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Arkansas Questions & Answers
1 Answer | Asked in Constitutional Law and Civil Litigation for Arkansas on
Q: Can I file a civil suit I had dismissed

I dismissed the case until I got out from incarcerated

James L. Arrasmith
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answered on Apr 11, 2024

In Arkansas, if you voluntarily dismissed your civil case without prejudice, you generally have the right to refile the lawsuit at a later date, subject to the applicable statute of limitations. However, if the case was dismissed with prejudice, you would be barred from refiling the same claim.... View More

2 Answers | Asked in Gov & Administrative Law for Arkansas on
Q: How do I find out about a murder trial from 1990 in Greene county the details
John Michael Frick
John Michael Frick
answered on Apr 10, 2024

There may be some court records available through the court clerk's office. It is unlikely that a transcript of the trial will still be available. If the murder case was appealed, the attorney handling the appeal for the defendant may have kept a transcript of the trial testimony, but is not... View More

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2 Answers | Asked in Gov & Administrative Law for Arkansas on
Q: How do I find out about a murder trial from 1990 in Greene county the details
James L. Arrasmith
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answered on Apr 10, 2024

To find information about a murder trial from 1990 in Greene County, Arkansas, you can try the following steps:

1. Contact the Greene County Circuit Clerk's office: They maintain records of court cases, including criminal trials. You can request information about the specific case you...
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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Arkansas on
Q: What does it mean when the copyright or trademark has been abandoned. And if it means the person or entity no longer own

It can some one else take the rights for copyright or trademark. ? If nine of these then if the purpose or business isnt what the propritor has is it okay to use the name?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Apr 10, 2024

The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.... View More

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Arkansas on
Q: What does it mean when the copyright or trademark has been abandoned. And if it means the person or entity no longer own

It can some one else take the rights for copyright or trademark. ? If nine of these then if the purpose or business isnt what the propritor has is it okay to use the name?

James L. Arrasmith
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answered on Apr 11, 2024

When a copyright or trademark has been abandoned, it generally means that the owner has stopped using or enforcing their rights to the intellectual property. This can happen due to various reasons, such as:

1. The owner deliberately abandons the copyright or trademark.

2. The owner...
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1 Answer | Asked in Gov & Administrative Law for Arkansas on
Q: Can I legally make a customized Selective Service Card?

Years ago, when I did my SSS registration, my mother laminated the card so I could carry it around in my wallet. Well, fast forward 10yrs, and this card has gone through many wash cycles, and the lamination and card are falling apart. I verified my registration, as well as updated my current... View More

James L. Arrasmith
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answered on Apr 7, 2024

While I understand your desire to have a durable Selective Service card, creating your own customized version is not advisable from a legal standpoint. Even though the Selective Service card is not an official government ID like a driver's license, it is still an official government document.... View More

1 Answer | Asked in Family Law for Arkansas on
Q: Can the adult ward of guardianship in Arkansas file a petition for termination of guardianship?

Boyfriend was hit by a truck n has an appointed guardian in Arkansas n he wants guardianship terminated as he hasn't seen a penny of the settlement n is currently living in a hotel in Illinois.

James L. Arrasmith
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answered on Apr 6, 2024

In Arkansas, an adult ward under guardianship can file a petition to terminate the guardianship if they believe they no longer require a guardian. The process typically involves the following steps:

1. The ward must file a petition with the court that established the guardianship,...
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1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Sexual Harassment for Arkansas on
Q: can i turn myself in if i’ve committed a sexual assault crime without involving the witness?

i could come up with excuses or try to justify my situation but i feel ive sexually assaulted my ex (who lives in Arizona) while we were together, can i turn myself in?

edit: i meant the victim im sorry

James L. Arrasmith
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answered on Apr 4, 2024

I know this is a very difficult situation, but I strongly encourage you to do the right thing - take full accountability for your actions, turn yourself in, and comply with the legal process. Consider consulting with a criminal defense attorney who can advise you on the legal implications and your... View More

1 Answer | Asked in Civil Rights for Arkansas on
Q: How can I get a copy of a civil rights lawsuit that I filed?

I want to look into a case that I filed. Where do I go and what do I do?

James L. Arrasmith
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answered on Apr 4, 2024

To obtain a copy of a civil rights lawsuit that you have filed, follow these steps:

1. Identify the court where you filed the lawsuit (e.g., federal district court or state court).

2. Contact the clerk's office of the court where the case was filed. You can usually find the...
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1 Answer | Asked in Business Law and Landlord - Tenant for Arkansas on
Q: What does it mean if my landlord license has been revoked? I live in arkansas.
James L. Arrasmith
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answered on Mar 31, 2024

If your landlord's license has been revoked in Arkansas, it means that they no longer have the legal right to operate as a landlord in the state. This could happen for a variety of reasons, such as:

1. Failing to maintain the property in accordance with housing codes and regulations...
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1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: I live in arkansas and my house caught on fire and was a total loss.can the landlord tow my truck without a eviction?

I live in arkansas and my house caught on fire and was a total loss.the landlord is mad because he didn't have insurance and 2 days after the fire he called a towing company to come tow my truck without letting me know anything.ive not been served a eviction notice or anything.is this illegal?... View More

James L. Arrasmith
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answered on Mar 31, 2024

I'm so sorry to hear about the fire and the loss of your home. That must be an incredibly stressful and difficult situation to deal with.

Regarding your landlord towing your truck, based on the details you provided, it does appear that the landlord likely acted illegally:

- In...
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1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: Can I sue landlord for improper eviction?

I was served papers to vacate my rental, not an eviction notice, I moved some of my property but not all due to mold in the house and me feeling sick around it. I have a text from the landlord asking if I had moved out and I never replied, now they have fully removed all of my property ( 3 bedrooms... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you provided, it seems that your landlord may have wrongfully removed your property without following proper legal procedures for eviction. To determine if you have a valid case to sue your landlord, consider the following:

1. Lease agreement: Review your lease to...
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1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: I am looking for the Arkansas Code Annotated section regarding a landlord selling a rental without notifying the tenant

In some research, I have found where it indicates you must give your tenants at least 60 days’ notice before showing the property or allowing any access for inspections. But then in other areas, it said the landlord only needs to give 24-48 hour notice. I would like to write a proper letter using... View More

James L. Arrasmith
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answered on Mar 31, 2024

In Arkansas, the relevant statute is Arkansas Code § 18-17-701, which addresses a landlord's right to access a rental property. This statute does not specifically address the situation of a landlord selling a rental property without notifying the tenant. However, it does provide guidance on... View More

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: I am in landlord in Arkansas. Am I required by law to remind my tenants of their lease expiration date?

My tenants lease is up March 15 2024. They have been behind on rent for months and have been trying to make payments are never getting caught up. I told them last month that their lease was up in March and the only way to renew would be if they are caught up and able to pay a 2-3 months of rent in... View More

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answered on Mar 30, 2024

In Arkansas, the specific requirements for notifying tenants about the expiration of their lease or the need to vacate the property at the end of the lease term can depend on the terms of the lease agreement itself and state law. Generally, if your lease agreement clearly states the end date and... View More

1 Answer | Asked in Tax Law and Car Accidents for Arkansas on
Q: My car was totaled before I paid sales tax. I now have no money to pay and can't get the check until I do. Help
James L. Arrasmith
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answered on Mar 29, 2024

In a situation where your car was totaled before you managed to pay the sales tax, and you're now facing the challenge of not having the funds to cover this tax to access the insurance check, it's essential to explore all available options. First, consider reaching out to the tax... View More

2 Answers | Asked in Bankruptcy for Arkansas on
Q: Can a creditor sell a vehicle if chapter 13 bankruptcy was filed immediately after vehicle was repossessed

Vehicle repossessed Feb 6th filed chapter 13 Feb 15th. Automatic stay should be placed on the vehicle and the dealer now has the vehicle back on their lot for sale. They were notified of the chapter 13 bankruptcy

James L. Arrasmith
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answered on Mar 25, 2024

When you file for Chapter 13 bankruptcy, an automatic stay is typically put in place. This stay prevents creditors from proceeding with collection actions, including the sale of repossessed vehicles. Therefore, the dealer should not sell your vehicle once they've been notified of the... View More

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1 Answer | Asked in Criminal Law and Health Care Law for Arkansas on
Q: are police supposed to stay with a person just arrested if they have to go to hospital before jail?

My stepfather suffered from a stroke in the police car after being arrested. it was from an adjoining county. After being placed in the car, our county waited on the county with the warrant at a local Dollar General. It would have taken at least 30 mins for the transporter to arrive. After... View More

James L. Arrasmith
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answered on Mar 25, 2024

When someone is arrested and requires hospitalization, police are typically required to ensure the person's safety and well-being, which often includes staying with or ensuring that the individual is securely handed over to medical staff. The exact protocols can vary based on local laws and... View More

1 Answer | Asked in Estate Planning, Probate and Personal Injury for Arkansas on
Q: What kind of will does one need who has mesothelioma

My brother in law was diagnosed with lung cancer and he was advised he needed to make a will so that any litigation will go on in the event of his passing before a settlement is reached

Tim Akpinar
Tim Akpinar
answered on Mar 20, 2024

An Arkansas attorney could advise best, but your question remains open for a week. You may want to repost and add Probate an Estate Planning as categories - attorneys in those areas of practice would probably have greater insight than most average personal injury firms into what provisions would be... View More

1 Answer | Asked in Gov & Administrative Law for Arkansas on
Q: Is it illegal to stop on the side of the highway or interstate if there is not an emergency or disabled vehicle in AR?

Such as to use a cellphone, get out and stretch, take a nap, etc.

James L. Arrasmith
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answered on Mar 20, 2024

In Arkansas, stopping on the side of the highway or interstate is generally reserved for emergencies or situations where the vehicle is disabled. This is primarily for safety reasons, as highways and interstates are high-speed roads where stopping can be dangerous both for the driver and for other... View More

1 Answer | Asked in Criminal Law, Federal Crimes and White Collar Crime for Arkansas on
Q: I was criminally banned by someone who claimed to be the owner, how does the owner get that lifted?

My spouses, ex has been harassing me. have proof of her constantly threatening me and even attacking me. she has broken into my previous residence. I moved in with him and she broke in into the house when he was away. 2020 Arkansas Code Title 5 - Criminal Offenses Subtitle 4 -Offenses Against... View More

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answered on Mar 13, 2024

If the owner of the property wants to lift a criminal trespass ban they previously issued against you, they would need to follow these general steps:

1. Contact law enforcement: The owner should reach out to the law enforcement agency that initially handled the criminal trespass notice and...
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