Lawyers, Answer Questions  & Get Points Log In
Questions Answered by W. Whitfield Hyman
1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Arkansas on
Q: Does state of Arkansas follow federal law concerning felon in possession of pre-1899/antique muzzleloading firearms.

I was wondering if the state of Arkansas follows federal law concerning felon in possession of antique/pre-1899 muzzleloading firearms. I know that federal law does not prohibit us from using/possessing these types of firearms. I am unsure if the state has any Laws regarding them, and if they do,... Read more »

W. Whitfield Hyman
W. Whitfield Hyman answered on Jun 29, 2020

You can't possess those in Arkansas as a felon, but air rifles are probably legal.

You can get a pardon from the governor if the conviction was in Arkansas.

2 Answers | Asked in Criminal Law for Arkansas on
Q: I was arrested 7-5-17 my latest trial date now is 10-27-20 ]more than 3 years after my arrest do I need a accountant
W. Whitfield Hyman
W. Whitfield Hyman answered on May 23, 2020

There might be a speedy trial issue but it depends on whether or not the judge has been taking the time.

View More Answers

1 Answer | Asked in Civil Rights for Arkansas on
Q: How is freedom of speech disorderly conduct?

I called an Indian man racist

W. Whitfield Hyman
W. Whitfield Hyman answered on May 19, 2020

If that's all you did, it wasn't. If you were arrested because of that or charges, you've got a lawsuit.

1 Answer | Asked in Criminal Law for Arkansas on
Q: Is the legal effect of old criminal expungement law still valid from 2007, although it was completely replaced in 2014?

I have a class D felony expunged in Arkansas. The conviction is from 1996 and the order to seal was issued in 2007. At that time in 2007 all civil rights including the right to possess firearms, were part of the expungement effect. However as of 2014 the law was repealed and under the new law,... Read more »

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

The new law won't impact your old expungement. You should check with ACIC (Arkansas Criminal Information Center) to see if you have your firearm rights.

1 Answer | Asked in Constitutional Law and Criminal Law for Arkansas on
Q: The police arrested my friend for having a handgun in his pocket. Isn’t Arkansas a permitless carry state taff v state?
W. Whitfield Hyman
W. Whitfield Hyman answered on Mar 5, 2020

Yes and another case came down Thursday confirming that again. These police officers broke the law and your friend could probably sue them. I defend these cases and sue over constitutional violations, another attorney and I just won this case:

See:...
Read more »

1 Answer | Asked in Criminal Law, Admiralty / Maritime and Constitutional Law for Arkansas on
Q: How do I obtain the status of sort of which has no implied obligation and has immunity without recourse of said entity?

How to make claim of status as a free man and only acting agent of said entity

W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 30, 2019

This is sovereign citizen nonsense. Do yourself a favor and forget it and move on.

1 Answer | Asked in Civil Rights and Constitutional Law for Arkansas on
Q: I know someone in the state of Arkansas doing tattoos out of her house. I have LOTS of pictures for proof

Also has a 10 year old daughter living with her. What are the penalties?

W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 23, 2019

I hope you don't turn them in because that is such a dumb law. I don't know what the penalties are, probably a small fine.

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can i fight my legal case from overseas?

i was arested june 2019 for "possesion of drug paraphernalia", in total panic i fled back to my wife an children who live overseas.

now i know this added fled charges, im not a dangerous criminal, just been in a bad place for a bit, ive straightend up, live, work and stay out of... Read more »

W. Whitfield Hyman
W. Whitfield Hyman answered on Nov 22, 2019

Is it a feeling or misdemeanor? Maybe if it is a misdemeanor you can hire an attorney to take care of it.

If it is a felony, you have to come back.

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
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
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...
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
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
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
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... Read more »

W. Whitfield Hyman
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
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
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
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... Read more »

W. Whitfield Hyman
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
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
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.