What is the Staff Attorney's Office?

The Staff Attorney acts as in-house counsel and provides legal guidance and support for elected city officials, city departments, and boards and commissions in conducting City business. The office represents the City before judicial and administrative agencies in civil litigation proceedings; and prosecutes all traffic and misdemeanor violations occurring within the limits of the city of Bentonville. Felony criminal matters in the City of Bentonville are handled by the Benton County Prosecutor's Office.

Since I live in the City of Bentonville, can I receive legal advice regarding personal matters?

Where can I find a copy of the Bentonville City Code or City ordinances?

The Bentonville City Clerk maintains copies of the City Code and ordinances. The City Clerk's office is located on the 3rd Floor of City Hall, 117 West Central in Bentonville, Arkansas. She may be reached by phone at 479-271-3112. The City is working to make the Code and ordinances available online for viewing and downloading.

I received a ticket or citation to appear in the Bentonville District Court, what can I expect?

Arraignment. The appearance date given on your ticket is your arraignment date. You must appear on this date unless you pay the ticket prior to the date. Please note, if the officer has indicated on the ticket that it is a MUST APPEAR citation, then you may not pay the ticket prior to the court date, and you must appear before the Judge. At this first appearance you may talk to the Prosecutor about a plea negotiation.  If an acceptable plea agreement is reached you may enter a plea of guilty and pay the clerk, however, certain misdemeanors require that you see the Judge ,i.e. DWI’s , Drug and Domestic cases.   If the matter cannot be resolved with the Prosecutor, you may plead not guilty.   If you plead not guilty, you will be given a second court appearance which will be your Trial date.

Trial.  This appearance will be your trial date. The officer and other witnesses will be subpoenaed to appear and testify on behalf of the prosecution. You will have the opportunity to cross-examine these witnesses and to present evidence and testimony in your defense. The Arkansas Rules of Evidence apply during trial proceedings, and the prosecution must prove their case beyond a reasonable doubt. At the conclusion of the testimony, the Judge will render a verdict of guilty or not guilty.

IF YOU FAIL TO APPEAR AT ANY SCHEDULED COURT DATES, THE COURT MAY ISSUE A WARRANT FOR YOU ARREST

Would it be possible to speak with the Bentonville City Prosecutor regarding a traffic ticket I received, before my first appearance in court?

No. You should follow the options provided on the ticket. Also, please see further instructions concerning keeping a traffic ticket off your driving record, below.

Would it be possible to speak with the Bentonville City Prosecutor regarding my being arrested or cited for a misdemeanor crime in the City of Bentonville, prior to my first appearance in court?

No. Cases are not assigned to the City Prosecutor's Office until after your first appearance. You should appear at your first appearance, or arraignment hearing, before the City Prosecutor will speak with you.

How do I obtain discovery in my Bentonville District Court case?

Discovery will be available for your inspection and review at your first court appearance, termed an Arraignment Hearing. In addition, the City of Bentonville Prosecutor’s office maintains an open file policy.

If you have an attorney, discovery will be provided to your attorney, free of charge, prior to Trial date.  If you are not represented by an attorney and would like to request a copy of the discovery, please make a written request to the Bentonville City Prosecutor’s office at 117 West Central, Bentonville, Arkansas.

I got a traffic ticket in the City of Bentonville. Can I keep it off my driving record?

At the present time the District Judge will not allow any traffic violations to be taken under advisement.

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

Please contact the Legal Department at (479) 271-5956 and give a description of the crime involved, including the location and approximate date of the incident. The Legal Department Staff will determine the status of your case for you.

How do I go about getting restitution if I am a victim of a misdemeanor crime in the City of Bentonville?

You should contact the City's Case Coordinator at 479-271-5956 and she will work with you, the City Prosecutor and the Bentonville District Court to obtain restitution.

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

The prosecutor needs to know about the request, but whether or not the charges will be dropped is within the prosecutor's discretion.

What is the difference between the Benton County Prosecutor and the Bentonville City Prosecutor?

Many people get confused because both offices are located in Bentonville. The City of Bentonville takes complaints and prosecutes misdemeanor cases that are committed within the Bentonville City Limits. For example: DWI #1 #2 or #3, Shoplifting under $500, Battery, traffic citations and City ordinance violations.

The Benton County Prosecutor's office takes complaints and prosecutes on felony level cases. For example homicide: DWI #4, hot checks, shoplifting over $500. The County Prosecutor's Office also handles misdemeanors which occur in Benton County (outside of a city). In addition, the county prosecutes juveniles and domestic violence cases. The Benton County Prosecutor's Office may be reached at 479-271-1030.

Are all Bentonville District Court cases handled by the Bentonville City Prosecutor?

No. Bentonville District Court hears misdemeanor and traffic cases prosecuted by the County Prosecutor's Office as well as the City Prosecutor's Office. As a general rule, if your citation was issued by a Bentonville Police Officer, it will be handled by the Bentonville City Prosecutor.

If your citation was issued outside the Bentonville City limits by a Benton County Deputy or Arkansas State Trooper, then it will generally be handled by the Benton County Prosecutor.

What resources are available for victims of domestic violence?