Lawyers, Answer Questions  & Get Points Log In
Questions Answered by W. Whitfield Hyman
1 Answer | Asked in Criminal Law and Constitutional Law for Arkansas on
Q: In Arkansas is it legal to walk around in public with a sword that's sheathed?

I know in Arkansas you can carry any sized knife concealed or open carry as long as you don't have any intent to harm anyone. Does this work for swords too?

W. Whitfield Hyman
W. Whitfield Hyman
answered on Dec 5, 2020

Yes

1 Answer | Asked in Criminal Law for Arkansas on
Q: May an Arkansas resident own an NFA registered machine gun in Arkansas?
W. Whitfield Hyman
W. Whitfield Hyman
answered on Dec 2, 2020

Yes

1 Answer | Asked in DUI / DWI for Arkansas on
Q: Got dwi without sobriety test,went to jail but not for dwi but for being mouthy. Can I be charged with dwi
W. Whitfield Hyman
W. Whitfield Hyman
answered on Dec 2, 2020

Yes, but the real question is, can you be convicted?

1 Answer | Asked in Civil Rights for Arkansas on
Q: Why is it so difficult to find an attorney who practices Police Misconduct area?

I have been hunting one down for well over a year now and can't seem to find anyone who wants to get involved. I am disabled and was involved in a 1 car MVA (hubby was driving)out of my State, SOL expires 12/23/20. Trooper is in audio and video as last person in possession of my medical... View More

W. Whitfield Hyman
W. Whitfield Hyman
answered on Dec 1, 2020

In order to sue a police officer you have to usually prove that somebody has successfully sued over an extremely similar issue in the past. Which is difficult because it means the first person to sue over a unique issue will usually not recover any money.

Did this happen in Arkansas or Oklahoma?

1 Answer | Asked in Civil Rights for Arkansas on
Q: Can you sue a county, it’s prosecuting attorney, or the police department?

My husband was arrested and taken to the police station for booking/questioning. He told them that they had the wrong person, after reading the warrant, explaining again that they wanted his father, not him, they got a positive ID that my husband wasn’t the right person.... he was arrested in the... View More

W. Whitfield Hyman
W. Whitfield Hyman
answered on Nov 8, 2020

When was he arrested? If it was 8 years ago that is probably too long ago. He can get the arrest sealed.

1 Answer | Asked in Criminal Law for Arkansas on
Q: My question is can a guilty plea be overturned because the person felt that he was forced to take a guilty plea

My son was charged with third degree to sexual assault on his neice the attorney he had at the time they fired her my son has been in there 7 years now and my granddaughter which is his niece has told a new family member that her mother force her lie about her uncle that if she didn't her... View More

W. Whitfield Hyman
W. Whitfield Hyman
answered on Sep 25, 2020

Yes it is possible. It is best if you learned about this stuff after the plea, call attorney Michael Kaiser in Little Rock he does this kind of work.

1 Answer | Asked in Constitutional Law for Arkansas on
Q: Is Arkansas a constitutional carry state?
W. Whitfield Hyman
W. Whitfield Hyman
answered on Jul 13, 2020

Under state law you can carry concealed with or without a license in all but government owned places.

For all the caveats, see this blog:

http://www.arkansaslawking.com/where-can-you-carry-a-gun-in-arkansas/

But there have been two court cases since this blog and the...
View More

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Arkansas on
Q: Does state of Arkansas follow federal law concerning felon in possession of pre-1899/antique muzzleloading firearms.

I was wondering if the state of Arkansas follows federal law concerning felon in possession of antique/pre-1899 muzzleloading firearms. I know that federal law does not prohibit us from using/possessing these types of firearms. I am unsure if the state has any Laws regarding them, and if they do,... View More

W. Whitfield Hyman
W. Whitfield Hyman
answered on Jun 29, 2020

You can't possess those in Arkansas as a felon, but air rifles are probably legal.

You can get a pardon from the governor if the conviction was in Arkansas.

2 Answers | Asked in Criminal Law for Arkansas on
Q: I was arrested 7-5-17 my latest trial date now is 10-27-20 ]more than 3 years after my arrest do I need a accountant
W. Whitfield Hyman
W. Whitfield Hyman
answered on May 23, 2020

There might be a speedy trial issue but it depends on whether or not the judge has been taking the time.

View More Answers

1 Answer | Asked in Civil Rights for Arkansas on
Q: How is freedom of speech disorderly conduct?

I called an Indian man racist

W. Whitfield Hyman
W. Whitfield Hyman
answered on May 19, 2020

If that's all you did, it wasn't. If you were arrested because of that or charges, you've got a lawsuit.

1 Answer | Asked in Criminal Law for Arkansas on
Q: Is the legal effect of old criminal expungement law still valid from 2007, although it was completely replaced in 2014?

I have a class D felony expunged in Arkansas. The conviction is from 1996 and the order to seal was issued in 2007. At that time in 2007 all civil rights including the right to possess firearms, were part of the expungement effect. However as of 2014 the law was repealed and under the new law,... View More

W. Whitfield Hyman
W. Whitfield Hyman
answered on May 5, 2020

The new law won't impact your old expungement. You should check with ACIC (Arkansas Criminal Information Center) to see if you have your firearm rights.

1 Answer | Asked in Constitutional Law and Criminal Law for Arkansas on
Q: The police arrested my friend for having a handgun in his pocket. Isn’t Arkansas a permitless carry state taff v state?
W. Whitfield Hyman
W. Whitfield Hyman
answered on Mar 5, 2020

Yes and another case came down Thursday confirming that again. These police officers broke the law and your friend could probably sue them. I defend these cases and sue over constitutional violations, another attorney and I just won this case:

See:...
View More

1 Answer | Asked in Criminal Law, Admiralty / Maritime and Constitutional Law for Arkansas on
Q: How do I obtain the status of sort of which has no implied obligation and has immunity without recourse of said entity?

How to make claim of status as a free man and only acting agent of said entity

W. Whitfield Hyman
W. Whitfield Hyman
answered on Dec 30, 2019

This is sovereign citizen nonsense. Do yourself a favor and forget it and move on.

1 Answer | Asked in Civil Rights and Constitutional Law for Arkansas on
Q: I know someone in the state of Arkansas doing tattoos out of her house. I have LOTS of pictures for proof

Also has a 10 year old daughter living with her. What are the penalties?

W. Whitfield Hyman
W. Whitfield Hyman
answered on Dec 23, 2019

I hope you don't turn them in because that is such a dumb law. I don't know what the penalties are, probably a small fine.

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can i fight my legal case from overseas?

i was arested june 2019 for "possesion of drug paraphernalia", in total panic i fled back to my wife an children who live overseas.

now i know this added fled charges, im not a dangerous criminal, just been in a bad place for a bit, ive straightend up, live, work and stay out of... View More

W. Whitfield Hyman
W. Whitfield Hyman
answered on Nov 22, 2019

Is it a feeling or misdemeanor? Maybe if it is a misdemeanor you can hire an attorney to take care of it.

If it is a felony, you have to come back.

1 Answer | Asked in Criminal Law for Arkansas on
Q: I have criminal mischief , battery 3 rd degree and disorderly conduct . I am a lpn will I loose my nursing liscense
W. Whitfield Hyman
W. Whitfield Hyman
answered on Jun 27, 2019

That's unclear. You should try to fight the charges. You might be able to get the charges reduced even if you are guilty of everything.

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: I was charged with a felony by my girlfriends son who told me before that I better watch my back. is that a conflict of

should the case be dropped

W. Whitfield Hyman
W. Whitfield Hyman
answered on Jun 9, 2019

Your girlfriend's son does not have the power to charge you with a felony and he did not do so.

The police and the prosecutor are the only ones with that power. Your gf's son complained to them, and they charged you.

If it is a conflict of interest, I'm sure the judge...
View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: My friend lives with someone . Borrows his car daily , even has the spare key

Person gets upset with friend and reports his vehicle stolen , is this theft by receiving charge ? Or any charge at all

W. Whitfield Hyman
W. Whitfield Hyman
answered on Jun 7, 2019

If they were given permission then it would not be a crime. If permission was revoked and communicated to the person borrowing the car that is an unauthorized use charge or a theft of property charge based on the circumstances.

1 Answer | Asked in Criminal Law for Arkansas on
Q: If visiting someone else's home and not answering the door for police obstruction of government operation?

Was recently visiting a friend home when police came to arrest him. My friend ordered me to be quiet and to not answer the door.when please got the door open they charge me with obstructing goverment operation? With it not being my home and me instructed by the home owner not to open the door... View More

W. Whitfield Hyman
W. Whitfield Hyman
answered on Jun 6, 2019

Sounds like you're should fight this and sue the officers later.

1 Answer | Asked in Criminal Law for Arkansas on
Q: If I am on driving probation with a careless or prohibited driving go against that.

I was put on 6 months probation after speeding ticket. I went around a barricade to see where the flooding water had gotten to. Officer gave me a careless prohibited driving

W. Whitfield Hyman
W. Whitfield Hyman
answered on May 27, 2019

Yes, an attorney may be able to still help you keep both off your record though.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.