with a DUI if you are under 21 and drive while you have a blood alcohol content of at .02 and less than .08. If you are under 21 and your blood alcohol is .08 or higher you will be charged with a DWI. DWI 1st through 3rd offenses are misdemeanors and DUI offenses are misdemeanors.

This office prosecutes all misdemeanor DWI’s: 1st offense through 3rd offense. If you receive a 4th DWI within 5 years the DWI is automatically a felony which will be prosecuted by the Pope County Prosecutor’s Office.

9. What happens if I forget my court date?

If you do not appear in court on the date you are scheduled to appear, the judge issues a Failure to Appear Warrant which can include a cash bond. The amount set is according to the kind of traffic violation or criminal charge you have. Also, a copy of this FTA is sent to Little Rock Driver Control and your driver’s license is suspended until the warrant is paid.

If the FTA warrant is served by our warrant officers you will be brought to the police department and taken to jail if the bond cannot be paid.

10. I have a returned check someone gave me for rent. They paid me $100 on it and said they would pay me the rest, but have not yet done so. Can I get a warrant?

No. A check for rent is money owned to a person, this is not a hot check and can’t be criminally prosecuted. This will need to be handled in the small claims court and the District Clerk’s Office.

11. Someone hit me and did not have insurance, although they showed the officer proof at the time. What can I do to them?

You can file an Affidavit for an Arrest Warrant through our office for not having insurance and pursue the matter criminally. Additionally, if you pay to fix your own car, you can also ask the judge for restitution. If your insurance pays to fix your car, then you will have to sue the person financially responsible in Civil Court. If it is less than $10,000.00 it can be handled through our Small Claims Court here in District Court.

12. I have a hot check someone gave me how do I collect it?

The hot check program is through the Prosecutor’s Office (4th floor of Pope County Courthouse).

13. How do I find out if I have a warrant?

Most of our warrant notifications are first sent by mail. If you receive this notification then you need to respond immediately to the paperwork. You can also contact the Police Department between regular business hours at (479) 968-3232. Your driver's license is usually suspended upon the issuance of a warrant.

14. Where do I pick up a police report?

There are a couple different ways to pick up a police report. You can go to the Police Department during regular business hours and pick up a report, for a small nominal fee. The other option is to go visit the police reports website.

15. I have a neighbor who has unlicensed or inoperative vehicles on his property, and he will not cut his grass. What can I do?

Complaints on unsanitary and unsightly conditions, or complaints about inoperative or unlicensed vehicles should be made directly to the Code Enforcement Division of Community Development, phone number (479) 967-2633

16. I am a landlord in Russellville and I have rented property to a tenant who has not paid me rent pursuant to our agreement, and I cannot get them to move out. What can I do?

The way to proceed is to file a civil ejectment or unlawful detainer action. It is recommended you contact a private attorney to discuss this process. It is also recommended you contact a private attorney to discuss any other questions in regard to your rights against your tenant, except the criminal procedure set our specifically herein, in which the City Attorney’s Office can be of assistance to you.