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Questions Answered by W. Whitfield Hyman
1 Answer | Asked in Criminal Law and Traffic Tickets for Arkansas on
Q: i was involved in a chase with my wife and kids we crashed and the cop didn’t help my kids or wife just held me gunpoint

i made a bad decision to not stop and the officer chased me 15 miles at speeds of 90 plus mph we crashed and the officer never did try to help my kids out of the truck he had my daughter turn the truck off they never stabilized the kids and they took all 4 in one ambulance they stabilized my wife... Read more »

W. Whitfield Hyman
W. Whitfield Hyman answered on Jan 27, 2022

You need to ask a question, there is no question here.

1 Answer | Asked in DUI / DWI for Arkansas on
Q: I have court today at 10:00, I have a DWI-1st and leaving the scene of an accident and refusal of breathealizer test.

Will all I have to pay is fines or am I going to do time for this?

W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 8, 2021

Nobody can answer this question unless they regularly practice in front of this judge.

1 Answer | Asked in Traffic Tickets and Criminal Law for Arkansas on
Q: can a police officer pull you over because he said he couldn't see your license plate

it was night time and an officer pulled me over because he said he couldn't see my license plate even though there was no obstruction and he was well over 50 ft away

W. Whitfield Hyman
W. Whitfield Hyman answered on Nov 28, 2021

No, not if the light was working that illuminates the license plate.

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and Traffic Tickets for Arkansas on
Q: Possession of marijuana in van buren Arkansas!
W. Whitfield Hyman
W. Whitfield Hyman answered on Nov 4, 2021

You didn’t post the question

1 Answer | Asked in Criminal Law and Employment Discrimination for Arkansas on
Q: I am a lawyer but I have never done a Petition for Involuntary Commitment. I was wondering if anyone had a sample form?
W. Whitfield Hyman
W. Whitfield Hyman answered on Oct 18, 2021

In Sebastian County we just fill this out and give it to the prosecutor. Call the prosecutor they probably have a form. Here is what we do:

https://www.sebastiancountyar.gov/Portals/0/Content/ProsAtty/MI%20PACKET-full%202.pdf

1 Answer | Asked in Contracts, Criminal Law, Civil Rights and Communications Law for Arkansas on
Q: what do you need to become a lawyer?

what is all the steps to becoming a lawyer

W. Whitfield Hyman
W. Whitfield Hyman answered on Sep 21, 2021

1. Graduate High School or earn a GED.

2. Earn a bachelor’s degree in anything from a college. Takes about 4 years.

3. Take the LSAT while in college (maybe they allow other tests now I’m not sure).

4. Complete law school (3 years).

5. Pass the bar exam in the...
Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Arkansas on
Q: is it legal for an officer to bring out k9 on my vehicle over a traffic violation and no warrant or probrital cause

they stopped me originally over a tag lights being out and immediately started wanting to search my vehicle for no reason wat so ever

W. Whitfield Hyman
W. Whitfield Hyman answered on Aug 27, 2021

They have to have reasonable suspicion to ruin the dog or they have to have another person running the dog while they continue writing you a traffic ticket

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 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.

1 Answer | Asked in Criminal Law for Arkansas on
Q: These laws pertaining to record keeping, weren't they written for pharmacies?

Specifically, the felony charge of failure to keep records while maintaining a drug premises. I feel they're being abused and used as a way to give individual citizens multiple charges for the same simple possession offense

W. Whitfield Hyman
W. Whitfield Hyman answered on Apr 18, 2021

Which law?

1 Answer | Asked in Gov & Administrative Law and Criminal Law for Arkansas on
Q: Can an 18 year old conceal carry in the state of Arkansas without a CCL?

I have legally purchased a handgun so I would like to know if I can legally carry it.

W. Whitfield Hyman
W. Whitfield Hyman answered on Mar 21, 2021

Yes, but there will be many places you are not allowed to carry. Mainly on government owned property. For a list of all the places you may not carry under state law, check here:

https://arkansaslawking.com/where-can-you-carry-a-gun-in-arkansas/

However, many of the places where it...
Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Land Use & Zoning for Arkansas on
Q: Can I let my yard grow as the Creator intended against city ORDINANCE under RFRA,

Can I advance my religion (native American) as defense to failure to cut grass,?

W. Whitfield Hyman
W. Whitfield Hyman answered on Feb 15, 2021

Probably not, but you could just plant trees covering your whole yard and I bet grass wouldn’t grow

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can I get my records expunged for a3rd degree battery
W. Whitfield Hyman
W. Whitfield Hyman answered on Jan 14, 2021

Yes but it will take five to six years from the date you were convicted. You could also try to get a pardon which would only take about two years.

1 Answer | Asked in Criminal Law and Constitutional Law for Arkansas on
Q: In Arkansas is it legal to walk around in public with a sword that's sheathed?

I know in Arkansas you can carry any sized knife concealed or open carry as long as you don't have any intent to harm anyone. Does this work for swords too?

W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 5, 2020

Yes

1 Answer | Asked in Criminal Law for Arkansas on
Q: May an Arkansas resident own an NFA registered machine gun in Arkansas?
W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 2, 2020

Yes

1 Answer | Asked in DUI / DWI for Arkansas on
Q: Got dwi without sobriety test,went to jail but not for dwi but for being mouthy. Can I be charged with dwi
W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 2, 2020

Yes, but the real question is, can you be convicted?

1 Answer | Asked in Civil Rights for Arkansas on
Q: Why is it so difficult to find an attorney who practices Police Misconduct area?

I have been hunting one down for well over a year now and can't seem to find anyone who wants to get involved. I am disabled and was involved in a 1 car MVA (hubby was driving)out of my State, SOL expires 12/23/20. Trooper is in audio and video as last person in possession of my medical... Read more »

W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 1, 2020

In order to sue a police officer you have to usually prove that somebody has successfully sued over an extremely similar issue in the past. Which is difficult because it means the first person to sue over a unique issue will usually not recover any money.

Did this happen in Arkansas or Oklahoma?

1 Answer | Asked in Civil Rights for Arkansas on
Q: Can you sue a county, it’s prosecuting attorney, or the police department?

My husband was arrested and taken to the police station for booking/questioning. He told them that they had the wrong person, after reading the warrant, explaining again that they wanted his father, not him, they got a positive ID that my husband wasn’t the right person.... he was arrested in the... Read more »

W. Whitfield Hyman
W. Whitfield Hyman answered on Nov 8, 2020

When was he arrested? If it was 8 years ago that is probably too long ago. He can get the arrest sealed.

1 Answer | Asked in Criminal Law for Arkansas on
Q: My question is can a guilty plea be overturned because the person felt that he was forced to take a guilty plea

My son was charged with third degree to sexual assault on his neice the attorney he had at the time they fired her my son has been in there 7 years now and my granddaughter which is his niece has told a new family member that her mother force her lie about her uncle that if she didn't her... Read more »

W. Whitfield Hyman
W. Whitfield Hyman answered on Sep 25, 2020

Yes it is possible. It is best if you learned about this stuff after the plea, call attorney Michael Kaiser in Little Rock he does this kind of work.

1 Answer | Asked in Constitutional Law for Arkansas on
Q: Is Arkansas a constitutional carry state?
W. Whitfield Hyman
W. Whitfield Hyman answered on Jul 13, 2020

Under state law you can carry concealed with or without a license in all but government owned places.

For all the caveats, see this blog:

http://www.arkansaslawking.com/where-can-you-carry-a-gun-in-arkansas/

But there have been two court cases since this blog and the...
Read more »

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