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Arkansas Questions & Answers
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 »

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: Can a mother deny father visitation if they were never married and there is no court agreement? Assq
Geoffrey D. Kearney
Geoffrey D. Kearney answered on May 10, 2021

Possibly. Outside of the parents being married when the child is born or going to court, paternity can also be established by signing an Affidavit Acknowledging Paternity, which is generally made available at the hospital when the child is born. If paternity has not been established by any other... Read more »

1 Answer | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for Arkansas on
Q: Can a termination of parental rights stand if there is insufficiency of process services?
Geoffrey D. Kearney
Geoffrey D. Kearney answered on May 10, 2021

As is so often the case in legal matters, it depends. Arkansas law, like that of many states, takes the obligation to serve a responding party quite seriously, and failure to serve can be a basis for reversal on appeal. However, Arkansas’ appellate courts are also strict about the circumstances... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: If my brother confess to leaving his firearm in my car and I'm a felon can I beat the charge if I didn't kno

And he comes to court with all the information and paperwork can it be dropped against me if he confirms he left it without my knowledge

Geoffrey D. Kearney
Geoffrey D. Kearney answered on May 10, 2021

The question does not make clear whether you’re referring to a charge of being a felon in possession under federal law or Arkansas state law, but the standards for both are fairly similar. Whether in state or federal court, the prosecution would generally have to prove possession of the weapon... Read more »

2 Answers | Asked in Employment Law, Workers' Compensation and Cannabis & Marijuana Law for Arkansas on
Q: Got hurt at work I am a medical marijuana patient can I get fired
Chris W. Burks
Chris W. Burks answered on May 8, 2021

Thanks and you cannot be fired simply for being a medical marijuana patient if you are in a position that hasn’t been designated as safety sensitive. In other words, if the type of job you do hasn’t been listed in writing as no medical marijuana because it is safety sensitive, an employer... Read more »

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1 Answer | Asked in Real Estate Law for Arkansas on
Q: Spouse of deceased son was replaced in his mother’s will to inherit her son’s portion of estate. The property deed was

not changed into the spouse name (3 other children on deed). Upon the mother’s death, will spouse have to share her 1/4 of of the house sale with her adult children? Arkansas law applies. Thank you

Anthony M. Avery
Anthony M. Avery answered on May 6, 2021

From your facts, the property will not go through the Probated Will Estate, unless the mother owns an interest in the property at death. Hire a competent attorney to search the title and answer your question for certain.

1 Answer | Asked in Car Accidents for Arkansas on
Q: Hi can my gf sit in my lap and drive at the same time if we don't do anything?
Tim Akpinar
Tim Akpinar answered on May 4, 2021

Don't do it; it's a very bad idea on many levels. An Arkansas attorney could tell you about the vehicle and traffic law(s) you'd violate, but your question remains open for two weeks. It sounds like you're a young driver, but you'd subject yourselves and others to danger,... Read more »

2 Answers | Asked in Personal Injury for Arkansas on
Q: I have a back injury nerve damage and it’s been 2years can sue work mans comp

I got off tractor and thru a gate at the arena where i worked 13 years i had a spinal fusion in Arlington

Tim Akpinar
Tim Akpinar answered on May 3, 2021

This is something that an Arkansas attorney should advise you on, but your post remains open for a week. I'm sorry for your injury. If you had a spinal fusion surgery, that's a big ticket item, suggesting that there might have been a WC claim open at one time. A private insurer is not... Read more »

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1 Answer | Asked in Employment Law for Arkansas on
Q: I've been working since November at a company and just noticed they haven't been paying me the correct overtime.

I was supposed to be hired for $35/hour. I'm an engineer on contract . They said they could give me per diem but would have to break it down to get the power diem. So they had to do $96/day per diem and $23/HR. Problem is when I worked overtime they paid me overtime at 1.5 times $23 instead of... Read more »

Chris W. Burks
Chris W. Burks answered on Apr 20, 2021

Thanks and yes you should speak to an employment law attorney. If you have a contract to work for $35 an hour the state law could be breached. Or, if the per diem is structured a certain way, it could mean that the company should not have paid you the lower amount of overtime. Speaking to an... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: What's the best counter offer to 32 months prison and 32 months sis
W. Whitfield Hyman
W. Whitfield Hyman answered on Apr 20, 2021

Just tell them to drop all of the charges or you will sue them.

Just kidding.

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