Basically I got In a wreck a while back (was not at fault) and bought an insurance claim right after I got out of the car. The insurance investigator asked and I lied and said it was before. No money was ever given to me nor was the car fixed and I was making a statement that I wasn't trying... Read more »
I don't know if I completely understand the facts of your case. However, that alone is a reason for you to have an attorney. That is, to help you communicate with the prosecutor as well as the court.
Plead not guilty and advise the court that you cannot afford an attorney. You are... Read more »
I believe that the short answer is yes.
There may be several reasons that a lawyer should not act in both capacities. But, without additional facts, I see no clear ethical prohibition.
Also, I am presuming that you are not asking about a situation in which a lawyer would wear both... Read more »
Felony criminal case, false names of the witness and the offended person on the investigation report and the cover sheet. The witness statement begins, "I (false name) ...
The names are close but not accurate. Does defense counsel have anything actionable on this or is it... Read more »
Complete accuracy on those documents is likely harmless. An intentional false report is another matter.
they're still legally married. no papers have been filled. she wants full custody and my brother said no. we're just up visiting and she knows it. he still has contact and let's her know everything. she says she'll call the cops cuz she wants her back. will he be in trouble
If nothing has been filed-no formal proceedings commenced, they are simply parents of children and are on equal footing. They are charged with caring for those children under Arkansas Law.
Yes. However, you may be able to simply get reinstated. It depends on a number of variables and the basis for revocation proceedings.
Yes. You can always dispute alleged grounds for divorce. The party that asserts grounds for and seeks a divorce or other relief bears the burden of proof. However, you must timely answer, in writing, denying that grounds or a particular ground exists or you may waive your right to contest the... Read more »
This doesn't seem to be a question. However, be mindful that medical negligence causes have a short statute of limitations and most lawyers are unable to commit to a case until a good bit of investigation is done. So talk to an attorney and pursue your case as soon as you can.
I have received my motions of discovery. My name is xxx. And that has been correct for most of the documents. But randomly xxx pops up. Even stating that "xxx is the biological father of [child name]". There is also supposed to be a physical description of me but it's to vague and... Read more »
Generally, the answer is no. Unless there is a genuine issue as to the identity of an individual in a report, document, etc., the misspelling or incorrect use of a name is considered a misnomer and will not affect the use of the documents or the outcome of a case.
My sister got in trouble for something and police arrested but but as they did they didn’t read her rights at all. She got them read to her the first time a day and a half later at her bond hearing. What happens to the stuff they have on her and the charges?
Miranda Rights are only required when a person is in custody (not free to leave) and is being interrogated by law enforcement. The typical remedy for a Miranda violation is prohibiting the government from using statements made by a defendant against her in a trial or court proceeding.
I am the biological mother and defendant is not but on the birth certificate. She has a no contact order for slapping child across the face at 17 months old
Yes. However, the Judge will still be guided by "the best interests of the child(ren)."
That is, a court what is best for the kids regardless of a default by a parent.
No. It depends upon what act you were sentenced under. There is a statute that one may be sentenced under that, in theory, does not amount to a judgment and, therefore, when one satisfies the conditions of the sentence it is dismissed. This is not used in most cases but it is used in drug courts... Read more »
I am getting married this summer and have been working 25 years at a job that gives me a pension when I retire. Would my ex get half of it if we divorced?
Your "ex" would be entitled to a prorated 1/2 from the time of your marriage until the time of your divorce. That portion of your retirement fund would be "marital property."
A prenuptial agreement might protect those funds.
Yes, Arkansas has such laws. The primary focus is upon the disparity of earning power between divorcing spouses. There are several other factors a Court will consider as well. Fault is NOT one of those factors.
I do not believe that it would be wise to do so without getting the advice of an attorney who is fully aware of the facts of your husband's case. The accused has a right to remain silent. You are not obliged to possibly prejudice his case.
A person my girlfriend is afraid of is in Pulaski county I was wondering what Arkansas act 3 2768 is about
A motion for an "Act 3" review is a request that a person charged with an offense is interviewed by a mental health professional to determine if the person charged is mentally fit to proceed in a criminal case.
His mom is very ill... he violated restraining order and is currently incarcerated in brickey jail
Once the State has charged a citizen with a crime, it is the State that has the power to dismiss the charge or, of course, the court for various reasons. The "victim" cannot dictate that a charge be dismissed but may persuade a prosecutor to dismiss a case. Many prosecutors do not like to... Read more »
Can a police officer have a no contact order with him when investigating a domestic violence report and can he arrest a person and make them sign the order before he incsrcerates. And have the judge signed the order before he books the defendant?
If I understand our statement of facts correctly, the answer is no.
There may be other grounds for an arrest but not for an order that did not exist at the time of the allegedly offending behavior.
No. This is not a "sure sign" of neglect but it is a sign to watch for other things that suggest neglect. That is: first, listen to your Father (if he is able to communicate); next, watch for bruises, weight loss and generally signs of abuse; finally, increasing bed sores, infection(s)... Read more »
I have 2 traffic violations in 2 cities with failure to appears stacked on them now. The reason i didnt pay was because i was termonated from my employer now I have multiple fta's in both city and arrest warrants. I just wanna restart!!
You need to have an attorney arrange for you to appear in each Court and surrender on the warrants. You may be able to set up a time pay if you are guilty of the underlying offense and plead guilty to them.
If you get stopped by police you may be detained with those warrants outstanding.
And 14 counts of fraudulent use of credit/debut card $100 in 6 months and 2 counts of theft by receiving $2500 or more what kind of sentence is she facing and will she b ordered not to leave the state. And will her bond b high since she is from Louisiana with no ties in Arkansas all felony charges
I would not venture a guess as to your friends exposure to incarceration without more facts. However, theft by receiving greater than $2,500 value is a class D felony generally. It has a potential for imprisonment for 0-5 years and/or a $10,000 fine.
If she makes bond several factors may... Read more »
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