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Questions Answered by W. Whitfield Hyman

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 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 they are...
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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 answered on Apr 15, 2018

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

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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 going to... Read more »

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 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 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 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 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 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 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 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?

1 Answer | Asked in Constitutional Law and Education Law for Arkansas on

Q: Do I have enough for a civil suit?

My son took mega death hot sauce to school and got suspended for 3 days for subversion because other teenagers tried it and got sick. I asked for the item back and the school said it was confiscated and used a police officer to stop me from taking it. My son did bring the hot sauce but did not... Read more »

W. Whitfield Hyman answered on Nov 6, 2017

They have to intend to permanently deprive you of the hot sauce in order to violate your property rights.

I have no idea if they can suspend over hot sauce or not, but it sounds ridiculous.

1 Answer | Asked in DUI / DWI and Traffic Tickets for Arkansas on

Q: I went to court for a traffic violation. I pleaded not guilty. The traffic violation date was reset for trial . After I

Pleaded not guilty. I was surprised when I was charged with failure to comply on another issue. I was taken to jail and given a new court date for the failure to comply. I bonded out . My question is , will I go to jail again when I go to this new court date for failure to comply ? After being put... Read more »

W. Whitfield Hyman answered on Nov 4, 2017

You have not provided enough details for anyone to answer this question. The only way a lawyer could answer any of this is if you hired him to go talk to the prosecutor.

1 Answer | Asked in Criminal Law for Arkansas on

Q: How do i find a probono lawyer in arkansas

W. Whitfield Hyman answered on Oct 31, 2017

For criminal law that is called a public defender.

1 Answer | Asked in Civil Rights for Arkansas on

Q: Can city code enforcement demand your identification when on your property?

It is routinely done in my city. Code enforcement demands your identification on private property, stating that if you do not comply you will be arrested and charged with obstruction of government operations.

W. Whitfield Hyman answered on Oct 16, 2017

Only if they suspect you of a violent crime or destruction of property or theft.

1 Answer | Asked in Criminal Law for Arkansas on

Q: If a defendant is under a SIS and has not been yet convicted of but is incarcerated for a new charge can it be revoked?

SIS is 5 years and for aggravated assault and new charges pending is attempted murder can the SIS be revoked before the defendant is convicted?

W. Whitfield Hyman answered on Oct 14, 2017

Yes.

3 Answers | Asked in Criminal Law and Military Law for Arkansas on

Q: Class C felony forgery keeping me from enlistment of military

When I was 19 I got convicted for class C felony for forgery and the state of Arkansas is the one that picked up the charges when the owner dropped the charges. I was in the National Guard at the time and the guard said they couldn't do anything about it it has now been six years later and I've... Read more »

W. Whitfield Hyman answered on Sep 30, 2017

If you get a pardon from the governor you might be able to reenlist, otherwise you would need to do a writ of error coram nobis because it has been so long.

A writ of error coram nobis is available for addressing certain errors that are found in one of four categories:

(1)...
Read more »

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1 Answer | Asked in Criminal Law and Traffic Tickets for Arkansas on

Q: I'm in Arkansas an if I get pulled over for a broken tail light do I have to identify myself?

W. Whitfield Hyman answered on Sep 25, 2017

If you are the driver, yes.

1 Answer | Asked in Criminal Law for Arkansas on

Q: i got a public intoxication in clark co. Arkansas last night Statute 5-71-212 My ? is do i just have to pay a fine

W. Whitfield Hyman answered on Sep 24, 2017

Depends on the facts, if you were a particularly severe case of public intoxication then things could go poorly foryou. Also, you might not be guilty, read this and find out:... Read more »

1 Answer | Asked in Criminal Law for Arkansas on

Q: can i sue if my charges are null processed

but i was arrested in april in an attempt to charge me with the same charge

W. Whitfield Hyman answered on Sep 13, 2017

Potentially. I'd have to know a lot more.

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