View Full Version : Same crime, two charges
tcanue
Mar 27, 2009, 05:18 PM
I live in Arkansas and I took my kids from my ex on 12-31-08, 2-09 I was arrested for interfernece of child custody and released on bond, still had kids, on 3-15-09 prosecutor tells me to file emergency hearing for custody, yesterday a felony interference with custody was issued, IS this legal, same crime?
stevetcg
Mar 28, 2009, 04:41 AM
Did the first arrest ever see a court? It very well might be the same incident. Was the first an arrest and the second an order to court for a hearing?
AlpineAnnie
Mar 30, 2009, 04:21 AM
Was there a custody arrangement (legal) in place when you took the children? If so, even in an emergency situation - you would have had to file for emergency custody based on that rather than just take them. If you just took them, then more than likely the ex called the law and the State filed the charge of interference because you had gone against a State court's orders. Then, because it involves minor children - it also becomes a Federal charge.
Considering that you say you still have the children - it is unlikely that those charges will stick as apparently some sort of emergency must exist Do you have an attorney or are you in or near Pulaski County?
Fr_Chuck
Mar 30, 2009, 05:13 AM
First you obviously learned you have to do it though court, even if the children are at risk, without a court order you can have charges made against you.
And yes, there are often times you can be charged with both State and Federal charges.
This happens often in gun or drug charges. Did you happen to take the children across state lines