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Questions Answered by W. Whitfield Hyman

1 Answer | Asked in Criminal Law for Arkansas on

Q: I have criminal mischief , battery 3 rd degree and disorderly conduct . I am a lpn will I loose my nursing liscense

W. Whitfield Hyman answered on Jun 27, 2019

That's unclear. You should try to fight the charges. You might be able to get the charges reduced even if you are guilty of everything.

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on

Q: I was charged with a felony by my girlfriends son who told me before that I better watch my back. is that a conflict of

should the case be dropped

W. Whitfield Hyman answered on Jun 9, 2019

Your girlfriend's son does not have the power to charge you with a felony and he did not do so.

The police and the prosecutor are the only ones with that power. Your gf's son complained to them, and they charged you.

If it is a conflict of interest, I'm sure the judge and jury would...
Read more »

1 Answer | Asked in Criminal Law for Arkansas on

Q: My friend lives with someone . Borrows his car daily , even has the spare key

Person gets upset with friend and reports his vehicle stolen , is this theft by receiving charge ? Or any charge at all

W. Whitfield Hyman answered on Jun 7, 2019

If they were given permission then it would not be a crime. If permission was revoked and communicated to the person borrowing the car that is an unauthorized use charge or a theft of property charge based on the circumstances.

1 Answer | Asked in Criminal Law for Arkansas on

Q: If visiting someone else's home and not answering the door for police obstruction of government operation?

Was recently visiting a friend home when police came to arrest him. My friend ordered me to be quiet and to not answer the door.when please got the door open they charge me with obstructing goverment operation? With it not being my home and me instructed by the home owner not to open the door... Read more »

W. Whitfield Hyman answered on Jun 6, 2019

Sounds like you're should fight this and sue the officers later.

1 Answer | Asked in Criminal Law for Arkansas on

Q: If I am on driving probation with a careless or prohibited driving go against that.

I was put on 6 months probation after speeding ticket. I went around a barricade to see where the flooding water had gotten to. Officer gave me a careless prohibited driving

W. Whitfield Hyman answered on May 27, 2019

Yes, an attorney may be able to still help you keep both off your record though.

1 Answer | Asked in Constitutional Law for Arkansas on

Q: Would it be possible to get a ban reversed on an interactive website for infringing on my 1st Amendment rights?

I have been banned from a website for "hate speech". Given that the SCOTUS has ruled that "hate speech" was protected under the 1st Amendment, as well as Judge Naomi Buchwald ruling that the President's Twitter is a "public forum" so he cannot ban people, as well as Marsh v Alabama, stating that a... Read more »

W. Whitfield Hyman answered on May 26, 2019

Private entities can't violate your rights to free speech. Exceptions would include things like the government is using a Facebook page and then blocks you from that Facebook page. Unless you're more specific, what you have described does not sound like a free speech violation.

1 Answer | Asked in Civil Rights for Arkansas on

Q: My ex friend stole my winning lottery ticket can I still claim my winnings ?

Got into domestic dispute and I went to jail my ex broke into my place and all of my lottery tickets and won the lottery off of my winning ticket she even told 6 people she won it off my ticket

W. Whitfield Hyman answered on May 13, 2019

Yes but you will have to sue them for it, which you should do before they spend it all.

1 Answer | Asked in Criminal Law for Arkansas on

Q: My dad was charged with open container in Jonesboro, Arkansas

But he was the driver and the container was empty in the backseat and the cop did a breathalyzer and my dad scored a 0.0 so why did he still get charged?

W. Whitfield Hyman answered on Feb 12, 2019

I just pulled the statute, if the container was truly empty then your dad might have a case for suing the police officer over this false charge.

1 Answer | Asked in Criminal Law for Arkansas on

Q: Motion of discovery?

My sister got a delivery charge, due to the affidavit she was caught on tape.. her public defender says he saw the video but the only way she could see it for herself was to go to trial and would lose her chance to take a plea. Is this right?

W. Whitfield Hyman answered on Jan 18, 2019

If there is a CI you can get their name and let the defendant watch the video, but then the prosecutor has a right to change the offer for the worse or just set it for trial.

You have a right to Discovery but no right to an offer.

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on

Q: I pled guilty on a felony in 2008

I pled quilty in 2008 for felony of poss controlled substance and manufacturing ...no prison time 5 yrs probation and I went to 90 day drug rehab I've done the 180 program I've not been in any trouble since aside from a speeding ticket is there any chance of restoring my right to bare arms gun... Read more »

W. Whitfield Hyman answered on Dec 28, 2018

Yes but you will have to apply for a pardon from the governor unless you were sentenced under a specific act that will allow the judge to restore your rights.

1 Answer | Asked in DUI / DWI for Arkansas on

Q: If I don’t own a car during the six months following judgment, will I have to have a device installed once I buy one?

I am currently represented by a Public defender in Little Rock Arkansas, and my trial is scheduled for Thursday, December 6, but despite repeated phone calls and emails, my attorney has not responded or answered any of my questions. As a result, I have had to research the law my own; and I am... Read more »

W. Whitfield Hyman answered on Dec 5, 2018

Yes unless you are found not guilty.

1 Answer | Asked in Criminal Law for Arkansas on

Q: My son was 23 years old and killed by a 16 year old child in 1999.

I am the victim I believe he is remorseful. And I believe he would be a law abiding citizen. How can I get an early release for him.my heart go out to him,two lives are wasted, my son and this young man. I am using my own money for an attorney for him. What can I do?

W. Whitfield Hyman answered on Oct 14, 2018

You could apply for a commutation of sentence, or you could possibly get him resentenced due to some recent case law.

2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Collections for Arkansas on

Q: What can you do if you can't pay your fines

I live in Missouri now but in 2011 I was living in Hot Springs AR, I got a public intoxication charge and never paid the fine. Now they have a hold on my drivers license so I can't get reinstated but I am eligible for reinstatement in MO, I have not had a DL since 2008/9 because I had a dui in... Read more »

W. Whitfield Hyman answered on Sep 27, 2018

If you hire an attorney they may be able to lift the warrant for you.

I recommend Shane Ethridge in that area.

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1 Answer | Asked in Criminal Law for Arkansas on

Q: What is the likely scenario given someone wishes to plead guilty to a 3 year old offense of providing tobacco to minors?

According to the 2017 Arkansas code, the act is categorized as a Class A misdemeanor. If no charges are expected to come forward, but say a desire to freely speak about the event constitutes a valid reason to come forward, primarily to relieve others of the burden of holding volatile information,... Read more »

W. Whitfield Hyman answered on Sep 11, 2018

You can't be prosecuted for a misdemeanor that is over a year old if there is no warrant out for your arrest.

The statute of limitations has run.

2 Answers | Asked in Criminal Law for Arkansas on

Q: Can your license be suspended for a drug possession charge if you were not driving?

W. Whitfield Hyman answered on Aug 25, 2018

Yes but if you hire a lawyer they can possibly work it out to change the charge

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3 Answers | Asked in Criminal Law for Arkansas on

Q: how to i remove a felony from my record

i was charged with accessory to commercial burglary in 2002 maybe... all fines are paid, probation is finished with no issues in 2008. I would like to get this removed from my record.

W. Whitfield Hyman answered on Aug 6, 2018

File for an expungement.

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1 Answer | Asked in Civil Rights for Arkansas on

Q: Filings a civil rights suit against city. Onesided bs statement,I asked to speak attorney n was arrested . NO mod

Charged d felony theft 5-25,000$, jailed, $7500 bond, lost electrical apprenticeship, my own business name stained beyond, two years of continuances, name in paper, business fails eventually forced moved out of the county to avoiding police harassment. Public defender said entire two years the... Read more »

W. Whitfield Hyman answered on Aug 3, 2018

It would be useless and a waste of time to file anything until you beat the charges.

1 Answer | Asked in Criminal Law for Arkansas on

Q: can plea agreement be changed after being signed by judge, defendants attorney and defendant

Friend signed plea agreement that was read aloud by judge and recorded by court stenographer stating that: “defendant shall plead guilty to Offense#1 Hot Check, 5-37-305, Class A Misdemeanor and receive a sentence of three (3) years in the Arkansas Department of Corrections to be suspended upon... Read more »

W. Whitfield Hyman answered on Jun 26, 2018

I just had won case with a similar situation. I think he should appeal this as an illegal sentence.

What day did this happen?

1 Answer | Asked in Criminal Law for Arkansas on

Q: Will 3-3-301 Stuate be on my criminal records for the first offense ? Will it affect my job applications?

I was given a ticket with stuate number 3-3-201 and was told since it’s the first offense it won’t affect much! I want to know if this is considered as a misdemeanor and will it affect my background checks during my job applications? Is there anyway I can get rid of this from my record ? Please help

W. Whitfield Hyman answered on Jun 14, 2018

It will be on your record until it is expunged, and:

"(b) In addition to all other fines and penalties herein provided, the Director of the Alcoholic Beverage Control Division shall revoke all alcoholic beverage permits held by any person convicted for a violation of this subchapter."...
Read more »

1 Answer | Asked in Criminal Law for Arkansas on

Q: I'm from out of State and got a drug paraphernalia citation in Arkansas. Was not arrested and was honest with the cop.

What can I expect? Can I just pay the fine? And my only offense if that helps

W. Whitfield Hyman answered on May 20, 2018

If you hire an attorney you might not have to come back at all land they may be able to keep it off your record or get the charges dropped entirely.

Any specific advice would be limited to the specific location you were arrested.

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