FAQ

Does the Prosecuting Attorney’s office give legal advice?
No.

Should crimes be reported to the Prosecuting Attorney’s office?
This is not an investigating office. If you believe a crime has been committed, you should call the Sebastian County Sheriff’s Office at 888.240.9911.

Where is the Prosecuting Attorney's office?
Court Building, Room 209, 2nd floor. It is the only office on the right after you get off the elevator.

How do I contact the Public Defender?
40 South 4th Street, Fort Smith. The phone number is 479.785.2326

How can I get a Public Defender assigned to my case?
The Court Administration Office can provide an Affidavit of Indigence. This Affidavit must be completed and presented to the Judge at the preliminary hearing. The Judge will determine at this time whether the individual is eligible for Public Defense.

Do Public Defenders help with civil cases?
No, the Public Defender’s Office is specifically for defense in criminal cases.

If I want to apply for assistance of the Public Defender’s office what do I need to do? You will need to complete an Affidavit of Indigency and bring it to the Judge at the time of your arraignment. The Judge will make a determination at that time if you qualify for the assistance of the Public Defender’s office.

What happens in a trial?
The Prosecuting Attorney’s Office has the responsibility to present the evidence that a crime has been committed by the accused. The defendant will be present through the trial, and the defense may also present evidence. A trial may be held before a judge or a judge and jury.

I've received a Summons; what do I do?
If you do not answer the Complaint/Petition in the time allotted (see summons for how many days) you may have a Default Judgment entered against you. The Circuit Clerk does not have answer forms. Circuit Clerk staff are not attorneys and cannot advise you what to write on your answer form or what to do next. We are located in the Sebastian County Courts Building, 901 South B Street, Rm 205, Fort Smith, AR 72901, 479.782.1046

I can't afford an attorney. How can I get one appointed to represent me?
If you are charged with a criminal offense, one may be appointed for you at your arraignment. If the case is not criminal in nature, you may check with Western Arkansas Legal Services for a list of attorneys who provide pro bono services. Their phone number is 479.785.5211 and they are located at 901 South 21st Street, Fort Smith, AR. You must call first; they do not take walk-ins.

Where are fingerprints taken?
Fingerprints are taken at the Adult Detention Center.

Do I have a warrant?
Contact the Records division at:

Fort Smith Office
479-783-1051
800 South A Street,
Fort Smith, Arkansas 72901

Greenwood Office
479-996-2145

If I want to apply to have a past felony conviction sealed (expunged) what do I do?
You will need to complete an application for Petition to Seal [link] and bring it, together with the accompanying letters required to the office of the Court Administrator. The applicant must collect documents with signatures from the offices listed on the form. Some offices may charge fees for these documents; for example, the Sheriff’s Department charges $6 for this service.

Do I need an attorney to seal my case?
You do not have to retain an attorney to seal your case. Forms are available on the Court Administrator’s [link] page of this website. There is a $50.00 filing fee.

How can I obtain a Criminal Search?
You can contact the Arkansas State Police ID Bureau at 501.618.8500. Circuit Clerk’s office does not perform Criminal Searches unless you are Petitioning the Court to Seal your record and you have the form provided by the District Court or the Court Administrator.

How do I find a court date?
Contact the Circuit Clerk.

What is the term of service for a juror?
Jurors for both Fort Smith and Greenwood districts serve 4 months.

What are jurors paid?
$15.00 per day for reporting and $50.00 per day for serving on a case.

Where do I pay my traffic ticket?
In Fort Smith, misdemeanor fines are paid downstairs in new court building in district court office. In Greenwood, payment may be made at the Sebastian County Sheriff's Office on the 1st floor of the Greenwood Courthouse, or by mail to P.O. Box 337, Greenwood, AR 72936-0337.

Where do I pay my felony fine and restitution?
All felony fines and restitution are paid upstairs at the Courts Building, 2nd. Floor, Room 209, 901 S. B, at the Prosecuting Attorney’s office.

How does Drug Court work?
Drug Court offers an alternative for non-violent offenders whose substance abuse problems have contributed to their charges. Participants receive treatments, and must comply with restrictions on their daily activities.

Who determines eligibility for Drug Court?
A defendant can request consideration for Drug Court. The Prosecutor’s Office reviews defendants for eligibility.