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Arkansas Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Family Law for Arkansas on
Q: Do I need a lawyer to appeal a child maltreatment finding in Arkansas?

I need to know if I need a lawyer to appeal a child maltreatment finding against me. The finding involves us not giving our son his medicine and my daughter being a failure to thrive. The deadline for the report was today, and I haven’t initiated any appeal yet. DHS is sending information about... View More

James L. Arrasmith
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answered on Jun 12, 2025

You’re facing something serious, and it’s good that you’re asking questions now, even if the deadline is tight. In Arkansas, you *do not* have to have a lawyer to appeal a child maltreatment finding, but having one can help guide you through the process, especially when the consequences can... View More

1 Answer | Asked in Criminal Law, Civil Rights and Appeals / Appellate Law for Arkansas on
Q: Charged with theft despite not stealing; what can I do in Arkansas?

I was in a situation where my boyfriend was caught stealing from Walmart in Arkansas. I tried to dissuade him, but we were both charged with theft even though I did not take anything. In court, my boyfriend admitted that I was telling him not to steal. Despite this, I was still found guilty because... View More

James L. Arrasmith
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answered on Jun 11, 2025

What happened to you sounds deeply unfair, and you’re not alone—many people don’t realize their rights were violated until after the fact. In Arkansas, if you were charged and convicted without being offered a lawyer, that’s a major issue. The Sixth Amendment guarantees your right to legal... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Arkansas on
Q: Can I get charges for possession dropped if I wasn't home during the search?

I am currently on felony probation, and in 2020, my house was searched because my mom found pipes and went to the police department. There were three other people living in the house at that time, and my mom stated it belonged to a girl staying there. I was not home during the search and was... View More

James L. Arrasmith
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answered on May 15, 2025

If you were not present during the search and were unaware of the situation, you may have a basis to challenge the charges. However, it will depend on whether there is sufficient evidence to link you to the items found during the search. Since the items were not directly tied to you and the search... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Gov & Administrative Law for Arkansas on
Q: What Arkansas law addresses due process rights in nonprofit fraternal organization suspension cases?

In a nonprofit fraternal organization, I was suspended from my office by the president for alleged disrespect without receiving any written notice of the specific actions of disrespect, nor was I provided a hearing. The organization’s rules state that every member accused of any action is... View More

James L. Arrasmith
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answered on May 15, 2025

In Arkansas, nonprofit fraternal organizations typically have their own bylaws that govern how disputes, suspensions, or expulsions are handled. Due process in this context would generally refer to the rights outlined in the organization’s rules and regulations, which should include the right to... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Contracts for Arkansas on
Q: Can I challenge suspension from an unincorporated association in Arkansas without evidence or warnings?

I am an equal member of an unincorporated association, with hereditary rights granting me full privileges of private use for life, passed down through many generations. Recently, I received a formal decision by mail stating that I am to be suspended, ejected, and evicted from the association. This... View More

James L. Arrasmith
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answered on Apr 1, 2025

Your membership in an unincorporated association with hereditary rights creates a potentially enforceable property interest under Arkansas law, which may be protected against arbitrary termination without due process. Arkansas courts have recognized that private associations must follow their own... View More

1 Answer | Asked in Appeals / Appellate Law and Divorce for Arkansas on
Q: Can I appeal the property division in my divorce case?

I would like to appeal the property division in my finalized divorce case. Some specific assets were not divided fairly, and I have evidence that supports an appeal. What steps should I take to appeal based on property division, and are there specific time limits I should be aware of in my... View More

Aaron Bundy
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answered on Feb 17, 2025

You should consult with an Arkansas appellate lawyer promptly. There are strict time constraints that govern an appeal. The strength of your appeal will largely be determined by evidence that was offered in the trial of your case.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Arkansas on
Q: Do lawsuit filing fee need to be paid in full by an inmate before a date is set?
James L. Arrasmith
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answered on Sep 1, 2024

When filing a lawsuit from prison, you generally do not need to pay the entire filing fee upfront for the case to proceed. Instead, you may be eligible to file under the "in forma pauperis" status, which allows you to pay the fee in smaller installments. The court will review your... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Banking and Communications Law for Arkansas on
Q: I need all "affairs" or like connections making me sad removed from existence. And along with my instant remorts arrest

I unlimited funds for our beings happiness in all ways of existing and nobody to tell us about dirty secrets of ppl we thought we'd want to know while still in a torture war zone. 7765 Kerr station road Cabot AR 72023. And I'm a aprinceass. Minden tharp is huge guilty. Anybody who ever... View More

James L. Arrasmith
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answered on Mar 2, 2023

I'm sorry, but I'm having difficulty understanding your request. It's not clear what specific action you want to be taken or what problem you're trying to solve. It's important to communicate your concerns and requests clearly and respectfully. It's also important to... View More

1 Answer | Asked in Appeals / Appellate Law for Arkansas on
Q: Appeals court AR- reversed in part, affirmed in part. How does a new order with the appeals revisions come about?

Hearing May 2021 awarding father joint custody after moving with a distance of childrens school. Father does, begins joint. Mother appeals courts decision. Appeals court reversed in part, affirmed in part. Reversed the distance requirement but agreed custody should have changed but without the... View More

Charles William Michaels
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Charles William Michaels
answered on Aug 8, 2022

I would think that the appellate court would issue an order, stating precisely what has to be done in the trial court.

1 Answer | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for Arkansas on
Q: Can a termination of parental rights stand if there is insufficiency of process services?
Geoffrey D. Kearney
Geoffrey D. Kearney
answered on May 10, 2021

As is so often the case in legal matters, it depends. Arkansas law, like that of many states, takes the obligation to serve a responding party quite seriously, and failure to serve can be a basis for reversal on appeal. However, Arkansas’ appellate courts are also strict about the circumstances... View More

1 Answer | Asked in Appeals / Appellate Law for Arkansas on
Q: The appeal tribunal didn’t tell me about the evidence that was against me
Tim Akpinar
Tim Akpinar
answered on Mar 20, 2021

An Arkansas attorney could advise best, but your post remains open for a week, and if you're dealing with appeals as a general matter, time is usually very much of the essence in taking steps to preserve your rights. From the description, it isn't fully clear what type of matter this... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Small Claims for Arkansas on
Q: Is there a way I can address ta bench warrant/writ of bodily attachment without going to jail?

I apparently have a bench warrant and writ of bodily attachment from 2011, at that time in my life I was very heavily an IV drug abuser, homeless, jobless... Now I have a full time job, an apartment, custody of my child and I’m a single mother, father of my child can’t be found so I need to... View More

James E Hensley Jr
James E Hensley Jr
answered on Mar 8, 2021

It sounds like you have done well for yourself. Thanks for reaching out. The answer is yes but with a caveat that many Judges make you show up to have the warrant served on you. We need to know the charges and where the case is located. For instance, if you have misdemeanor charges in Conway, there... View More

1 Answer | Asked in Criminal Law, Libel & Slander, Family Law and Appeals / Appellate Law for Arkansas on
Q: I was forced to plead guilty to a felony but the person or victim now says they lied on me an would tell them what 2 do?

Felony on husband aggravated assault. We had both been drinking n he lied on me later on a court date I was n rehab due to court order from mis court n was issued a fta felony judge n lawyer said if I didn't plea guilty id set n county for 4 months waiting on a court date my rehab was over 100... View More

Gary Kollin
Gary Kollin
answered on Oct 30, 2019

You have a lawyer to whom you should be speaking

Q: Can you file on criminal fines? Like misdemeanor Charges?

Yes sir my name is Todd Buie. Got a quick question??? I have $7,000 in old fines, $13,000 in student loans from 6 years ago, an about $9,000 in medical bills. All this stuff is from around 2012. I got into some trouble an had to do around 3 years in prison. I been out for a couple years, no trouble... View More

Timothy Denison
Timothy Denison
answered on Mar 22, 2019

You cannot discharge the old fines not can you discharge the student loans. The medical bills should be dischargeable.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Domestic Violence for Arkansas on
Q: When declaring someone in Arkansas's address. What should law enforcement go by?

Does a person, who is a guest at a residence, have the right to concent a legal search?

Stewart Whaley
Stewart Whaley
answered on Jun 12, 2018

It depends on what happened. If consent is voluntary (state must prove) and the person is apparently authorized to give consent, the search is probably legal (see Arkansas Rules of Criminal Procedure 11.2). Think about. If you give a guest access to a residence, what's the difference in... View More

1 Answer | Asked in Appeals / Appellate Law for Arkansas on
Q: how long does it generally take for the 8th circuit to grant right to appeal, not the appeal itself, but the right
James E Hensley Jr
James E Hensley Jr
answered on Feb 14, 2018

The eighth circuit does not require the granting of certiorari or the granting of CERT. As such you have the opportunity to appeal to them directly without permission. I believe you have 30 days after the order is entered at the district level. This should not be taking as legal advice. If you... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Juvenile Law for Arkansas on
Q: First appearance in fins court i tested positive.. and my children was removed by DHS is that illegal?

My daughter had fins filled on her for trudacy but there was no trudacy her teacher had quit and keep her doctors notes instead of turning them in. She will not make it to 10 grade. Because of this. But I lost custody of my children for the failing of one test.

Stefan K. McBride
Stefan K. McBride
answered on Mar 28, 2017

Even if they've been removed, the DHS goal is almost certainly reunification with you. You'll just need to pass some drug tests.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Arkansas on
Q: If I appeal a guilty verdict, will a charge that rec'd directed verdict in trial come back if the appeal is successful?

A felony trial ended in a guilty verdict. However, a separate charge in the trial received a directed verdict. I'm thinking of appealing the guilty verdict, however I'm worried that if my appeal is successful, the charge that received a directed verdict would be reinstated in a new trial. Thoughts?

Stefan K. McBride
Stefan K. McBride
answered on Mar 21, 2017

The State cannot appeal (or cross-appeal in this case) a verdict of non-guilty.

1 Answer | Asked in Child Custody, Family Law, Appeals / Appellate Law and Probate for Arkansas on
Q: Can a grandparent granted temporary legal guardianship file for full legal guardianship with no contact of the mother

They did file numerous motions culminating in a legal guardianship being granted to the grandparents and without the court ever one time in the whole procedure seeing the mother in court and has send all paperwork to the wrong address knowingly so the mother would not be informed of the proceedings... View More

James E Hensley Jr
James E Hensley Jr
answered on Apr 19, 2017

The guardianship laws in Arkansas have changed in the last few years. Terminating a guardianship is a lot easier now. Contact an Arkansas attorney to discuss. The law is now on the side of a parent who is fit to care for the child. If that parent consented to the guardianship, it helps also.... View More

1 Answer | Asked in Appeals / Appellate Law, Family Law, Gov & Administrative Law and Criminal Law for Arkansas on
Q: How do I file an appeal under the administrative procedure act? It's a child maltreatment case.
Glenn B. Manishin
Glenn B. Manishin
answered on Jan 10, 2017

If this is a federal agency decision, file a "petition for review" in the applicable circuit court of appeals under Rule 15 of the Federal Rules of Civil Procedure. Judicial review is governed by the Administrative Procedure Act, 5 USC 605 et seq. Note that you will have to establish the... View More

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