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Questions Answered by Stewart Whaley
1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: i got charged battery in the 2nd. is that a Crimial law or somthing else
Stewart Whaley
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Stewart Whaley
answered on May 14, 2018

It is a criminal charge. Class D felony punishment up to 6 years in prison and up to $10,000.

A Class D is the "lowest" felony classification (in order of bad-to-worst: D, C, B, A, Y).

Do not talk to anyone about what happened (friends, family) and don't post any...
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1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Arkansas on
Q: Lets say u stay with a significant other what are the laws on video servalince ?
Stewart Whaley
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Stewart Whaley
answered on May 14, 2018

First, consult a lawyer on this issue.

Consider Ark. Code Ann. § 5-16-101. Crime of video voyeurism

It is gives many scenarios where video is illegal, yet is has an exception for security monitoring when an occupant is operating or directing it (see section (d)(2)).

What...
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1 Answer | Asked in Child Support for Arkansas on
Q: Can I put the real father on childsupport if I'm married but not with my husband
Stewart Whaley
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Stewart Whaley
answered on May 13, 2018

The question is a bit unclear. If the child was born while you were married, your husband is presumed the father.

However, it is possible to establish that the other man is the father's child and establish child support.

2 Answers | Asked in Domestic Violence for Arkansas on
Q: When det. interview me I said I didn't remember, so my ex wldnt get trble.Can I go bk 2 yrs later and re file charges ?

He was arrested at time but I didn't want him in trouble cause I was scared of him. Now I'm free and in therapy. Can I refile now that I'm strong enough to admit what he did?

Stewart Whaley
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Stewart Whaley
answered on May 13, 2018

It depends on the alleged crime (see link at bottom).

The statute of limitations for misdemeanors is 1 year, so those are out.

If a felony, the time limit could be 3 years or unlimited.

See: https://law.justia.com/codes/arkansas/2017/title-5/subtitle-1/chapter-1/section-5-1-109/

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1 Answer | Asked in Divorce for Arkansas on
Q: i need a divorce i make about $200 a week gross. I really dont have any money never been abused or anything.
Stewart Whaley
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Stewart Whaley
answered on May 6, 2018

Arkansas allows for limited-scope representation.

It may be possible to have an attorney draft the necessary documents on your budget, especially if you arrange for this to be paid and produced over a period of time (pay for drafting the complaint, file when you can afford the filing fee,...
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1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: What can be done if a 6 week summer visitation conflicts with required extra curricular school practices?

The ncp lives 2 states, 20 hour drive, away and the 13 year-old is on the cheerleading team. She only has 4 weeks in a row free from practice. The visitation agreement states 6 weeks in the summer. This was mediated when the child was 6. What options does the custodial parent have?

Stewart Whaley
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Stewart Whaley
answered on May 6, 2018

The best option will always be mutual agreement.

Options:

1. Quit the activity.

2. Talk to the NCP and work out a schedule that gets the NCP 6 weeks total time (3 and 3, 4 and 2, etc) or some other arrangement. If you can both agree to an alternate schedule, 6 contiguous...
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1 Answer | Asked in Criminal Law and Car Accidents for Arkansas on
Q: Is it against Arkansas law to leave a engine running car unattended ?
Stewart Whaley
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Stewart Whaley
answered on Apr 17, 2018

Yes. See 27-51-1306. Unattended motor vehicles.

1 Answer | Asked in Criminal Law, Federal Crimes and White Collar Crime for Arkansas on
Q: Can a judge in Arkansas reside over 2 cases. One is a criminal and the other is a dhs case.

The judge terminated my parental rights and in my other case would not grant a direct verdict in my favor after the state failed to provide evidence.

Stewart Whaley
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Stewart Whaley
answered on Apr 16, 2018

Yes. Generally, a judge can preside over two cases, where one is criminal and the other DHS.

Some excerpts from a 2015 Arkansas Court of Appeals opinion, regarding a judge residing over a criminal and dependency-neglect case involving the same adult and child, show that the bar for...
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1 Answer | Asked in Criminal Law on
Q: When a sex offender moves from a state with lifetime registration, where has been registering for MORE than 10 years

to a state which has a 10 year registration period, is he free from registration requirements in his new state of residence?

Stewart Whaley
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Stewart Whaley
answered on Apr 15, 2018

Maybe/ maybe not.

This is completely dependent on the new state’s sex offender registration statutes.

1. Hire an attorney, versed in sex offender issues, in new state before moving to the new state.

2. Do not try to interpret this yourself.

3. By law (or to be...
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1 Answer | Asked in Sexual Harassment for Alabama on
Q: NY resident in Alabama state?

I have permanent residency in the state of New York, with a level III sexual misconduct violation. I work in Alabama but have no residency in Alabama. Law-enforcement in Alabama seems to think I need to register as a sex offender in Alabama even though that is not a registrable offense in New... View More

Stewart Whaley
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Stewart Whaley
answered on Apr 15, 2018

I am not licensed in AL. I deal with Sex Offender Registration (SOR) in Arkansas only.

Hire an AL lawyer with experience in SOR issues.

Do NOT rely on lack of registrarion requirement in NY or the “my residence is not in Alabama” game. Reside/residence/temporary...
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1 Answer | Asked in Criminal Law for Alabama on
Q: Sex offender status question

An individual is convicted of a felony sex crime in a state "A" that does not require sex offender registration for the offense. After completing the sentence set forth by state "A" , the individual is released from all legal restrictions. Due to a job offer, he decides to... View More

Stewart Whaley
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Stewart Whaley
answered on Apr 15, 2018

I’m not licensed in Alabama, but generally, for my clients moving in/out of Arkansas I see issues where state B’s require registration for the same or similar offense. Even if the crime of conviction did not require registration in State A, be very, very careful about what state B will do.... View More

1 Answer | Asked in Traffic Tickets for Arkansas on
Q: I live out of state and completely forgot about a speeding ticket I received in Arkansas. How do I clear up the warrant?

I want to stop the pending license suspension from happening since it was truly an honest mistake!

Stewart Whaley
PREMIUM
Stewart Whaley
answered on Apr 15, 2018

Hire an attorney to appear for you on the Failure To Appear (FTA) warrant, so you don’t have to come here. Once the warrant is settled, said atty can work on resolution of the charge.

==========================

I’m a lawyer. I’m not your lawyer. This is my opinion and not legal advice.

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
Stewart Whaley
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Stewart Whaley
answered on Apr 15, 2018

As mentioned, this fact alone is unlikely (virtually guaranteed) a loser. Where is the direct harm to the kids?

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1 Answer | Asked in Traffic Tickets for Arkansas on
Q: what's the penalty for a ticket for drug paraphernalia. ( an unused marijuana pipe
Stewart Whaley
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Stewart Whaley
answered on Apr 15, 2018

An “unused” pipe (no residue) in my world is for tobacco...

If the charge is 5-64-443 and the substance is marijuana it is a class A misdemeanor

1 Answer | Asked in Criminal Law for Arkansas on
Q: can a felon hunt with a cross bow in Arkansas

can a felon use a crossbow in arkansas

Stewart Whaley
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Stewart Whaley
answered on Apr 15, 2018

The answer is not clear.

A reading of the Arkansas code would lead the public to conclude “yes,” because a crossbow doesn’t fire projectiles by explosion and probably isn’t easily converted to do so.

HOWEVER, crossbow carry by felons is not that simple. There are...
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1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: How many hours of parenting classes are required by the state of Arkansas when seeking joint parental rights
Stewart Whaley
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Stewart Whaley
answered on Apr 14, 2018

The court may require parents attend at least two hours of parenting class, or, submit to mediation. By the way, the TransParenting course usually assigned in Pulaski County is 4 hours.

1 Answer | Asked in Family Law and Child Support for Arkansas on
Q: Can child support be stopped if the child has turned 18, moved into her own house, but is still in school?
Stewart Whaley
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Stewart Whaley
answered on Apr 14, 2018

Moving into her own house doesn't change anything.

If 18 and "school" means high school then you will continue paying, see § 9-14-237(a)(1)(B)

"If the child is still attending high school, upon the child's high school graduation or the end of the school...
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1 Answer | Asked in Child Custody and Child Support for Arkansas on
Q: I been trying to see my daughter and take care of her but her mother won’t let me since I’ve moved on with my life

And gotten married my daughter turned a year in March and I couldn’t see her or talk to her because of her mother I have messages in my phone that she sent saying my daughter won’t be in my life anymore now she sent child support papers in the mail but won’t give me a chance to see it take... View More

Stewart Whaley
PREMIUM
Stewart Whaley
answered on Apr 14, 2018

If paternity has been established (if not, it will be by the time you are paying child support) you can petition the court for visitation. You'll need to prove several factors, including: you are a fit parent, can care for and nurture the child, provide financial support, etc.

1 Answer | Asked in Criminal Law, Federal Crimes, White Collar Crime and Juvenile Law for Arkansas on
Q: Can a 17 year old with no prior criminal background be sent to prison?

House robbery

Stewart Whaley
PREMIUM
Stewart Whaley
answered on Apr 14, 2018

Yes, depending on the crime. Juveniles can no longer be sentenced to life without parole in Arkansas. They can still be sent to prison. Having no criminal background helps when negotiating a plea without prison time, if you go to trial and during sentencing, if convicted

1 Answer | Asked in Criminal Law and Traffic Tickets for Arkansas on
Q: If someone has a fleeing on foot 2nd offense,expired tags no insurance and driving on suspended can he be violated with

A parole hold can he be violated even if the charges are misdemeanors and he already been given 15 flat days and a pay before release can he be violated once he already face his charges and fines

Stewart Whaley
PREMIUM
Stewart Whaley
answered on Apr 14, 2018

He can be violated if he is convicted of a new offense or violates any condition of parole. It sounds like that is exactly what happened, unfortunately. www.paroleboard.arkansas.gov/FAQs/

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