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Questions Answered by W. Whitfield Hyman
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:...
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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... View 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...
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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.... View 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... View 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... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: Is having there seeds enough to test and charge u for p o c s . .

It was found n the pocket of a borrowed flannel

W. Whitfield Hyman
W. Whitfield Hyman
answered on Dec 25, 2016

In Arkansas the seeds have to be viable, as in, able to germinate and grow, in order to be considered PCS.

3 Answers | Asked in DUI / DWI and Car Accidents for Arkansas on
Q: If you get in an auto accident causing property damage and your BAC is .07, can you be convicted of DWI?

The citation lists Arkansas statute 5-65-103 as the code violated.

W. Whitfield Hyman
W. Whitfield Hyman
answered on Sep 7, 2016

Yes, it is possible. The prosecution will try to prove using retrograde extrapolation that you were over .08 at the time of the accident or that for you .07 is enough alcohol in your bloodstream to be intoxicated.

I would suggest hiring a lawyer who can give your case the attention to...
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