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1. 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.

2. What does the Prosecutor's Office do?

The City Prosecutor prosecutes all misdemeanors and hot checks and takes citizens' complaints for the City of Fayetteville.

3. 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 $1,000, shoplifting under $1,000, 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 $1,000, shoplifting over $1,000 and misdemeanors which occur in Washington County. The county also prosecutes juveniles.

Washington County Prosecutor

4. 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, such as if the incident occurred in Fayetteville, if anyone was arrested, the age of the suspect, and if the incident is 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 that include assault, battery (domestic abuse), theft, and barking dogs. This office has jurisdiction over all misdemeanors which occur within the city limits of Fayetteville.

5. 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 plea, then he/she will be assigned a trial date with the prosecutor. If the defendant pleads 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 which can assist with support groups, Orders 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 3rd degree domestic abuse is a class A misdemeanor, punishable up to a $1,000 fine and court costs and up to a year in jail. A second offense is a felony.

6. I need a restraining order. How do I get one?

A restraining order is called a Protective Order in Arkansas. You may be eligible for an Order of Protection if you believe you are in immediate danger of physical violence from a current or former household member.

To file a petition for Order Of Protection you will need to go to the Washington County Circuit Clerk's Office at 280 North College, Suite #302, Fayetteville, Arkansas. You are required to have your offender's correct date of birth to ensure proper service and enforcement. You will also be required to provide the Sheriff's Department with an address where your offender can be served. Deputies will not search for your offender beyond what information you provide.

7. I have a court date with the prosecutor what can I expect?

The 9 a.m. time on your trial date is a plea bargain session. The prosecutor talks to everyone there individually and attempts to settle the case. If a case does not settle in the morning, then it will be set for trial on another day.

8. 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. Please call 479-575-8377 for an appointment to discuss your request with the prosecutor in person.

9. What is 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 0.08 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 least 0.02 and less than 0.08. If you are under 21 and your blood alcohol is 0.08 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 DWIs 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.

10. How can I get my police report if I have a court date?

You can fill out a Freedom of Information (FOI) Request Form and turn it in to the City Prosecutor's Office. FOI Request Form (PDF)