How Much Evidence Is Needed to Press Charges?

Arkansas prosecutors can file charges with probable cause, which means enough evidence to reasonably believe a crime occurred. This can be based on:

• A police report

• One person’s statement

• Surveillance footage

• Witness testimony

It does not require proof beyond a reasonable doubt—that standard applies at trial. That means even weak or one-sided allegations can lead to serious charges. This is often where family disruption begins.

Criminal charges don’t just affect the person accused—they disrupt families, cost jobs, and reshape futures. But that's not even the worst part.

The worst part is doing it alone. Men are shown to have more distant relationships with their families, even before facing charges. And women who commit crimes are more likely to be cruelly stereotyped in the media, thus ostracizing them socially.

At Ludwig Law Firm, we understand that behind every criminal case, there is a person who simply needs support. If you’re facing charges in Little Rock or anywhere in Arkansas, we’re here to help you protect your relationships, your livelihood, and your dignity.

As always - if you have a legal question you want answered in a future blog, submit it via the form on this page. Now, let's dive in!

Do I Have to Let CPS See My Child?

If Arkansas Child Protective Services (CPS) contacts you, take it seriously. You do not have to let CPS into your home unless they have:

• A court order

• A warrant

• Law enforcement accompanying them

However, refusing to cooperate can lead to further investigation or court intervention. If you’re facing CPS inquiries related to criminal charges, you need legal guidance immediately. We help families navigate this delicate situation while protecting parental rights.

How to Explain Incarceration to a Child

If you’re arrested or sentenced, your child will have questions. It’s hard—but honesty matters.

We help families plan ahead for these transitions, and we always advocate for outcomes that keep parents connected to their kids.

At What Age Can a Child Decide Which Parent to Live With in Arkansas?

In Arkansas, children do not have the legal right to choose which parent they live with. However, the court may consider their preference as part of the “best interest of the child” standard—especially when the child is 12 or older.

That said, a child’s preference is only one factor. If one parent is facing criminal charges, particularly for violence or substance abuse, it may outweigh the child’s stated preference.

What Is the New Custody Law in Arkansas?

As of recent legislative updates, Arkansas law (Ark. Code § 9-13-101) now presumes joint custody is in the best interest of the child unless the court finds otherwise.

However, if a parent is facing criminal charges, especially those involving domestic violence or endangerment, this presumption may be overturned. That’s why it’s critical to have a criminal defense lawyer who also understands how charges intersect with family law issues.

Will a Judge Listen to a 12-Year-Old in Arkansas?

It depends on the judge. While Arkansas law doesn’t set a firm age, judges are more likely to give weight to the wishes of children age 12 and up, particularly if the child is mature and expresses a clear, reasonable preference.

It is important to consider that the judge's role is to understand the totality of the circumstances, including each parent’s criminal history and ability to provide a safe, stable home, before making a decision.

How Criminal Charges Affect Your Job and Reputation

Arkansas employers often conduct background checks, and even pending charges can cause:

• Immediate suspension or termination

• Loss of professional licenses (nursing, CDL, teaching, etc.)

• Disqualification from state or federal employment

• Damage to your personal and professional reputation

Even if your case is later dismissed, the time between arrest and resolution can be career-ending without strategic legal support.

We often work with trial-focused firms like Warden Law Firm when a case needs immediate courtroom action. We don’t guess. We prep every case like it’s going to trial. When a client needs both finesse and firepower, a Ludwig and Warden partnership is the best option.

Your Family and Your Future Are Worth Defending

Call 501-838-4043 or visit ludwiglawfirm.com. We’ll help you protect what matters most—before the system decides for you.

📞 Call Ludwig Law Firm today at 501-838-4043
🌐 Visit us at ludwiglawfirm.com
📍 Proudly serving clients in the Eastern and Western Districts of Arkansas

Disclaimer: The information provided in this blog is for general informational purposes only and is not intended as legal advice. Reading this blog or interacting with Ludwig Law Firm through this content does not create an attorney-client relationship. Every legal case is different, and you should not act or rely on any information in this blog without first consulting with a licensed attorney about your specific situation. For legal guidance tailored to your needs, please contact Ludwig Law Firm directly.