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Questions Answered by W. Whitfield Hyman
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 »

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.

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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.

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