FREQUENTLY ASKED QUESTIONS

Listed below are questions, which are frequently asked of the Office of City Attorney.  We have posted these questions and answers to assist the community.

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

Answer: 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.

Question: 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?

Answer: 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.

A restraining order is different than an Order of Protection.  Restraining orders are usually issued only in divorce cases.  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.

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

Answer:  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.

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

Answer: Complaints on unsanitary and unsightly conditions, or complaints about inoperative or unlicensed vehicles should be made directly to the Department of Public Works, phone number (479) 968-2406.

Question: Can I drop charges in a case for which I was the victim?

Answer:  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.

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

Answer:  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.

Question:  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?

Answer: There are two ways you can proceed, one of which is through the criminal process.  Under Ark. Code Ann §18-16-101, it is a violation of Arkansas law for a tenant to fail to pay rent as agreed, and then fail to vacate ten days after receiving written notice to do so.  The City Attorney’s Office  has form copies of written notices to vacate under A.C.A. §18-16-101. Violations of this law are punishable only by a fine of $25 (each day can constitute a separate violation). 

The second 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.

For further questions about the criminal process or if you want to request a sample copy of an eviction notice, contact the City Attorney’s Office at (479) 967-3186.

Question: I am a tenant behind in rent payment.  My landlord came in and took all my property and will not give it back.  What can I do?

Answer:   It is recommended you first contact the Russellville Police Department, if you feel a crime has been committed, and file a police report.  If it turns out to be a civil action, then it is recommended you contact your own attorney.  If it is determined the matter is a criminal matter, the City Attorney’s Office will take appropriate action.  If you should have any questions, contact (479) 967-3186.

Question: What are a DWI (Driving While Intoxicated) and a DUI (Driving Under the Influence)? 

Answer: 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.

Question:  What is the difference between Municipal Court and District Court?  

Answer:  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.

Question: What happens if I forget my court date?

Answer: 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 drivers 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.

Question:  Where do I get a restraining order? 

Answer:  Restraining orders are done through chancery court.  You will need a private attorney for this matter.

Question:  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? 

Answer:  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.

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

Answer: You can fill out an affidavit for the no insurance and pursue that criminally.

If you pay to fix your own car you can also ask the judge for restitution.  If your insurance fixes your car then you will have to sue the person financially responsible in Civil Court.  If it is less than $5000 it can be handled through our Small Claims Court here in District Court.

Question: I was beat up last night by my husband (someone that has lived under the same roof for 6 months) and the police charged him with domestic battery and told me to get an order of protection.  I would like an order of protection.

Answer: Orders of Protection are done by the Prosecutor’s Office (Pope County Courthouse on Main Street and Arkansas) and then put before a chancery judge.

Question: I have a hot check someone gave me how do I collect it?

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

Question: What is the difference between an Order of Protection and a No Contact Order?

Answer: An Order of Protection is handled by the Prosecutor’s Office and usually issued only for cases including family or household members.  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.

For further general information about domestic abuse cases, contact the City Attorney’s Office, at (479) 967-3186.