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Arkansas Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Arkansas on
Q: How do I get a no contact order lifted ( I'm the victim)& am I subject to punishment if I contact the defendant??

He was arrested on 3rd degree assault on a family member ( me)

Richard Lane Hughes
Richard Lane Hughes
answered on May 21, 2022

You should contact the accused's lawyer. Court action is required to set aside the no contact order. Usually, a judge will recall or set aside the order if the alleged victim requests that action. Many judges require some statement in open court from the alleged victim requesting that the... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: What do I do if I have been charged with misdemeanor theft of property an can't afford a attorney
Richard Lane Hughes
Richard Lane Hughes
answered on May 19, 2022

You should contact the public defender assigned to the court in which you are charged. Do that now. You will be asked some questions about income and assets to assure that you qualify for appointment of counsel. An interview with the defender prior to your court date will allow that attorney an... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: A friend loaned me there vehicle when I did not return it after 3 days the cops were called and I even had there keys
Richard Lane Hughes
Richard Lane Hughes
answered on May 18, 2022

When you are loaned property it is considered to be granting you a license to use the property. This license has limits. That distinguishes a loan from a gift. The rightful owner may cancel the license or loan. The fact that one possesses the property initially with the owner's permission does... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can I be charged with shoplifting if I never left the store?
Richard Lane Hughes
Richard Lane Hughes
answered on May 18, 2022

Yes. Concealing of merchandise while inside the store is sufficient to be charged with the offense. However, there may be a circumstance where "concealing" the merchandise was inadvertent or unknown to the accused. In that case, an accused may not have formed the requisite criminal intent... Read more »

1 Answer | Asked in Traffic Tickets for Arkansas on
Q: Can you make a left turn into a businesses parking lot when there is a line of traffic at a stop light??
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 10, 2022

Not enough context is in the post, but the answer of whether or not you can is yes. But there's more to your situation than what you have stated in your post.

1 Answer | Asked in Probate for Arkansas on
Q: I have had a separate maintenance agreement with my husband since 2007. When he dies what are my responsibilities?
Anthony M. Avery
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Anthony M. Avery
answered on Apr 26, 2022

If he dies with you still being his spouse, then you are a Heir and Next of Kin. No responsibilities, just rights as the surviving spouse.

1 Answer | Asked in Libel & Slander, Personal Injury and Civil Rights for Arkansas on
Q: am i entitled to compensation for being held in jail until trial charged with capital murder facing death penalty

& life without. happen 2017 released 2018 after trial.. lost everything paying lawyer, phone calls to parents & kids every other day, commissary etc. my life has not been the same.

W. Whitfield Hyman
W. Whitfield Hyman
answered on Apr 24, 2022

Possibly but the statute of limitations on lawsuits like that is typically 3 years. I’m unaware of a way to sue in Arkansas for something like this beyond the three year point. I’m not saying you can’t, I’m just saying I’m not aware of a way to do it. This is not legal advice you need to... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: I was convicted of a felony at age 18. I am now 39 is there any way to get it off of my record?

It’s a Y felony

W. Whitfield Hyman
W. Whitfield Hyman
answered on Apr 17, 2022

You can try to get a Governor’s Pardon. I charge $2,000.

1 Answer | Asked in Criminal Law for Arkansas on
Q: For possession on delivery of meth. With hx of probation violation. Will he be able to bond out. Should we get a lawyer

My bf has charges of possession controlled substance, possession on delivery, possession meth. He is on probation, but has not reported or paid in over a year. He is set for bond hearing on Monday.

Richard Lane Hughes
Richard Lane Hughes
answered on Apr 17, 2022

He is entitled to have a bond set pursuant to the Arkansas Constitution. The dollar amount of the bond or other conditions are set by the court after considering a number of things that include whether bf is a flight risk. His failure to observe the conditions of his probation will almost certainly... Read more »

1 Answer | Asked in Personal Injury, Health Care Law and Social Security for Arkansas on
Q: Hello I recently was kicked out of my sisters I retrieved everything but clothes and personal files from health records

Other then health records there is legal government and social security documents I’m being denied to is there something I can do to get those back it’s been a month since I been kicked out

Tim Akpinar
Tim Akpinar
answered on Apr 16, 2022

An Arkansas attorney could advise best, but your question remains open for two weeks. I'm sorry for your difficult situation. You could consult with a local attorney about options, but in these types of settings, there's no telling what happens to such records. Your first inexpensive... Read more »

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Arkansas on
Q: How to transfer land title ownership when owner passed 30 yrs prior without will and no probate in Arkansas

Hi my grandmother passed away back in 1993. My father her eldest son moved in her home and lived there for 24-25 yrs until his death in 2014. He never probated property due to being unable to locate her will. However, the whole time he lived on property he did perform upgrades by adding a pond and... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Apr 11, 2022

You will need to hire an attorney to determine Heirship as the Heirs own the land a Tenants In Common. Then an Affidavit of Heirship will need to be recorded. And someone still needs to pay taxes.

1 Answer | Asked in Personal Injury and Car Accidents for Arkansas on
Q: My daughter was in a car accident with a friend while at her ex step dad's they got a lawyer without my consent

My ex and his wife have gotten a lawyer and have taken her to doctors without my consent or knowing, there lawyer hasn't asked nor called me nor has the insurance company they ha e no legal rights to her as I'm her mother and he isn't her bio dad nor step dad I don't know what... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 8, 2022

An Arkansas attorney could advise best, but your question remains open for two weeks. I'm sorry about your daughter's accident. I hope she is okay. There are a number of issues here, some relating to family law. I can only speak for the issues involving personal injury law.... Read more »

1 Answer | Asked in Medical Malpractice for Arkansas on
Q: i had hernia surgery doctor mess up had second surgery to fix mess up can I get damaged by taking to court

first doctor didn't clean bile properly, sewed mesh to my colan and did not tie ends properly second doctor had to put a heavy

duty mesh to correct . now I have a bulge that looks deformed on my stomach

Tim Akpinar
Tim Akpinar
answered on Apr 6, 2022

An Arkansas attorney could advise best, but your post remains open for five weeks. I'm sorry for your ordeal. About your question about whether you could go to court, it will depend upon whether you can demonstrate you suffered damages as a result of a breach of a duty of medical care. That... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: I'm facing felony gun on school property charges what should I expect the plea bargin to be?
W. Whitfield Hyman
W. Whitfield Hyman
answered on Apr 2, 2022

Depends on where it is. However, I wouldn’t be so sure that you were guilty.

Have you read the defenses to having a handgun on school property? They are kind of odd. These aren’t even all of them as I think another one is found outside the statute:

e) It is permissible to...
Read more »

1 Answer | Asked in Family Law, Elder Law and Probate for Arkansas on
Q: Does a financial POA cease after death? If Will created 12 yrs prior to POA anything in POA supercede it

Will was created with a trust to be established and a bank named as trustee due to possible mental capabilities of only child. However full financial POA was given to only child 12 years after said will was created but never introduced to the courts. POA was registered with circuit court clerk... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Apr 1, 2022

It is not possible to give you definitive answers without reviewing the actual instruments to which you refer. Sometimes people mischaracterize documents because they do not understand what they actually are.

As a general rule, however, POAs expire at the death of the principal, and...
Read more »

1 Answer | Asked in Employment Discrimination for Arkansas on
Q: Is my employer allowed to force me to work 85 hours a week or be fired? I work in Arkansas
Chris W. Burks
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Chris W. Burks
answered on Mar 30, 2022

Thanks and there could be a minimum wage or overtime violation for being forced to work that much in Arkansas. It depends on if you are getting an overtime premium payment for hours over 40 in a workweek. It also depends on your rate of pay, or if you are paid a salary

1 Answer | Asked in Insurance Bad Faith for Arkansas on
Q: can my insurance company raise my insurance one year after the accident which wasn't my fault.

another motorist hit my vehicle Jan 01-2021 during the big snow. She was in someone else vehicle she had no insurance information. I filed a report as soon as i returned home. My insurance company fixed both of our vehicle even though the claim was under investigation concerning who was at fault. I... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 26, 2022

An Arkansas attorney could advise best, but your question remains open for two weeks. In general nationwide, raising premiums as a result of accidents is a matter of the carrier's standard operating procedures, the features of the policy used for paying claims, and their discretion. Factors... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Arkansas on
Q: If I am on parole in arkansas and just got a dwi is that going to send me back to prison?
Richard Lane Hughes
Richard Lane Hughes
answered on Mar 23, 2022

That is a question that cannot be answered without knowing all pertinent facts. However, you should know that a DWI does not mean that your parole will be revoked automatically. First, you should report the charge to your parole officer. That is your responsibility. Your PO will likely know about... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for Arkansas on
Q: My husband was in a wreck around 20 years ago. He was represented by an attorney and received a cash settlement for his

Injuries but now 20 years later, the injuries are proving to be even more of a problem. Causing him pain, Dr bills and missed days from work (he has a very active job). Is it possible to go back and see if more compensation is possible or not doable because of the previous settlement. Thank you..... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 22, 2022

An Arkansas attorney could advise best, but your question remains open for two weeks. Unfortunately, this is difficult to do in most accident cases. I'm sorry. Accident cases are generally concluded with a form called a release. In most instances, the release serves to prevent any further... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can i own a gun in Arkansas if i was convicted of a felony 20 years ago in Texas. My charge was non violent.

I completed my parole successfully and have been in no trouble since. I am now 50 years old.

Richard Lane Hughes
Richard Lane Hughes
answered on Mar 19, 2022

You can lawfully own a gun in Arkansas ONLY after you have been conditionally or fully pardoned by the Governor.

The good news is that the Governor or Governor's Office seems to favor a limited pardon in cases like you describe.

I suggest that you contact his office for more information.

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