ADDRESSES - What is the physical and mailing address for both the Sheriff's Department and Jail?
The Sheriff's Department and Jail are located at 491 Highway 62 West, in Yellville, Arkansas and the mailing address for the Sheriff's Department and Jail is P.O. Box 366, Yellville, Arkansas 72687.
CHILD SAFETY SEAT-At what age does my child have to be in a child safety or booster seat?
Arkansas Law requires that a child under six (6) years of age or sixty (60) pounds, be restrained in a child passenger seat properly secured to the vehicle. Any child over six (6) and under fifteen (15) years of age must be secured in a seatbelt. The Sheriff's Department does not give away car seats.
CONCEALED HANDGUN LICENSE - How do I obtain a concealed carry license for a handgun?
All testing and processing for the Concealed Carry Handgun Licenses is done by the Arkansas State Police. The Sheriff's Department has no role in that process. Specific information on the process, as well as the names and phone numbers of instructors in Marion County can be found at the Arkansas State Police website www.asp.state.ar.us .
CRIMINAL BACKGROUND CHECKS - How do I obtain one?
The Sheriff's Department may provide certain information to the public that is available for public disclosure under the Arkansas Freedom of Information Act. This would include information from the Sheriff's Department's Records Management System on Incident/Offense Reports, Accident Reports, Jail Booking Records, Warrant Records, Civil Process Records, Citations, and Dispatch Logs / Complaint Cards. Exceptions would be for records relating to active/ongoing investigations, certain personnel records, records that have been sealed / expunged by court order, and records involving juvenile offenders or juvenile suspects. There are nominal fees associated with processing these requests.
The Sheriff's Department is prohibited by law from providing criminal history or background information of any kind from the Arkansas Crime Information Center database or the National Crime Information Center database. In addition, we cannot provide information relating to records maintained by any other law enforcement agency. You would need to contact those agencies directly for information from their records.
The Arkansas State Police Identification Bureau in Little Rock can provide a more thorough criminal history check that encompasses all jurisdictions in Arkansas. Information on their procedures can be found on the Arkansas State Police web site at www.asp.state.ar.us
The Sheriff's Department does do local, in-house criminal histories for those applying for housing assistance. The cost is $10.00 per person for these histories. Such requests may be made during normal business hours.
DELIVERING MESSAGES - Can a deputy deliver a private message to another person?
Only in truly URGENT OR EMERGENCY CIRCUMSTANCES will a deputy be permitted to hand deliver a personal message from one party to another. This determination will be made by the on duty patrol division supervisor. We cannot deliver routine, non-emergency messages due to phone service being out or other similar circumstances.
BODY ATTACHMENTS-What does this mean?
Body Attachments are court orders usually issued in child support enforcement actions. They are very similar to warrants of arrest that are issued in criminal cases.
A Body Attachment orders and directs law enforcement officers to seize the body of the person named in the order and hold that person in custody pending further orders of the court.
Most Body Attachments (but not all) will have language indicating that the person can be released from custody if a prescribed cash amount is paid to secure his release. This amount may or may not equal the total of delinquent child support payments. Other Body Attachments will require the person to remain in custody until brought before the Judge who issued the order. Body Attachments can be served in any part of the State, just as arrest warrants can.
Any monies that the Sheriff's Office collects from Body Attachment actions will be held and distributed as later directed by the court or as prescribed under the law.
EVICTION-How do I evict someone or have them evicted?
Eviction Procedures: There is no statutory authority for the Sheriff's Office to serve Notices of Eviction. The Landlord should serve these notices themselves; however, if notices come from an attorney or through the proper courts, the Sheriff's Department should serve them. We charge a normal Civil Process fee of $50.00.
LANDLORD INSTRUCTIONS: Landlords should be instructed to use the unlawful detainer statutes allowed through chancery (Civil) court. These are obtained by opening a civil case in the Circuit Clerk's Office at the courthouse. An attorney must be used or the Arkansas Rules of Civil procedure must be followed. The court will require either a three or ten day written notice to vacate give to the renter by the Landlord. This occurs only if the renter is behind on rent. Otherwise a full rental period written notice must be given.
COURT PROCEEDINGS: The Court will issue a notice of intention to issue a writ of possession. The Sheriff's Office will serve this allowing the renter five (5) days, excluding holidays and Sundays, to file an answer in court. If there is a written objection filed by the renter in court, then the Landlord obtains a court date. If there is no written objection filed by the renter, a writ of possession is issued.
If a writ of possession is issued, the Sheriff's Office will serve this notice. This allows the renter twenty-four hours to vacate or the Sheriff's Office will assist the Landlord in removing the renter.
While there may be other reasons for a landlord or property owner wanting to evict a tenant, the ONLY circumstances that the Sheriff's Office can become involved in under the law is Eviction for Non-Payment of rent, in cooperation with the Prosecuting Attorney. All other types of evictions for all other reasons must be handled through an attorney in civil court.
FINGERPRINTS - How can I be fingerprinted for work/job purposes?
The Sheriff's Office will fingerprint persons upon request as part of pre-employment criminal history background checks. There is a $10.00 charge for each set of prints. Detention Officers perform this service and may request you come back later if they are tied up with their work. Fingerprints must be done during normal business hours.
WARRANT OF ARREST-How do I find out if I have a warrant for my arrest? What do I do if I have one?
The Sheriff's Office maintains thousands of Warrants of Arrest issued by the District Court and Circuit Court. All of these warrants constitute public records under the Freedom of Information Act. Any person can obtain information on arrest warrants pertaining to himself or herself or any other person by placing phone call to the Sheriff's Office. Such information as the date of the warrant, charge(s) specified on the warrant, bond amount, and issuing court can be provided.
Many arrest warrants are served by deputies working in the field, either during vehicle stops or by visiting the last known home address or work address of the person named in the warrant. Other warrants are served when people voluntarily surrender themselves to the Sheriff's Office after learning a warrant exists for their arrest.
Most warrants will have a bond specified by the court that a person in custody is required to post before being released. Other warrants are "No Bond" warrants, and the person must remain in custody until appearing before a Judge for further proceedings.
On those warrants that have a bond amount specified, the Sheriff's Office will accept either cash for the bond or a surety bond issued by a professional licensed bail bonding company. The Sheriff's Office generally will not accept or approve an O/R Bond (release on own recognizance) or a property bond.
Misdemeanor arrest warrants may be served anywhere in the State of Arkansas. Felony arrest warrants are extraditable from anywhere within the United States. The Sheriff's Office is very aggressive in serving arrest warrants, and extradition will generally be authorized whenever we are notified a person is in custody in another jurisdiction on a Marion County warrant.
Any person wanting information about an arrest warrant or how to take care of an active warrant should contact the Sheriff's Office. We will make every effort to make a reasonable accommodation to allow the person satisfy the warrant within the boundaries of the law and department policy.
MISSING PERSONS - How and under what conditions can I report someone missing?
Missing Person reports are separated into two general categories:
Missing/Runaway Juveniles: The parent or guardian of any juvenile (under 18 years of age) may file a missing person-runaway juvenile report at any time. These reports will be immediately entered into the NCIC/ACIC law enforcement database, which would serve to alert any officer from any jurisdiction having contact with the juvenile that he or she is listed as missing or a runaway. Radio notification will be made to all officers on duty. Deputies will also follow-up on any leads provided by the parent/guardian as to the possible location of the juvenile.
Missing Adults: Any person eighteen (18) years of age or older is considered to be an adult with full freedom of movement and liberty. Exceptions would include persons 18 years of age or older who remain under the legal guardianship of another adult or protective services. Deputies will take reports of missing adults at any time. The extent of any follow-up will depend upon the circumstances of the disappearance. For example, if evidence indicated that the missing person was endangered or may have been forcibly abducted, deputies would immediately begin follow-up on leads. If the missing person simply has not been seen recently but no evidence of foul play was found to exist, then our options and responsibilities in those cases are limited under the law and department policy.
POLICE REPORTS-How do I get a copy?
Most Sheriff's Office records are public information under the Arkansas Freedom of Information Act and are available for public viewing, and for copying for a nominal fee. There are several exceptions to this, including specifically reports and paperwork relating to criminal cases remaining open and under investigation, certain personnel records, records sealed/expunged by court order, and records relating to juveniles (under 18 years of age). We will not compile statistical or comparative data for individuals, nor will Administration Staff offer comment on reports or documents prepared and filed by individual deputies.
Accident Reports: Most generally, Patrol Deputies prepare traffic accident reports on accidents they have investigated on county roads. These reports are filed with clerical staff within five (5) days of the date of the accident. There is a nominal fee for copies of these reports. Although deputies frequently arrive at accident scenes on Arkansas State Highways and U. S. Highways to assist the State Police, the deputy does not always work accidents on State Highways. That is the responsibility of the State Police and those reports from those accidents are filed with the Arkansas State Police Headquarters, and they are not available from the Sheriff's Department.
PROTECTION ORDERS-How do I get one and when do they go into effect?
ORDERS OF PROTECTION:
A. Orders issued by the Circuit Court to protect victims in Domestic Violence situations.
B. To be eligible, the victim must have been in a "Domestic Type Relationship" with the offender, within the definition of the law. The definition includes married people, people related within the 4th degree of consanguinity, people who have lived together, had a child together, or have been in a dating relationship. Parents or advocates may also obtain, or assist in obtaining, Orders of Protection on behalf of others in some circumstances.
C. Application/Petition forms to obtain Orders of Protection are available at the Circuit Clerk's Office. The Clerk may assist applicants in filling out the forms.
D. There are no costs associated with this order, no filing fees, and no service fees.
E. The completed application form is presented to a Circuit Judge for review.
F. The victim/applicant may have to answer questions from the Judge before he decides whether or not to issue the order. There must be sufficient grounds to issue the order.
G. If the application is approved, the Circuit Judge will issue an Ex Parte (Temporary) Order of Protection. This Order will be delivered to the Sheriff's Office to be served on the offender. The Order has no validity and cannot be enforced until and unless the offender has been served with the Order.
H. When the offender is served, the Order will specify a court hearing date and time. The offender may appear to challenge the Order at that time.
I. At the time of the hearing, the Judge may make the order permanent (up to 10 years), may modify the provisions of the order, or may drop or terminate the temporary order.
J. The order may award temporary custody of children or dependents to the applicant/victim, may order spousal support, may award temporary possession of a residence or personal property, and may prevent the offender from having any contact with the victim, the victim's children, family, or etc.
K. Any person who violates any provision of the Order of Protection has committed a crime, specifically a Class A Misdemeanor, the punishment for which is up to a $1,000 fine and/or up to one (1) year in jail. The Judge issuing the Order can also punish for Contempt of Court.
L. Officers may make an arrest without a warrant if there is probable cause to believe the Order of Protection has been violated or broken by the offender.
M. Mutual (two-way) Orders of Protection are not permitted, however the parties involved may obtain separate Order of Protection against one another if grounds exist to convince a Judge to grant them.
Victims of Domestic Violence are encouraged to apply for Orders of Protection, because it is a crime to violate them. This gives law enforcement much great authority to enforce the provisions of these orders and results in a new charge being filed. The same cannot be said for violating other kinds of orders.
A. These are civil court orders generally issued in divorce cases.
B. There are filing fees and service fees involved, and the services of attorney are generally required to obtain a Restraining Order.
C. A person who defies the provisions of a Restraining Order has not committed a criminal offense. The remedy for violating a Restraining Order is to petition the court to hold the offender/violator in Contempt of Court, the punishment for which is generally a small civil fine.
Restraining Orders are generally ineffective in Domestic Violence cases because they have no real teeth to them.
NO CONTACT ORDERS:
A. Any person taken into custody for a criminal offense resulting from a Domestic Violence incident will generally be issued a standing No Contact Order at the time of his or her release from custody. This order is issued as a condition of bail or condition of release.
B. The order remains in effect until lifted or terminated by a Judge, but can generally be valid for no more than two (2) years.
C. A person who violates a No Contact Order has not committed a crime; rather he or she has violated the conditions of bail or release and can be taken back into custody by the officer until appearing in person before a Judge. The bail is basically revoked.
The Sheriff's Office has pre-printed information available on how to obtain Orders of Protection, how to obtain the services of a victim's advocate, and how to obtain the services of a shelter. Any deputy will be glad to provide these materials or try to answer any questions about the Sheriff's Office procedures in responding to and investigating incidents of Domestic Violence.
SEX OFFENDERS-What are the different levels and what do they mean?
Convicted Sex Offenders are required by law to register with law enforcement. The Marion County Sheriff's Department is the law enforcement agency that handles the registration process of all Sex Offenders who reside in Marion County.
There are four (4) levels of Sex Offenders under Arkansas Law. The levels represent the likelihood the Offender will re-offend.
Level 1 - Least likely to re-offend
Level 2 - Moderate risk to re-offend
Level 3 - High Risk to re-offend
Level 4 - Sexually Violent Predator
A convicted Sex Offender, who is assigned a risk level of 1, 2, or 3, is required to come in to the Sheriff's Office every 6 months to re-register. A level 4 Sex Offender is required to come in every 3 months to re-register.
When a Sex Offender moves into the State of Arkansas, they are required to be evaluated before they are assigned a risk level. This process sometimes will take several months before the State assigns a risk level. Law Enforcement is not allowed to notify the public UNTIL a risk level has been assigned by the State of Arkansas.
SEX OFFENDERS ON THE WEBSITE -What or who determines which sex offenders go on the website?
The Marion County Sheriff's Department is responsible for notifying the public of where Registered Sex Offenders live. Under Arkansas Law, we are only allowed to do public notification for Level 3 and Level 4 Sex Offenders. In 2007, a law was passed allowing us to do public notification on Level 2 Sex Offenders IF the Sex Offender was 18 years of age or older and the Victim was age 14 or under when the crime was committed.
In addition to posting the information on the website, we also do door to door notification within an area surrounding the residence of the Sex Offender. Officers use flyers showing the Offender's picture and information about their crime, and go door to door notifying the neighbors of who the Sex Offender is and where they live.
FINE, TICKET AND RESTITUTION PAYMENTS -Where do I make payments and what payments do the Sheriff's Department accept?
Traffic ticket's that are received in Marion County from Deputies or Arkansas State Troopers are paid at the Sheriff's Department. Forms of payment accepted for traffic violations and district court fines are cash and money orders. You may call ahead to verify the amount owed at 870-449-4236 or see "Bonds and Fines" section at this website. Circuit court fines, restitution, and court costs payments are paid at the Sheriff's Department. Forms of payment accepted are cash and money orders.
Restitution: If the victim of a crime (whether a person or a business) is seeking restitution from someone arrested on their complaint, such as from a theft or a property damage case, it is very important that exact details of the restitution request be provided to the Investigator as soon as possible. This includes a detailed description of the stolen or damaged property, copies of any invoices or receipts showing the value, and all other pertinent information. This information has to be relayed to the Prosecuting Attorney's Office before the case is adjudicated if there is to be a chance of the court ordering restitution to the victim.
If the Judge orders restitution to be paid to you on the case, the amount of the restitution will be included in the final Judgment. Restitution from misdemeanor cases in District Court will be collected by the District Court Probation Office or Court Clerk's Office. Restitution from felony cases in Circuit Court will be collected by the Sheriff's Office and paid directly to the victim. We use aggressive means to collect all restitution that is due, including the suspension of driver licenses, petitioning the court for contempt proceedings, and filing liens against state tax refunds through the Arkansas State Income Tax Set Off Program when necessary.
EMPLOYMENT - Can I apply on-line? How long are the applications kept on file?
The Sheriff's Department accepts applications for employment throughout the year. Applications will normally remain on file and active for six (6) months from the date they were submitted.
Employment Applications are available online. However, submission of those applications to the business office is not currently available online by electronic means. They must be delivered to the administration offices or mailed.
See the "employment" section of this website for further information pertaining to employment.
FIREARMS USE - When and where can I shoot my gun?
The Sheriff's Department frequently receives complaints of people shooting and discharging firearms in the unincorporated areas of the County. There appears to be no statutes or ordinances in existence that regulate or control the lawful discharge of firearms on private property in unincorporated areas. There are no regulations regarding the dimensions of the property the firearm can being discharged on, nor the time of the day or night that firearms may be discharged, nor the placement of any backstops or barriers, nor any regulations concerning the noise produced when a firearm is discharged. So long as the person shooting the firearm is not being overtly reckless to the point that another person's safety is in immediate danger (which can be very difficult to prove criminally), then the lawful discharge of firearms is allowed. Absent a state statute or county ordinance establishing clear restrictions that were being violated, law enforcement has no authority to intervene in those situations. Some rural property that is included in platted subdivisions or developments may have "protective covenants" attached to the property that prohibit or regulate the discharge of firearms thereon, but protective covenants can only be enforced by the filing of a civil lawsuit by an aggrieved party. The executive branch of the county government (Sheriff's Department in this instance) cannot enforce protective covenants in any way.
NOISE COMPLAINTS - What is the law?
General Noise Complaints: Although it has been discussed in the past, Marion County does not have an ordinance prohibiting loud or excessive noise that would constitute a nuisance. Many municipalities have such an ordinance, but Marion County does not. Therefore, when we receive complaints of loud noise, loud music, or etc., we generally have very limited options open to us other than to politely ask the person responsible to turn it down. Only in very extreme cases could a disorderly conduct type charge potentially be filed.
PERSONAL PROPERTY EXCHANGES - How can I retrieve some of my personal belongings?
People frequently ask the Sheriff's Department if a deputy can accompany them to a residence to retrieve or recover personal property. We will generally try to assist people at the time they call or come in, if the property exchange or retrieval can be handled in 15 minutes or less. The sole purpose of the deputy will be TO KEEP THE PEACE. Any property over which ownership is in dispute will remain with the person who has it until a Judge orders otherwise, regardless of any receipts or paperwork showing who purchased the articles.
PROPERTY BOUNDARY DISPUTES - What's the solution?
Occasionally, the Sheriff's Department is asked to intervene and settle real estate disputes concerning property line boundaries. These are private, civil matters between the parties involved. They must be settled in civil court by a Judge if the parties cannot agree among themselves. We cannot examine property deeds or survey documents or landmarks to determine or settle property boundary disputes. We will take a written report if asked to for informational purposes only, but that must be the extent of our involvement in those issues. Of course if a court issued orders requiring the Sheriff's Department to perform some act or function relating to a property dispute, we would follow the order of the court.
RESERVES PROGRAM- What are the requirements? How do I become a Reserve Officer?
Reserve Deputies are a very important part of Sheriff's Office. It would be very difficult to function without the support of the Reserves. Reserve Deputies, when acting under supervision and on specific assignments, can be called upon to perform any tasks and take any actions that full time law enforcement officers may undertake. These include patrol duties, investigative duties, court bailiff duties, extraditions and transport of prisoners being held on warrants, traffic control duties, crowd control duties, public event duties, dispatching, and many other activities.
Applicants are selected based upon the results of their interview and recommendation of supervisors and active Reserve Deputies and upon the results of their background checks and other criteria. These are all unpaid, volunteer positions. Applicants selected for these positions must be able to meet all of the same minimum standards requirements that a full time law enforcement officer in Arkansas must meet.
These include, but are not limited to:
A. Being at least twenty-one (21) years old - proof required.
B. Being a citizen of the United States - proof required.
C. Being free of felony convictions.
D. Being fingerprinted and submitting to a thorough and complete background check investigation.
E. Possess a valid Arkansas driver license.
F. Successfully completing a physical examination.
G. Successfully completing a psychological evaluation.
H. Possess a High School Diploma or GED - proof required.
As of 2010, all reserve deputies, the Sheriff's Department requires that all future reserve deputies, must reside inside Marion County.
Reserve deputy applicants must undergo state's minimum training and successfully graduate from the program to become a sworn Reserve Deputy. The Sheriff's Department provides badges, uniforms, and some other limited equipment. Reserve Deputies must provide their own firearm (as approved by Sheriff's Department), leather gear, body armor, expense of a physical examination, and the expense of a psychological examination. The initial expense to each new Reserve Deputy can be several hundred dollars.
TOWING OF VEHICLES - When does law enforcement tow vehicles?
Non-Consensual Towing: The Sheriff's Department has authority to impound and tow vehicles under limited circumstances, which include but are not limited to the following:
• When the driver of the vehicle was lawfully stopped by law enforcement and the vehicle has been seized, with or without the driver being arrested.
• When the vehicle has been disabled in a traffic accident and the owner/operator is not at the scene.
• When the vehicle is illegally parked in violation of Arkansas Statutes or County Ordinances. Examples would include handicapped parking violations, blocking the roadway, parking within an intersection or crosswalk, parking too close to a fire hydrant or traffic control sign, and several other reasons.
Towing from Private Property: Owners of private property may, themselves, arrange for the towing of any motor vehicle, that has been left or abandoned, without permission or consent on their property. The Property Owner will be responsible for contacting a towing service to have the vehicle removed. The Sheriff's Office cannot become involved in that procedure. The Sheriff's Office cannot tow or remove a vehicle from privately owned property unless the vehicle has been seized by the Sheriff's Office as the result of a criminal violation.
UNLOCKING VEHICLES - Can the Sheriff's Office unlock my personal vehicle?
Only in cases of an EMERGENCY, such as a small child being locked inside a vehicle, can the Sheriff's Department send someone to assist with gaining entry to your personal vehicle. Our deputies do not carry any unlocking tools in their patrol cars, and potential liability for property damage will not allow us to unlock personal vehicles.
In non-emergency cases, you would need to call a professional locksmith to assist in gaining entry into your vehicle.
WELFARE CHECKS - Will the Sheriff's Department check on the personal welfare of people in their homes?
The Sheriff's Department frequently receives requests to perform what we term a "Welfare Check" on another person. These generally occur when people are unable to reach a family member or close friend in Marion County and are concerned about the personal health and welfare of that person. We will generally dispatch a deputy to the address provided by the caller to see if contact can be made with the person in question. If contact is made, and if deemed appropriate and necessary, the deputy will conduct a brief cursory and informal investigation to determine the physical and/or mental health and well being of the person, without violating his or her privacy rights. The deputy or dispatcher will then re-contact the caller to provide information on what was learned.
Another frequent request is one from a parent for a deputy to check on the "welfare" of minor children in the permanent or temporary custody of the other parent. The Sheriff's Office will generally agree to make one (1) such welfare check on the children, provided the parent making the request can provide specific reasons based on facts that the welfare of the minor children is somehow being jeopardized. We will NOT be used by one parent as a tool to harass or intimidate the other parent because of a custody issue or dispute that remains unresolved by the courts.
HOW DO I GET A COPY OF MY DRIVING RECORD?
For questions regarding your driving record, contact Driver Control 1-800-662-8247.
HOW CAN I FILE A COMPLAINT AGAINST AN EMPLOYEE?
You have to speak with the Sheriff, a supervisor or other administration 870-449-4236 and they will take the information from you.
CAN THE SHERIFF'S OFFICE JUMP START MY CAR?
Yes, depending on the circumstances. Some deputies carry their own jumper cables and some don't. If you have your own cables we will help.
HOW LONG DO I HAVE TO TAG OR INSURE MY VEHICLE?
You have 30 days to tag your vehicle. Your vehicle should be insured immediately after purchase to abide with Arkansas State Laws. If you have further questions regarding your insurance you should contact your insurance company.
RIDE-A-LONG: CAN I GO ON A POLICE RIDE-A-LONG?
The Marion County Sheriff's Department currently does not have a ride-along program for civilians.
TRANSPORTATION SERVICE DURING BAD WEATHER: CAN THE SHERIFF'S OFFICE HELP ME GET TO WORK IN THE ICE AND SNOW?
During periods of ice and snow we can only transport those persons who work in the medical field or at area nursing homes (doctors, nurses, nurse's assistants, etc). This service is very limited because of the amount of accidents we typically have during these times. Please call 870-449-4236 for a ride during times of inclement weather.
BARKING DOGS: MY NEIGHBOR'S DOGS BARK ALL NIGHT. WHAT CAN I DO ABOUT IT?
Typically if you report that your neighbor's dog keeps you awake all night we will attempt to make a courtesy contact with the neighbor and ask him to help with the situation. Please keep in mind that there is no law against the dog barking all night. Hopefully your neighbor is courteous and willing to work with us to alleviate the situation. .
CONFIDENTIAL INFORMATION: I HAVE INFORMATION THAT I WANT TO PASS ALONG BUT I DON'T WANT TO USE MY NAME. WHAT NOW?
E-mail us using the link on our home page or call our tip line listed next to the home page. Rest assured that we will not try to contact you back or trace your number or address. Thank you in advance for any information.