Questions Answered by W. Whitfield Hyman

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

1 Answer | Asked in Civil Rights for Arkansas on
Answered on May 13, 2019
W. Whitfield Hyman's answer
Yes but you will have to sue them for it, which you should do before they spend it all.

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

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Feb 12, 2019
W. Whitfield Hyman's answer
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.

Q: Motion of discovery?

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Jan 18, 2019
W. Whitfield Hyman's answer
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.

Q: I pled guilty on a felony in 2008

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Answered on Dec 28, 2018
W. Whitfield Hyman's answer
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.

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

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Oct 14, 2018
W. Whitfield Hyman's answer
You could apply for a commutation of sentence, or you could possibly get him resentenced due to some recent case law.

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

2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Collections for Arkansas on
Answered on Sep 27, 2018
W. Whitfield Hyman's answer
If you hire an attorney they may be able to lift the warrant for you.

I recommend Shane Ethridge in that area.

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

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Sep 11, 2018
W. Whitfield Hyman's answer
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.

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

2 Answers | Asked in Criminal Law for Arkansas on
Answered on Aug 25, 2018
W. Whitfield Hyman's answer
Yes but if you hire a lawyer they can possibly work it out to change the charge

Q: how to i remove a felony from my record

3 Answers | Asked in Criminal Law for Arkansas on
Answered on Aug 6, 2018
W. Whitfield Hyman's answer
File for an expungement.

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

1 Answer | Asked in Civil Rights for Arkansas on
Answered on Aug 3, 2018
W. Whitfield Hyman's answer
It would be useless and a waste of time to file anything until you beat the charges.

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

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Jun 26, 2018
W. Whitfield Hyman's answer
I just had won case with a similar situation. I think he should appeal this as an illegal sentence.

What day did this happen?

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

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Jun 14, 2018
W. Whitfield Hyman's answer
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."

It is a misdemeanor, but I don't know which part of that chapter you're charged with there are several offenses.

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

1 Answer | Asked in Criminal Law for Arkansas on
Answered on May 20, 2018
W. Whitfield Hyman's answer
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.

Q: Parole officer came to visit my ex''s friend but my girlfriend let them in and they called police and put paraphernalia

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arkansas on
Answered on May 11, 2018
W. Whitfield Hyman's answer
Only if you get a not guilty on the criminal charges and only if the people who helped planted the drugs were city employees.

Probably can't sue the city unless you can prove they had a custom or policy of doing this. However you would be able to sue the individuals responsible and they are probably insured by the city.

Q: Can you the other parent file for emergency custody if the other parent got a DWI but the kids were not in his care

2 Answers | Asked in Child Custody and DUI / DWI for Arkansas on
Answered on Apr 15, 2018
W. Whitfield Hyman's answer
You can, I don't think any judge would grant it.

Q: Yesterday police came to my apartment saying they were called due to complaint of weed smell coming from my apartment.

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Apr 3, 2018
W. Whitfield Hyman's answer
Yes, they can lie to you and charge you later.

I don't know, it depends on the prosecutor and judge in your city and county.

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