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Frequently Asked Questions
Questions
City Prosecutor
- What is the Fayetteville City Prosecutor's Office?
- What does The Prosecutor's Office Do?
- What is the difference between the Washington County Prosecutor and the Fayetteville City Prosecutor?
I have been the victim of a crime, how can the Fayetteville Prosecutor's Office help me?
- I am the victim of a Battery Domestic Abuse and my spouse / boyfriend /girlfriend has been arrested what can I expect?
- I need a restraining order, how do I get one?
- I have received a hot check or I have written a hot check
I have a court date with the Prosecutor what can I expect?
- Can I drop charges in a case for which I was the victim?
What are a DWI (Driving While Intoxicated) and a DUI (Driving Under the Influence)?
Answers
City Prosecutor
- What is the Fayetteville City Prosecutor's Office?
The City Prosecutor is a division of the City Attorney's Office. The City Attorney is Kit Williams, and the City Prosecutor is Clinton (Casey) K. Jones.
- What does The Prosecutor's Office Do?
The City Prosecutor prosecutes all misdemeanors, hot checks and takes citizens complaints for the City of Fayetteville.
- What is the difference between the Washington County Prosecutor and the Fayetteville City Prosecutor?
Many people get confused because both offices are located in Fayetteville. The City of Fayetteville takes complaints and prosecutes misdemeanor cases that are committed within the Fayetteville City Limits. For example: DWI #1 #2 or #3, hot checks under $200, shoplifting under $500, Battery 3rd Degree (Domestic Abuse), minor traffic citations and city ordinance violations.
The Washington County Prosecutor's office takes complaints and prosecutes on Felony level cases. For example homicide: DWI #4, hot checks over $200, shoplifting over $500 and misdemeanors which occur in Washington County. The county also prosecutes juveniles.I have been the victim of a crime, how can the Fayetteville Prosecutor's Office help me?
If a citizen feels they have been the victim of a crime, they may contact this office and our support staff will ask some questions for example: (1) Did the incident occur in Fayetteville? (2) Was anyone arrested? (3) Is the suspect age 18 or over? (4) Is the incident possibly a violation of the Arkansas Criminal Code or City Ordinance. Then the citizen is given an appointment to make a formal complaint.
The Prosecutor's Office takes complaints from citizens which can range from Assault, Battery (Domestic Abuse), Theft, to Barking Dogs. This office has jurisdiction over all misdemeanors which occur within the City Limits of Fayetteville.- I am the victim of a Battery Domestic Abuse and my spouse / boyfriend /girlfriend has been arrested what can I expect?
When a person is arrested by the Fayetteville Police Department for Battery 3rd Degree Domestic Abuse, he/she will be assigned an arraignment date with the District Judge. If the defendant enters a Not Guilty then he/she will be assigned a trial date w/ the Prosecutor. If the defendant pleas Guilty, the Judge will impose a fine, court costs and possible jail time.
Once the case has been assigned a trial date. The victim will receive a letter from this office notifying them of the trial date, and requesting they contact this office. The victim will also be contacted by the Washington County Victim Assistance program, who can assist with support groups, Order of Protection and victim reparations.
During the plea session of the court date, the Prosecutor will speak with the defendant and victim and recommend Fines, Court Costs and Jail Time. If a victim does not want to be in the same room with the defendant, this office will assist him/her.
Battery Third Degree Domestic Abuse is a Class A Misdemeanor, punishable up to a $1000 fine and court costs and up to a year in jail. A second offense is a Felony.- I need a restraining order, how do I get one?
A Restraining Order is called an Order of Protection in Arkansas. An Order of Protection may be sought in the Washington County Circuit Court. The same Court which hears Divorce and Child Custody issues. A citizen may use their private attorney or if they can not afford one they can contact the Victim Assistance Program at the Washington County Prosecutors Office.
- I have received a hot check or I have written a hot check
The Fayetteville Hot Check Office is a division of the Fayetteville City Prosecutor's Office. The Hot Check Administrator is Mandy Finklea.
101 W. Mountain Street, Suite 202
Fayetteville, AR 72701
(479) 575 8254
The Hot Check Program assists Fayetteville Merchants and Citizens regain lost revenue due to receiving checks returned by financial institutions for an insufficient balance or account closed status (hot checks). This program also gives the hot check writer a chance to make good on his or her checks without being prosecuted, and prosecutes the hot check writer who does not take care of their debts. The Hot Check Program keeps on top of current and new laws concerning checks and theft and helps educate the public on the growing problem of bad checks. This program has been acknowledged by many of the merchants as "working for their company." Additionally, this program serves as a clearing house to merchants for fictitious accounts, stop payments, accounts not found, felonies, irregular signatures, and forgeries.I have a court date with the Prosecutor what can I expect?
The 9:00 a.m. time on your trial date is a plea bargain session. The Prosecutor talks to everyone there one by one and attempts to settle the case. If a case does not settle in the morning, then it will be set for Trial at 1:30 that same day.
- Can I drop charges in a case for which I was the victim?
The Prosecutor needs to know about this request, but if the Prosecutor knows that a crime has taken place, usually he will not drop charges.
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 .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 Washington County Prosecutor's Office.
Questions
Hot Check Program
What is a Violation of the Arkansas Hot Check Law and how does the City Prosecutor handle these violations?
- Who can use the Hot Check Office?
- What steps can my business help avoid receiving a worthless or "Hot Check"?
- My business has received a bad check, what should I do?
What happens after I file a complaint with the Hot Check Office?
Can all checks that are returned, be prosecuted as a Hot Check?
What money is collected for merchants who receive a "Hot Check?"
- Are there any Hot Checks that are felonies?
I think the check that I received was a forgery, what should I do?
Answers
Hot Check Program
What is a Violation of the Arkansas Hot Check Law and how does the City Prosecutor handle these violations?
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 the check or 10 days to 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. The check will need to be paid with a money order or cashier's check made out to the City of Fayetteville.
- Who can use the Hot Check Office?
Any merchant or citizen in the city limits of Fayetteville, who receives a check for $200.00 or less and is stamped by the bank: "Insufficient" or "Account Closed" may bring the bad check to the Fayetteville 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:
1) Require ID- A driver's license is best. Compare photo and signatures.
2) Get date of birth.
3) Low numbered checks ? A lot of bad checks are numbered below 500.
4) Out-of-State business or banking facility should alert you.
5) Typed name of maker of check in upper left hand corner should also alert you.
6) P.O. Box ? Get a permanent address.
7) Does person make a journal entry in their check register?
8) Be careful of rebate checks.
9) Make sure written and numerical amounts agree.
10) Make sure check is dated same day you receive it.
11) Train your employees.
12) Have check limits.
13) If in doubt, you do not have to take a check.- My business has received a bad check, what should I do?
If you receive a bad check, take the following steps immediately.
1) Send it through the bank a second time, if the check is insufficient.
2) Try to contact the check writer and give a time limit on payment.
3) Sign a complaint at the City Prosecutor's Office.
4) The Prosecutor's Office will handle it from here.
5) DO NOT accept any money on the checks turned over to this office. The check writer must pay through the Hot Check office.What happens after I file a complaint with the Hot Check Office?
- The Hot Check Program collection procedure is as follows:
1) A "demand to pay" letter will be sent to check writer.
2) If there is no response to the letter within 15 days, a warrant will be issued.
3) The check writer will be arrested.
4) The Judge or City Prosecutor will settle the case. 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:
1) A stop-payment check.
2) A post-dated check.
3) A check more than one (1) year old.
4) A check on which partial payment has been received.
5) A check given in exchange for a returned check.
6) A check not presented to the bank within 30 days.
7) A check given for payment on an account.
8) A check that the merchant agrees to hold for any period of time.
9) A two party check.What money is collected for merchants who receive a "Hot Check?"
We collect a $25.00 "Service Charge" above the face value of the check for you.
- Are there any Hot Checks that are felonies?
Any bad check in excess of $500.00 is considered to be a felony offense. Several checks written within a 90 day period that total over $200 may constitute a felony. Our office will send the checks to the County Prosecutor once we determine that the writer is a felony check writer.
I think the check that I received was a forgery, what should I do?
Take a forged check to the Detective Division of the Fayetteville Police Department for investigation if the check is written in the City of Fayetteville. All forged checks are felonies, even if the amount is under $500.00.