Lawyers, Answer Questions  & Get Points Log In
Questions Answered by W. Whitfield Hyman
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.

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... Read more »

W. Whitfield Hyman
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.

View More Answers

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
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
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

View More Answers

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
W. Whitfield Hyman answered on Aug 6, 2018

File for an expungement.

View More Answers

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
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
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
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...
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
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.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arkansas on
Q: Parole officer came to visit my ex''s friend but my girlfriend let them in and they called police and put paraphernalia

In my bag...I got arrested for nothing and then they planted meth in the cop car and said it was mine...can I sue the city?

W. Whitfield Hyman
W. Whitfield Hyman answered on May 11, 2018

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...
Read more »

2 Answers | Asked in Child Custody and DUI / DWI for Arkansas on
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
W. Whitfield Hyman
W. Whitfield Hyman answered on Apr 15, 2018

You can, I don't think any judge would grant it.

View More Answers

1 Answer | Asked in Criminal Law for Arkansas on
Q: Yesterday police came to my apartment saying they were called due to complaint of weed smell coming from my apartment.

They asked if they could search I said no, I gave them the roach that I had along with my papers and rolling tray. They told me if I called a number they would forget it all and I wouldn't go to jail, i agreed because they waited until my children had gotten home before they said they were... Read more »

W. Whitfield Hyman
W. Whitfield Hyman answered on Apr 3, 2018

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.

1 Answer | Asked in Criminal Law and Personal Injury for Arkansas on
Q: my 16 year old daughter got assaulted by a grown woman in walmart parkig lot cops said theres nothig they can do

is there anything i can do

W. Whitfield Hyman
W. Whitfield Hyman answered on Apr 3, 2018

You can pay an attorney to sue her.

1 Answer | Asked in Civil Rights and Criminal Law for Arkansas on
Q: Can county police enter a third party residence with Only arrest warrant no search warrant only arrest warrant?

With an arrest warrant only to look for someone With no consent from home owner

W. Whitfield Hyman
W. Whitfield Hyman answered on Feb 28, 2018

Maybe, I'd have to know a lot more.

1 Answer | Asked in Criminal Law for Arkansas on
Q: My 19 yr old son just got arrested. 2 possession controlled substance, 1 possession paraphanelia

What's the worst case scenario for him? He's a first timer

W. Whitfield Hyman
W. Whitfield Hyman answered on Jan 26, 2018

Impossible to answer without knowing which controlled substance, how much of it, and in which county.

1 Answer | Asked in Criminal Law for Arkansas on
Q: im facing trafficking with simotanious gun chargers can you give me a idea as to what im facing financially
W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 3, 2017

You're looking at 10 to 40 years or life in prison.

The costs for an attorney will depend on where you're charged.

1 Answer | Asked in Criminal Law and DUI / DWI for Arkansas on
Q: Any way possible to get my revoked CCW back after weapon was in my vehicle during a DWI?

I was arrested for DWI while my pistol was in my middle console. They took my CCW and sent it to Little Rock. Now it is revoked. Any way possible to get it back?

W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 1, 2017

Yes you can have an administrative hearing and then appeal their decision to circuit court if you don't agree with the outcome.

1 Answer | Asked in Criminal Law for Arkansas on
Q: How do I get my gun rights back. I got 3rd degree felony for posession in Texas in 2004. I live in Arkansas.

I have no other felonys.

W. Whitfield Hyman
W. Whitfield Hyman answered on Nov 20, 2017

Texas will have to restore your rights, ask a lawyer there.

1 Answer | Asked in DUI / DWI for Arkansas on
Q: I was wondering if my old DUI ticket in Arkansas has a statute of limitations even though I have paid the fine.

Arkansas won't release my DL since 1993 Ashdown, AR.

W. Whitfield Hyman
W. Whitfield Hyman answered on Nov 12, 2017

Depends on the reasons why they suspended it or are still suspending it.

Have you paid the reinstatement fee? Have you taken the classes? Have you complied with everything else the court wanted you to do?

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.