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Arkansas Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: What inheritance rights does one have if your civil partner dies.

Person lived with partner for 14 years but never married.

Donna Branch
Donna Branch
answered on Aug 15, 2022

More details would be needed because this is not a clear cut answer. I can say Arkansas does not recognize common law marriage. However, I wouldn't give up just yet. It depends on when the property was acquired (during the 14 years or after). Did your partner have a will? Do your partner have... Read more »

1 Answer | Asked in Insurance Bad Faith for Arkansas on
Q: I hit a peice of detread and damaged my car can i fill out a claim for damage

Front and rear bumper and skid plate

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2022

An Arkansas attorney could answer best, but your question remains open for two weeks. It could depend on your insurance policy, if it provides full coverage. If you only carry basic liability, a property damage claim from such an incident occurring on an open roadway could be difficult. Good luck

1 Answer | Asked in Car Accidents for Arkansas on
Q: 1)Laws on loss of use? (53days WITHOUT) / (PAID for 3days)? 2) Non- OE parts put on my truck without permission?

53day from date my Truck was Towed to the shop till I got back. The reason it took so long was Insurance sent check to wrong state & company. They didn't let me know I sent them around 15 emails with no response. I lost out on a job. Stuff was shut off and I even had to walk to town one... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 13, 2022

An Arkansas attorney could advise best, but your question remains open for a week. In terms of loss of use, damages to offset the unavailability the vehicle in PD claims are usually limited to rental cars as an industry practice nationwide. And depending on the carrier, even that can be tightly... Read more »

1 Answer | Asked in Appeals / Appellate Law for Arkansas on
Q: Appeals court AR- reversed in part, affirmed in part. How does a new order with the appeals revisions come about?

Hearing May 2021 awarding father joint custody after moving with a distance of childrens school. Father does, begins joint. Mother appeals courts decision. Appeals court reversed in part, affirmed in part. Reversed the distance requirement but agreed custody should have changed but without the... Read more »

Charles William Michaels
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Charles William Michaels
answered on Aug 8, 2022

I would think that the appellate court would issue an order, stating precisely what has to be done in the trial court.

2 Answers | Asked in Bankruptcy and Banking for Arkansas on
Q: Can a bank lawfully withhold the title of my car.if the chapter 13 was dismissed..and the bank wrote the loan off
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Aug 1, 2022

Yes. Until the underlying debt is fully paid, the bank can retain the title.

When a bankruptcy case is dismissed, all debt obligations are treated as if the bankruptcy never happened.

In addition, the grant of a discharge in a bankruptcy case (you didn't get that far)...
Read more »

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1 Answer | Asked in Car Accidents for Arkansas on
Q: Is there a overall time limit in civil procedure i.e. Negligence. Case. Like in criminal procedures fastest speedy trial

Automobile accident case Wanting to know if there's a time limit like in criminal cases fast and speedy trial or can it be strung out for years

Tim Akpinar
Tim Akpinar
answered on Jul 27, 2022

An Arkansas attorney could answer best, but your question remains open for two weeks. Until you are able to discuss this with a local attorney familiar with Arkansas rules of civil procedure, as a general premise nationwide, there is no such time limit. The Sixth Amendment protection you're... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Arkansas on
Q: Never read rights, never offered attorney, told plead guilty or go to jail. Plead guilty.. can I fix this.

It was years back, abusive ex husband I left showed up where I was staying and assaulted me. I had no job and was pregnant. I had no idea the consequences of pleading guilty. I was out on bail. At plea hearing the judge said if I plead not guilty he was going to put me in jail even after my... Read more »

Richard Lane Hughes
Richard Lane Hughes
answered on Jul 26, 2022

"It was years back" is a real problem with your case. An overbearing judge may have unintentionally misled you. You were probably not in a state of mind to appreciate what was happening to you at that time as well. What you describe is fraught with problems from a legal perspective.... Read more »

1 Answer | Asked in Bankruptcy for Arkansas on
Q: I want to stop chapter 13, my hubby doesn't. Would our 2 vehicles in both names be included if I stop my part?

We have 2 vehicles in both our names. We would like to leave them in the chapter 13, however I want to stop my part in this. Would they both be able to stay included in the bankruptcy?

Timothy Denison
Timothy Denison
answered on Jul 19, 2022

Yes, although the specifics of how would still need to be resolved by your bankruptcy attorney.

2 Answers | Asked in Car Accidents for Arkansas on
Q: How can I prove my innocence if no lawyer will help me? I have been wrongfully found at fault and I need help
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 19, 2022

More information is needed on this however unless a court of law has ruled on the issue of fault, you have every right to fight the current/previous opinions of the investigating officer, insurance companies and others by filing a lawsuit and having a trial.

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2 Answers | Asked in Immigration Law and Domestic Violence for Arkansas on
Q: Can I petition my dad even if he's the reason my mom got her U-visa approved?

Today, I became a US citizen. My mom is currently a green card holder. 8 years ago my mom filed a police report against my dad for domestic violence. (However, there's no police report filed against my dad according to the olathe police.) Then we filed for a U-visa. Got approved, then after 3... Read more »

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jul 10, 2022

I understand that he is your dad and even though he caused you and your mother mental trauma, you still want to sponsor him to get his green card. While your father would be an immediate relative, if you were to sponsor him now that you have here citizenship, I'm not sure what criminal charges... Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights and Tax Law for Arkansas on
Q: What options are there for unreasonable neighbors outside of city limits?

We bought a house last year that has turned out to be a money pit. We've wasted quite a bit of money on repairs, while also finding out that the whole street is pretty much a party street. We're out of city limits, so the cops say theres nothing they can do. I'm enrolled in online... Read more »

David Luther Woodward
David Luther Woodward
answered on Jul 10, 2022

Under the circumstances, you describe I would sell and move. You need direct advice from a tax guy, but you a reasonable period of time to reinvest to avoid capital gains.

Do you have a county sheriff or local constable? If you are in the county there is some county-wide law enforcement body.

1 Answer | Asked in Criminal Law for Arkansas on
Q: I am on probation for 8 more months. If I absconded for 5 months, when caught, would I have to finish out the 8 months?

Or would I just have to finish the 3 months? I'm in Arkansas.

Richard Lane Hughes
Richard Lane Hughes
answered on Jun 23, 2022

You might have to finish 8 months and more! You are subject to being sentenced to the maximum sentence that you could have received at the time you got the probationary sentence. You might also serve the remainder of your sentence in jail or prison rather than on probation.

1 Answer | Asked in Car Accidents for Arkansas on
Q: What steps to take if my car is damaged by a hit and run? The driver tag was obtained and. a police report was made.

I have only liability insurance.

I have yet to receive the police report.

Tim Akpinar
Tim Akpinar
answered on Jun 11, 2022

An Arkansas attorney could advise best, but your question remains open for three weeks. Until you're able to arrange a meaningful consult with a local attorney, as a general matter nationwide, the other side's insurance should cover damages if you can show that they were at fault. Good luck

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can a drug charge be enhanced if I had no prior drug conviction in Arkansas

My charge was enhanced from simple possession to possession with intent to deliver and manufacturing with no prior drug charge is that legal for the prosecutor to enhance that charge in Arkansas

Degen Clow
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Degen Clow
answered on Jun 7, 2022

The short answer is yes, it can be enhanced based upon several different factors. Weight of the drugs, the way they are packaged, if there are scales or baggies present with the drugs, all of these can factor into an enhancement.

1 Answer | Asked in Criminal Law for Arkansas on
Q: are there any viable defenses on a certain persons charge
Degen Clow
PREMIUM
Degen Clow
answered on Jun 7, 2022

If you are asking about possession of firearms by certain persons, then yes, there are viable defenses. Knowledge of the firearm is required to be proved to sustain a conviction in these cases. So, if it is not reasonable that you knew or should have known the firearm was present, you may have a... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Is the state of Arkansas required to serve all outstanding warrants at the time of a suspects arraignment?

My husband was arrested May 26th, 2022, around 10pm for fleeing in vehicle, in addition to outstanding warrants for a class Y delivery charge and FTP on a driving offense. The class Y arrest warrant was issued in Sept of 2019. We had no knowledge of the charges or warrant prior to arrest. He has... Read more »

Richard Lane Hughes
Richard Lane Hughes
answered on Jun 6, 2022

"No" is the easy answer. That is, not with the intent to ambush a citizen with a warrant to get an existing bail bond revoked. The problem is that there is no requirement that all existing warrants be served at a given time. Warrants can become stale or subject to attack for several... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: If I was found guilty but my co-defendant gets his thrown out can I have mine thrown out also?

I was convicted of a drug charge. I had a public defender and plead out to one-year probation. My code defendant has hired private counsel and has not plead out yet. But I see where they are attempting to have the case dismissed. If he is successful in his attempt at having his case thrown out what... Read more »

W. Whitfield Hyman
W. Whitfield Hyman
answered on Jun 3, 2022

You could appeal your plea or file a rule 37 ineffective assistance of counsel or writ of error coram nobis. These are all very expensive remedies, I recommend Michael Kaiser in the Little Rock area for appeals and rule 37s.

1 Answer | Asked in Employment Law for Arkansas on
Q: Does city of north Little Rock have to pay overtime after 40 hours? Because they only offer flex or comp time no pay.
Chris W. Burks
PREMIUM
Chris W. Burks
answered on May 31, 2022

Thanks and it depends on your position and their exact policy. If, for example, they don't have a cap on the amount of comp. time that you can accrue (add up), and you keep accruing unlimited hours, then you are owed the pay for the hours over the cap at time-and-a-half your regular rate of... Read more »

1 Answer | Asked in Civil Litigation for Arkansas on
Q: Entering on rapm from haskell, 18 wheeler cut over and I hit the wait while turning on the ramp. Top right fender is bad

Couldn't squeeze over the of wall but the absolutely not even 90 degrees turn on on the ramp to 30 is I'm possibly. It's more like 45 degree angle. I didny want to get spattered but the corner of on ramp and truck coming over sure did a number in my right fender and considering this... Read more »

Tim Akpinar
Tim Akpinar
answered on May 29, 2022

An Arkansas attorney could advise best here, but your question remains open for two weeks. I'm sorry for your accident. There's no mention of injuries, and I hope that's the case. Based on the description here, this isn't a bad faith matter (which would generally require some... Read more »

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 »

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