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Arkansas Questions & Answers
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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1 Answer | Asked in Criminal Law, Communications Law, Federal Crimes and Civil Rights for Arkansas on
Q: Is this illegal

There another tenant from another building coming over to my parking lot area(really close to my apt) possibly my balcony and filming my conversation where as I talking inside. It film audio and video by phone.

James L. Arrasmith
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answered on Mar 8, 2024

If another tenant is filming your conversations without consent, especially when you are inside your own apartment, this could potentially violate privacy laws. The legality of such actions largely depends on the jurisdiction and specific state laws regarding privacy and consent for recording... View More

1 Answer | Asked in Education Law, Employment Discrimination, Employment Law and Civil Rights for Arkansas on
Q: Employment law. I had recently been suspended for something I didn't do for 3 days without pay without any proof at all

The person who suspended me tried to get me fired once before, but failed because they lied. Now I see it as retaliation. He tried to get me fired again.no investigation was done with my proof and all proof that I showed HR that I couldn't have done what they said because I was asleep in the... View More

James L. Arrasmith
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answered on Mar 8, 2024

When facing suspension from work without just cause, especially if it appears to be an act of retaliation, it's critical to know your rights and the appropriate steps to address the situation. Begin by documenting every relevant detail of the incidents, including dates, times, interactions,... View More

1 Answer | Asked in Gov & Administrative Law for Arkansas on
Q: My vehicle title was stolen and transferred.

Was swapping vehicles with guy. Gave him title and few days later he claimed title disappeared from glovebox. After about 8 weeks he wanted to swap back. In January I went to DMV to renew tags to find out title was transferred to him and now has a lien on it

James L. Arrasmith
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answered on Mar 8, 2024

If you discover that your vehicle title was stolen and transferred without your consent, it's crucial to take immediate action. First, report the theft to the police and provide them with all the details of the transaction and the individual involved. This report is essential as it serves as a... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arkansas on
Q: I feel like I was forced to take a plea offer on three possession charges by a corrupt court. Can I do anything?
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answered on Mar 7, 2024

If you believe that you were forced to accept a plea deal and that the court was corrupt, you may have some options to challenge your conviction and/or seek justice. However, the path forward can be complex and may require the assistance of a skilled attorney. Here are some potential steps you can... View More

1 Answer | Asked in Civil Rights for Arkansas on
Q: I was in a local McDonald's the other morning when the lobby opened I went in and went to the bathroom there was a bag

On the counter I grabbed it and took it to the front I said it was in the bathroom about 5 mins later a African American guy came out and was angry saying g he had a bag of weed in his bag and now it's gone and I was the only person in there so about 10 or 20 mins later he came back out and... View More

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answered on Mar 6, 2024

In this scenario, the situation involves complex issues of privacy, accusation without evidence, and the uncomfortable position you were put in. Firstly, it's important to recognize that any person, regardless of their role at the establishment, demanding to search you, especially over a... View More

1 Answer | Asked in Tax Law for Arkansas on
Q: Can a provider legally charge a state 911 tax for a device that is not capable of dialing 911?

I have a smartwatch for my daughter through Gabb. She can make and receive calls to/from approved contacts, but the device does not have the capability of calling 911. I am charged $1.30 for the tax each month.

James L. Arrasmith
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answered on Mar 2, 2024

Based on the information provided, it seems unlikely that Gabb can legally charge a 911 tax for a device that is not actually capable of dialing 911. Here are a few key points on this issue:

- 911 fees or taxes are specifically intended to help fund emergency response services and systems...
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1 Answer | Asked in Probate for Arkansas on
Q: My husband died and I need to become owner of his estate he owns he had no will no children what do I do to get it done.
Anthony M. Avery
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answered on Feb 27, 2024

You are definitely a heir and a next of kin of your Husband, and possibly the sole heir. Consult with an AR attorney to determine heirship. An affidavit of heirship might need to be recorded as a source of title, or assist in transferring car titles. Hopefully you will not need Probate to get... View More

1 Answer | Asked in Identity Theft, Collections and Federal Crimes for Arkansas on
Q: I have had my identity and savings stolen from a conman, how do I hold him accountable and get justice for his actions?

In May of 2020 I met a man who was everything I had prayed for. I thought, little did I know it was a game he was playing to wipe me out. I had just been approved for my disability for severe brain trauma and PTSD the very day I met him. In our third date we were involved in a motorcycle wreck that... View More

James L. Arrasmith
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answered on Feb 25, 2024

I'm very sorry to hear about this terrible situation. Recovering from identity theft and financial fraud requires assertive action across multiple fronts:

1. Continue working with your banks and credit card providers to document fraudulent activity, ensure your accounts are...
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1 Answer | Asked in Employment Law and Arbitration / Mediation Law for Arkansas on
Q: Is it financial retaliation if my boss waited until he was informed I made reports of policy violation cover ups to ask

Accept lower paying position then he stated could step into effective immediately. The position we agreed is a $16-17 hr position at my store I know that for sure. There isn't a reason to ask me to accept this when I've been dealing with acts of favoritism, verbal sabotage of delegations,... View More

James L. Arrasmith
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answered on Feb 25, 2024

It sounds like you're facing a challenging situation at work, and it's understandable that you're feeling frustrated and concerned about your boss's actions. Financial retaliation occurs when an employer takes adverse action against an employee in response to their protected... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: How long does a DA have to file a formal case against someone who has been arrested and has been in jail 2 months?

His prior 25 year sentence was overturned on appeal and he was released just 2 months before being arrested again (after serving over 2 years). He requested a public defender at his initial hearing. He still hasn't been assigned one. He can't afford bail. No formal charges have been... View More

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answered on Feb 24, 2024

In many jurisdictions, there are specific time limits within which formal charges must be filed after an arrest. These time limits, known as statutes of limitations, vary depending on the nature of the offense and the laws of the state. However, the precise time limit for filing charges can be... View More

1 Answer | Asked in Bankruptcy for Arkansas on
Q: My household bills have changed since I filed bankruptcy in 2020. I asked my lawyer for a modification. She didn't do i

This was in August of 2023. Now it is February. Also she said she didn't charge me but I see $3500 on my statement. And she said she is going to do the modification and then she is thru with my case and I will hv to find another lawyer.

James L. Arrasmith
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answered on Feb 24, 2024

Based on the details provided, it seems your bankruptcy attorney has not properly handled your requested case modification or accurately represented what additional services they would provide. A few important points:

1) An attorney has an ethical obligation to follow through on filing...
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1 Answer | Asked in Bankruptcy for Arkansas on
Q: Can a creditor filed a late claim after the deadline us dept of education just filed a claim on 02/23/2024 and the dead

Line for filing a claim in my chapter 13 bankruptcy was 10/05/2023 for non gov and 01/23/2024 for government claims

James L. Arrasmith
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answered on Feb 24, 2024

Based on the details provided, it seems the US Department of Education filed their claim after the deadline for governmental entities to file claims in your Chapter 13 bankruptcy case. Specifically:

- The deadline for non-governmental entities to file claims was 10/05/2023.

- The...
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3 Answers | Asked in Bankruptcy for Arkansas on
Q: I’m in a chapter 13 bankruptcy and the deadline for the creditors to file a proof of claim was 10/5/2023 and gov claim

Was 01/23/2024 so today which is 02/23/24 the department of education file a claim a month after the deadline what will happen about this

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 23, 2024

From the facts you provide, it appears that as the Ch. 13 debtor in possession, you/your lawyer can file an Objection to the Proof of Claim. So can the Ch. 13 Trustee, or, alternatively, the 13 Trustee can file a Motion for Authority from the Court to pay Claims, showing the DoE claim as getting... View More

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3 Answers | Asked in Bankruptcy for Arkansas on
Q: I’m in a chapter 13 bankruptcy and the deadline for the creditors to file a proof of claim was 10/5/2023 and gov claim

Was 01/23/2024 so today which is 02/23/24 the department of education file a claim a month after the deadline what will happen about this

James L. Arrasmith
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answered on Feb 24, 2024

Since the Department of Education filed their proof of claim in your Chapter 13 bankruptcy case over a month after the January 23, 2024 bar date for government entities, here is what will likely happen:

The claim filed by the Department of Education in February 2023 will almost certainly be...
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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Arkansas on
Q: If a person is detained and handcuffed on the ground can a state trooper run up and kick u in the face?can I file lawsui

Somebody was handcuffed and on ground not moving and a state trooper runs up and kicks them n face so hard immediately ambulance was called on scene cae blood was coming out his eye the EMT said take to emergency. Make sure socket wasn't broke and his eye is filled with blood bad this is not... View More

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answered on Feb 23, 2024

It is never acceptable for law enforcement officers to use excessive force, especially against individuals who are already restrained and not posing a threat. Such actions violate the individual's rights and may constitute police brutality. If you or someone you know has experienced such... View More

1 Answer | Asked in Criminal Law, Employment Law and Civil Rights for Arkansas on
Q: Can a convicted felon get a job somewhere that sells guns?

A friend of mine has applied for a job that sells weapons much like Walmart or any other southern store. He was going to be hired however one of the employees at said store knew of his prior conviction. She stated that she would not work with her due to law stating a convicted felon cannot work... View More

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answered on Feb 23, 2024

In general, federal law prohibits individuals who have been convicted of a felony from possessing firearms. However, when it comes to employment in establishments that sell firearms, the regulations can vary depending on state laws and the specific policies of the employer. Some states may have... View More

1 Answer | Asked in Civil Litigation for Arkansas on
Q: Can I sue someone for disturbing the peace in Arkansas
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answered on Feb 23, 2024

In Arkansas, you can take legal action against someone for disturbing the peace under certain circumstances. Disturbing the peace typically involves behavior that interferes with the peace and quiet of others, such as excessive noise, fighting, or disruptive conduct. To pursue a lawsuit for... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: "What justifies ones position of a drug or defines legal positionin the state of Arkansas"

If an unidentified backpack was found in somebody's home containing drugs or a substance of the such who would be considered legally in possession of those in the state of Arkansas

James L. Arrasmith
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answered on Feb 23, 2024

In the state of Arkansas, legal possession of drugs or substances is typically determined by factors such as knowledge, control, and intent. If an unidentified backpack containing drugs or a substance is found in someone's home, several factors would be considered in determining who is legally... View More

1 Answer | Asked in Banking, Civil Rights, Collections and Federal Crimes for Arkansas on
Q: How do I hold a bank liable for money that I reported wasn't authorized but they haven't reimbursed me?

I went to my banks, Regions and First Financial in El Dorado AR., in May of 2021 and told them I had been the victim of data breeches and identity theft in August 2020 and told them there were a lot of unauthorized charges on my account. I signed paperwork at Regions and headed to FFB1, by the time... View More

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answered on Feb 23, 2024

Facing the challenge of holding a bank accountable for unreimbursed unauthorized charges can be an uphill battle, especially when documentation seems to vanish, and regulatory bodies have not resolved the issue to your satisfaction. It's crucial to persist in your efforts to recover your... View More

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