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Questions Answered by W. Whitfield Hyman
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
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
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
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
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
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... Read more »

W. Whitfield Hyman
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
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
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
W. Whitfield Hyman answered on Sep 13, 2017

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

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can a partime 2 law enforcement officer search and seize anything in a citizens vehicle?

I got a phone call from a blocked number stating a man that searched my vehicle was not a cop.

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

Probably not if he was an auxiliary law enforcement officer that was not accompanied by another full time law enforcement officer or if he acted contrary to the directions of a full time law enforcement officer that was present.

2 Answers | Asked in Criminal Law and Domestic Violence for Arkansas on
Q: Average sentence for battery in 2nd degree

No prior prison but 4 battery charges as misdemeanors in 20 yrs

W. Whitfield Hyman
W. Whitfield Hyman answered on Aug 19, 2017

Nobody can answer that with any relevance to you except maybe a lawyer familiar with your prosecutor, judge, and facts of your case.

Where I practice you could be facing anything from probation to 6 months in jail and prison depending on the facts, judge, and prosecutor you get.

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1 Answer | Asked in Civil Rights, Constitutional Law, Libel & Slander and Criminal Law for Arkansas on
Q: How to get a Terroristic Act that someone else admitting to doing at the trial, sealed from my record?

I have Power of Attorney for My fiancé, how do I go about helping him to get a Terroristic Act that he did not commit (sealed) from his record? He did not commit the crime & the person who actually did do it, attended the hearing and testified that he did it and not my fiancé. Currently my... Read more »

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

If it is a misdemeanor conviction you have at least 90 days of waiting after you file for the expungement (in this case, a seal) before it is granted, if it even would be with pending charges. If it is a felony then you might have other issues you will run into that will prevent you from sealing... Read more »

1 Answer | Asked in DUI / DWI and Domestic Violence for Arkansas on
Q: Can I get a concealed carry license in arkansas with misdemeanors on my record? Dwi 1st 03/13 and DB3 1st 01/16
W. Whitfield Hyman
W. Whitfield Hyman answered on Jul 7, 2017

If DB3 stands for domestic battery 3rd them you can't even legally own, possess, or touch a firearm in any state in the union until you get a pardon from the governor, which is not uncommon.

1 Answer | Asked in Business Law, Civil Rights and Employment Discrimination for Arkansas on
Q: HR&Ethics no action when reported boss. He's been reported previously and nothing done. EEOC case WM forced admin lv.

I was placed on Paid Admin Leave when WM learned I have EEOC case. I've learned someone has taken my job. I can't understand how this has happened to me. I followed Code of Ethics and rules and my career is over. My boss has been reported previously. Open doored last year. I began... Read more »

W. Whitfield Hyman
W. Whitfield Hyman answered on Jun 15, 2017

I suggest Steven Woods in Rogers, he practices employment law and will be able to help if you have a case.

1 Answer | Asked in Criminal Law for Arkansas on
Q: What is possession of a controlled substance 5644195iii?
W. Whitfield Hyman
W. Whitfield Hyman answered on May 23, 2017

Sounds like possession of a schedule iii drug which can be a misdemeanor but is often a felony based on the amount.

Here are a list of schedule iii drugs:...
Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: What Arkansas law cover the act of retail return fraud?
W. Whitfield Hyman
W. Whitfield Hyman answered on Apr 29, 2017

If I had to guess, theft by deception. http://law.justia.com/codes/arkansas/2014/title-5/subtitle-4/chapter-36/subchapter-1/section-5-36-103

1 Answer | Asked in DUI / DWI and Juvenile Law for Arkansas on
Q: Is it illegal for a minor in Arkansas to possess an empty wine bottle that is completely devoid of alcohol?

I am a college student and I am appealing a sanction put on me because I currently have a wine bottle filled with Christmas lights that I received as a gift. The violation is a "Violation of the Alcohol Policy." I reviewed the Student Handbook for my university and there are only two... Read more »

W. Whitfield Hyman
W. Whitfield Hyman answered on Apr 19, 2017

It is not against the law to have the bottle. If they still find you guilty you can possibly sue under the administrative procedures act if their decision to punish you was arbitrary and capricious.

They might have entered your dorm room illegally in violation of the 4th Amendment even if...
Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Arkansas on
Q: Is a unloaded firearm considered a illegal weapon?

I plan on getting my CCW permit in the next month or two but I am broke right now. Can I carry my pistol concealed if it is unloaded in my holster and the magazine is in a separate pocket?

W. Whitfield Hyman
W. Whitfield Hyman answered on Apr 17, 2017

As long as you haven't been convicted of any disqualifying crimes, you can carry a gun openly and loaded just avoid colleges, publicly owned buildings, areas around k through 12 schools, places with signs prohibiting weapons, and the parking lots of those areas and you'll be fine.... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arkansas on
Q: Is it illegal to not identify to a police officer in Arkansas
W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 28, 2016

It depends on a lot of different factors. If you do not have a concealed carry license, are not the driver of a car that has been pulled over, are not loitering under the statute or otherwise possibly violating the law in a way that can be observed by someone else then probably not unless there has... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Arkansas on
Q: Where can I find a stop and identify law or code
W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 28, 2016

It's kind of a misnomer. It could refer to the Obstructing Government Operations statute where you can't falsely identify yourself, the Loitering statute where it says that if you don't identify yourself that is a factor in whether or not you are loitering, or the concealed carry... Read more »

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