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Arkansas Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: Must I provide id upon request
W. Whitfield Hyman
W. Whitfield Hyman answered on Jun 23, 2021

Not unless there believe you’re a witness to a crime or have reasonable suspicion to believe you have committed a crime.

1 Answer | Asked in Criminal Law, Insurance Bad Faith and Insurance Defense for Arkansas on
Q: Should I plead guilty or not guilty to insurance fraud? Class D felony first time offender can't afford a attorney

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 »

Richard Lane Hughes
Richard Lane Hughes answered on Jun 19, 2021

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...
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1 Answer | Asked in Immigration Law for Arkansas on
Q: Hi I'm on J1 waiver Job( which is conditional for 3 years). I'm married to us citizen. Can I apply for marriage based GC

during the final year of my waiver or do I have to wait to finish the waiver?

Stephen Arnold Black
Stephen Arnold Black answered on Jun 18, 2021

Depends on what J1 visa you have. Some are subject to the two-year home residence requirements, where you have to return home for a two year period. If you do not have this condition, then most likely you can adjust status after marriage, as you entered the country with legal permission. However as... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can a prosecutor be a public defender in the state of Arkansas?
Richard Lane Hughes
Richard Lane Hughes answered on Jun 18, 2021

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...
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1 Answer | Asked in Business Law, Civil Litigation and Gov & Administrative Law for Arkansas on
Q: what to do when the hearing officer makes false statements in the FINDING OF FACTS.

I have all the proof that he/she stated false facts. I also have the audio recording .

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

You make an appeal. You may think all facts are absolute. But often what we think are "facts" are either a combination of facts and the conclusions we draw from them--and conclusions are always subject to argument.

Even judges have been known to make errors as to what the...
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1 Answer | Asked in Bankruptcy for Arkansas on
Q: Can you file bankruptcy on a home equity line of credit?????
Timothy Denison
Timothy Denison answered on Jun 17, 2021

Yes, but it is likely secured by your home.

2 Answers | Asked in Immigration Law for Arkansas on
Q: It's been almost 7 weeks that I mailed the form I-485, I have not yet received the receipt notice of I-485 though

I am married to a U.S. citizen, It's been almost 7 weeks that I have mailed the form I-485, but I have not yet received the receipt notice of I-485. Is this normal?

Agnes Jury
Agnes Jury answered on Jun 17, 2021

It depends on where you mailed your application but some places are taking 6-8 weeks to send receipt notices. Hopefully you mailed your application with tracking or proof of delivery so you are sure that it got there. If you don't get anything from USCIS within 12 weeks I would recommend... Read more »

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1 Answer | Asked in Employment Law for Arkansas on
Q: My employer owes me back wages for 2020 & 2021 amounting to 43,000.00. How can I collect some or all of this
Chris W. Burks
Chris W. Burks answered on Jun 14, 2021

Thank you and both federal and state law protect employees who are owed wages. Arkansas contract law provides protections for employees who may be owed money under an employment contract.

Also, Arkansas state law reads that if an employee is discharged, the employer is required to pay...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Arkansas on
Q: If I have a warrant from county (a) & have an upcoming court date for county (b) can (b) hold me for(a)2come get me
Joshua W. Bugeja Esq.
Joshua W. Bugeja Esq. answered on Jun 4, 2021

As a general rule of thumb, yes, the court for one county can serve the warrant for the other and arrest you (to allow the transfer). It does make a difference if the warrant was from another state though since many states, including Arkansas, often don't arrest individuals appearing in their... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for Arkansas on
Q: Had about 5 or 6 grams of cannabis & an open liquor bottle. Are either of those proper possessions of crime?

Got pulled over for speeding on high way. Searched the vehicle after I admitted to where the small amount of cannabis was and he charged me with that and the liquor bottle as possessions of crime

Joshua W. Bugeja Esq.
Joshua W. Bugeja Esq. answered on Jun 4, 2021

Arkansas Code Annotated § 5-71-218 specifically addresses the criminal offense of "possession of an open container containing alcohol in a motor vehicle." Since your question doesn't provide enough factual details to compare the situation to the statute, it is difficult to state... Read more »

1 Answer | Asked in Domestic Violence for Arkansas on
Q: Yes I was assualted in clebourn co arkansas they charged him with domestic battery 3 what will they do to him

He is my cousin was letting him stay with me

Joshua W. Bugeja Esq.
Joshua W. Bugeja Esq. answered on Jun 2, 2021

Truthfully, there's no way to say with any level of certainty will happen to your cousin based on the limited information you provided. His criminal history (including whether or not he was on a suspended imposition of sentence for another crime for example, even if it was unrelated both... Read more »

1 Answer | Asked in Family Law for Arkansas on
Q: Can primary custodian keep child away from other parent when they are grounded?
Joshua W. Bugeja Esq.
Joshua W. Bugeja Esq. answered on Jun 2, 2021

Generally speaking, visitation and child punishment are entirely separate issues (though they may seem related). One public policy consideration is that, as a society, we don't want parents effectively penalized due to a child's bad behavior and we don't want child punishment... Read more »

1 Answer | Asked in Domestic Violence for Arkansas on
Q: Can a domestic battery charge be dropped ?

Me and my boyfriend got into a heated argument one night and i was in the closet getting clothes for my younger son. My boyfriend was talking to me asking me why was i getting my son clothes. He walked up to me and grabbed my arm to pull me out the closet to look at him and i tripped and we both... Read more »

Joshua W. Bugeja Esq.
Joshua W. Bugeja Esq. answered on Jun 2, 2021

It is entirely possible that the case(s) will be dropped (referred to by the legal term "nole prossed"). This often occurs when the alleged victim is uncooperative, there is a "mutual combat" situation, and/or other factors are considered (such as a medical diagnosis which... Read more »

1 Answer | Asked in Adoption for Arkansas on
Q: So my children’s father has two other kids that have been adopted out in the state of Arkansas. We have two ourselves.

I was informed that if we were to get married that the kids could legally become mines if we go through the adoption process . Can you tell me how that works

Joshua W. Bugeja Esq.
Joshua W. Bugeja Esq. answered on Jun 2, 2021

Your question is unclear. Arkansas has the Revised Uniform Adoption Act and you should start by looking there. Arkansas Code Annotated § 9-9-215 fully explains the "effect of decree of adoption."

Specifically, A.C.A. § 9-9-215(a)(1) states in part that, "Except with...
Read more »

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: In Arkansas any landlord decide to keep my security deposit based off a new tenant stating they smell smoke

Even though I didn't smoke.As well as the landlord herself was at location the day I was moving out I do not believe she came in that day but she was right at the door and she did not smell nothing video as well as my personal keys were accidentally locked inside the unit and when we return to... Read more »

Joshua W. Bugeja Esq.
Joshua W. Bugeja Esq. answered on Jun 2, 2021

Arkansas Code Annotated § 18-16-305 specifically addresses refunds of security deposits. Subsection a(2) specifically requires any damages which are subtracted from the security deposit must be itemized and delivered to you in accordance with the remainder of the statute within 60 days of... Read more »

1 Answer | Asked in Traffic Tickets for Arkansas on
Q: my vehicle got towed from my property after receiving a traffic violation am I responsible for tow fees

Arrested for driving on a suspended private property sign was posted they pushed the vehicle onto the public road out of my yard to load

Peter N. Munsing
Peter N. Munsing answered on Jun 1, 2021

I'm not getting why your vehicle was towed. And from private property. Here's the problem--you can go after the person responsible, but in the meantime your car is sitting racking up storage rates at a lot of dollars per day. I suggest you need to talk to the tow people, be very polite,... Read more »

1 Answer | Asked in Real Estate Law, Tax Law and Probate for Arkansas on
Q: There exists property owned by 2 families. 1 family has never paid taxes. A prospective buyer made an offer to purchase.

Many members of the family who doesn't pay taxes cannot be located. How can this be sold with a clear lien so that the taxpaying family can proceed with the sale? The offer was made in 2020.

Anthony M. Avery
Anthony M. Avery answered on May 26, 2021

You might have to file an Action for a Partition Sale. Hire a competent AR attorney to prosecute this Action which will probably involve some service by publication. The taxes paid might be recovered as contributions, but do not count on it.

1 Answer | Asked in Family Law for Arkansas on
Q: I need to file for grandparents right my son passes away the mother is keeping my grandchildren away out of spit
Dustin A. Duke
Dustin A. Duke answered on May 21, 2021

Do the children live in Arkansas? If so, would you like to schedule a phone consultation?

1 Answer | Asked in Domestic Violence, Criminal Law and Education Law for Arkansas on
Q: Why was I sited for violating a no contact order when I was welcomed back into the supposed victims household?

I stayed with the supposed victim for an extended period of time before openly admitting to law enforcement over phone contact of my welcomed return which was also my home,as I was the son and primary care provider to my mother in said household. Also, my mother is in irreversible dimentia. My... Read more »

Taylor Douglas Martin
Taylor Douglas Martin answered on May 20, 2021

Regardless if the contact is welcomed or not, a no contact order is a court order forbidding one to contact a certain person. Typically, a Judge views contact as contact regardless of the circumstances. However, a capable defense attorney should be able to bring the circumstances to the attention... Read more »

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: My mother had a revocable trust listing only myself as beneficiary, but having issues transferring assets.

How do i transfer the titles of her assets; homestead, bank accounts, etc. Some titles have transferred (automatically?) , but some have not. I thought probate court was avoided by having a rev. trust. Any help would be appreciated.

Nina Whitehurst
Nina Whitehurst answered on May 19, 2021

Assets that were in the trust when she died pass according to the terms of the trust. Assets that were not in the trust pass according to the terms of the will using the probate process. What you seem to have is a partially unfounded trust, which is less than ideal because it does not completely... Read more »

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