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Questions Answered by Richard Lane Hughes
1 Answer | Asked in Divorce for Arkansas on
Q: he wants a divorce it's under the active ACA 9-1 2-3 0-1 V I can I di dispute
Richard Lane Hughes
Richard Lane Hughes answered on Jan 18, 2019

Yes. You can always dispute alleged grounds for divorce. The party that asserts grounds for and seeks a divorce or other relief bears the burden of proof. However, you must timely answer, in writing, denying that grounds or a particular ground exists or you may waive your right to contest the... Read more »

1 Answer | Asked in Medical Malpractice for Arkansas on
Q: I need to find a lawyer that don't mind just getting what the law allows malpractice suit for wrongful death
Richard Lane Hughes
Richard Lane Hughes answered on May 29, 2018

This doesn't seem to be a question. However, be mindful that medical negligence causes have a short statute of limitations and most lawyers are unable to commit to a case until a good bit of investigation is done. So talk to an attorney and pursue your case as soon as you can.

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: If my name is incorrect in several documents, does that discredit the case?

I have received my motions of discovery. My name is xxx. And that has been correct for most of the documents. But randomly xxx pops up. Even stating that "xxx is the biological father of [child name]". There is also supposed to be a physical description of me but it's to vague and even incorrect.... Read more »

Richard Lane Hughes
Richard Lane Hughes answered on May 23, 2018

Generally, the answer is no. Unless there is a genuine issue as to the identity of an individual in a report, document, etc., the misspelling or incorrect use of a name is considered a misnomer and will not affect the use of the documents or the outcome of a case.

1 Answer | Asked in Criminal Law for Arkansas on
Q: If a police offer fails to read someone their Miranda rights and hears them a day and a half later at the bond hearing.

My sister got in trouble for something and police arrested but but as they did they didn’t read her rights at all. She got them read to her the first time a day and a half later at her bond hearing. What happens to the stuff they have on her and the charges?

Richard Lane Hughes
Richard Lane Hughes answered on May 11, 2018

Miranda Rights are only required when a person is in custody (not free to leave) and is being interrogated by law enforcement. The typical remedy for a Miranda violation is prohibiting the government from using statements made by a defendant against her in a trial or court proceeding.

1 Answer | Asked in Divorce and Child Custody for Arkansas on
Q: Once you file a Warning Order and the Defendant doesn't respond. Can the judge handle matter's dealing with children?

I am the biological mother and defendant is not but on the birth certificate. She has a no contact order for slapping child across the face at 17 months old

Richard Lane Hughes
Richard Lane Hughes answered on May 11, 2018

Yes. However, the Judge will still be guided by "the best interests of the child(ren)."

That is, a court what is best for the kids regardless of a default by a parent.

1 Answer | Asked in Criminal Law for Arkansas on
Q: I was put on 36 months probation ACA 16-93-301.once probation is over will my charge automatically come off my record
Richard Lane Hughes
Richard Lane Hughes answered on May 11, 2018

No. It depends upon what act you were sentenced under. There is a statute that one may be sentenced under that, in theory, does not amount to a judgment and, therefore, when one satisfies the conditions of the sentence it is dismissed. This is not used in most cases but it is used in drug courts... Read more »

1 Answer | Asked in Divorce for Arkansas on
Q: How is it determined how much of one's pension an ex is granted?

I am getting married this summer and have been working 25 years at a job that gives me a pension when I retire. Would my ex get half of it if we divorced?

Richard Lane Hughes
Richard Lane Hughes answered on May 1, 2018

Your "ex" would be entitled to a prorated 1/2 from the time of your marriage until the time of your divorce. That portion of your retirement fund would be "marital property."

A prenuptial agreement might protect those funds.

1 Answer | Asked in Divorce for Arkansas on
Q: Are there Laws on the Books in Arkansas stating the basis for awarding spousal support?
Richard Lane Hughes
Richard Lane Hughes answered on Apr 26, 2018

Yes, Arkansas has such laws. The primary focus is upon the disparity of earning power between divorcing spouses. There are several other factors a Court will consider as well. Fault is NOT one of those factors.

1 Answer | Asked in Criminal Law for Arkansas on
Q: If I am the wife of the accused is it ok to talk to the prosecutor without hurting my husband case
Richard Lane Hughes
Richard Lane Hughes answered on Apr 26, 2018

I do not believe that it would be wise to do so without getting the advice of an attorney who is fully aware of the facts of your husband's case. The accused has a right to remain silent. You are not obliged to possibly prejudice his case.

1 Answer | Asked in Constitutional Law for Arkansas on
Q: Wat is Arkansas act 3 2768 ? I ask because I know of someone being held for state hospital under act 3 2768 by pcso

A person my girlfriend is afraid of is in Pulaski county I was wondering what Arkansas act 3 2768 is about

Richard Lane Hughes
Richard Lane Hughes answered on Apr 20, 2018

A motion for an "Act 3" review is a request that a person charged with an offense is interviewed by a mental health professional to determine if the person charged is mentally fit to proceed in a criminal case.

1 Answer | Asked in Criminal Law for Arkansas on
Q: can I stop charges against someone

His mom is very ill... he violated restraining order and is currently incarcerated in brickey jail

Richard Lane Hughes
Richard Lane Hughes answered on Apr 18, 2018

Once the State has charged a citizen with a crime, it is the State that has the power to dismiss the charge or, of course, the court for various reasons. The "victim" cannot dictate that a charge be dismissed but may persuade a prosecutor to dismiss a case. Many prosecutors do not like to pursue a... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Criminal Law and Federal Crimes for Arkansas on
Q: Can a police officer

Can a police officer have a no contact order with him when investigating a domestic violence report and can he arrest a person and make them sign the order before he incsrcerates. And have the judge signed the order before he books the defendant?

Richard Lane Hughes
Richard Lane Hughes answered on Apr 18, 2018

If I understand our statement of facts correctly, the answer is no.

There may be other grounds for an arrest but not for an order that did not exist at the time of the allegedly offending behavior.

2 Answers | Asked in Nursing Home Abuse for Arkansas on
Q: I noticed that my dad (in a nursing home) developed a bed sore. Is this a sure sign of neglect?
Richard Lane Hughes
Richard Lane Hughes answered on Feb 27, 2018

No. This is not a "sure sign" of neglect but it is a sign to watch for other things that suggest neglect. That is: first, listen to your Father (if he is able to communicate); next, watch for bruises, weight loss and generally signs of abuse; finally, increasing bed sores, infection(s) may suggest... Read more »

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1 Answer | Asked in Traffic Tickets and Federal Crimes for Arkansas on
Q: Can you get fines reset and jail time suspended for failure to pay and failure tp appear?

I have 2 traffic violations in 2 cities with failure to appears stacked on them now. The reason i didnt pay was because i was termonated from my employer now I have multiple fta's in both city and arrest warrants. I just wanna restart!!

Richard Lane Hughes
Richard Lane Hughes answered on Oct 9, 2017

You need to have an attorney arrange for you to appear in each Court and surrender on the warrants. You may be able to set up a time pay if you are guilty of the underlying offense and plead guilty to them.

If you get stopped by police you may be detained with those warrants outstanding.

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: My friend was charged with possession of schedule 1&2 drugs possession of drug paraphernalia

And 14 counts of fraudulent use of credit/debut card $100 in 6 months and 2 counts of theft by receiving $2500 or more what kind of sentence is she facing and will she b ordered not to leave the state. And will her bond b high since she is from Louisiana with no ties in Arkansas all felony charges

Richard Lane Hughes
Richard Lane Hughes answered on Oct 5, 2017

I would not venture a guess as to your friends exposure to incarceration without more facts. However, theft by receiving greater than $2,500 value is a class D felony generally. It has a potential for imprisonment for 0-5 years and/or a $10,000 fine.

If she makes bond several factors may...
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1 Answer | Asked in Nursing Home Abuse for Arkansas on
Q: Is it possible to investigate the cause of a fall at a nursing home to determine whether the staff was negligent?
Richard Lane Hughes
Richard Lane Hughes answered on May 30, 2017

Yes, that is certainly possible. I would need more information before I suggest what lengths to go to for an investigation. I will assume that you have some reason to believe that there are circumstances that may amount to either abuse or failure to take proper care. If you are the guardian of the... Read more »

2 Answers | Asked in Medical Malpractice for Arkansas on
Q: How do you prove medical malpractice occurred?
Richard Lane Hughes
Richard Lane Hughes answered on May 30, 2017

It may be a very difficult to prove medical negligence. Many medical procedures have an inherent risk associated with them and the patient is warned.

However, each case is different. For the most part medical negligence must be proved by the testimony of medical experts in the field...
Read more »

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