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Arkansas Civil Rights Questions & Answers
0 Answers | Asked in Civil Rights for Arkansas on
Q: 09/11/2024 I WENT TO JAIL I WAS CHARGE OBSTRUCTING GOVERNMENT OPERATION..

MY DAD HAS DEMENTIA HIS AIDE CALL ME THE DAY IN QUESTION AND TOLD ME THAT POLICES WERE AT THE HOUSE. I CAME HOME THEY CLAIM TO HAVE A SEARCH WARRANT (THEY DID). I HAD TO ASK FOR IT THEY TOLD THE AIDE THEY WERE DOING A WELLNESS CHECK TO GET INSIDE THE HOUSE. EVENTLY, THE SEARCH WARRANT WAS TOLD TO... View More

1 Answer | Asked in Civil Rights, Communications Law and Education Law for Arkansas on
Q: My son goes to a charter school. They just issued “yonder pouches” for cell phones to keep locked away during school.

This is nowhere in the handbook and I feel as tho it’s not quite legal for them to lock away a phone that I technically own and pay for. Last week they didn’t unlock it for him and we had to break into the pouch to get his phone out. Is what they’re doing legal? I’ve had several issues with... View More

James L. Arrasmith
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answered on Oct 24, 2024

It's understandable to feel concerned about your son's school policy regarding cell phones. School administrations often implement rules to minimize distractions and maintain a conducive learning environment. However, the specific method they use, like locking away phones, should... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Election Law for Arkansas on
Q: An I sue the government for gender discrimination for voters

Selective service is required for men to vote yet not for women how is that fair

James L. Arrasmith
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answered on Oct 24, 2024

You have every right to seek fairness in the voting process. It's important to clarify that selective service registration is not a requirement for voting in the United States. Men are required to register for the selective service system, but this obligation is separate from their voting... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Arkansas on
Q: If the police come to your house with a search warrant can they say they are conducting a wellness check!!!

The police came to my house to do a DNA on my Dad who has dementia and bed ridden. They had a search warrant the aide let them in and I can hear them on the camera telling her they are doing a wellness check. I came home and told them to leave and they told me they had a search warrant..

James L. Arrasmith
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answered on Oct 17, 2024

When police arrive at your home with a search warrant, they are authorized to conduct their investigation as specified in that warrant, even if they initially say it's for a wellness check. A wellness check is usually meant to ensure someone's safety, but having a valid search warrant... View More

1 Answer | Asked in Animal / Dog Law, Civil Rights, Health Care Law and Landlord - Tenant for Arkansas on
Q: Can I sue my apt complex if they refuse to do anything about cigarrette smoke & dirty dog smells coming thru my vents?

I've had a problem with cigarrette smoke coming through my vents for weeks now and I've emailed my apartment manager detailing the evnts as they occur. When I first brought this issue to her attention, she denied that the cigarrette smoke was coming through the vents without stepping foot... View More

James L. Arrasmith
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answered on Sep 22, 2024

You might have grounds to take legal action if your apartment complex is not addressing the cigarette smoke and dog odor issues. Your health and ability to enjoy your home are important, and the management has a duty to ensure that the property is safe and habitable. If the smells are persistent... View More

1 Answer | Asked in Consumer Law, Personal Injury, Arbitration / Mediation Law and Civil Rights for Arkansas on
Q: Cash up sent me two statements one saying they took money out of my account the other saying the bank denied it and now

Now ignoring me and I want my money back and I'm wondering if I have any legal recourse seeing as how they straight up lied to me

James L. Arrasmith
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answered on Sep 20, 2024

It sounds like you're dealing with a frustrating situation. If Cash App is sending mixed messages and refusing to address the issue, your first step should be to gather all the evidence you have, including the two statements and any other communications. This will help you build a strong case... View More

1 Answer | Asked in Civil Rights for Arkansas on
Q: What change will Issue 2, if it passes in November, make to existing law regarding voter IDs?
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answered on Aug 31, 2024

If Issue 2 passes in November, it will change the existing voter ID laws in Ohio by amending the state constitution. Currently, Ohio law requires voters to present identification at the polls, but it allows for a variety of IDs, including those without a photo. Issue 2 seeks to tighten these... View More

1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Constitutional Law for Arkansas on
Q: What type of attorney for a case that the police shot and killed my mom's dog that was on a lead line in his own yard?

Just for clarification, the cops were called on a completely unrelated matter (property line dispute) which had nothing to do with Otis Brown (her dog). They had been on scene about 30 mins before they shot her dog. They even took/seized his dead body! My Mom did file a report but apparently it... View More

James L. Arrasmith
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answered on Aug 31, 2024

To pursue justice for your mom, you might want to look for an attorney experienced in civil rights law, specifically one who has handled cases involving police misconduct. The shooting of your mom’s dog, especially while it was on a lead line in its own yard, could potentially be a violation of... View More

1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Arkansas on
Q: I was arrested and placed in lock down with no bedding
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answered on Aug 31, 2024

Being arrested and placed in lockdown without bedding can raise concerns about your rights and the conditions of your detention. The Eighth Amendment of the U.S. Constitution prohibits cruel and unusual punishment, which can include inhumane treatment while in custody. If you were deprived of basic... View More

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?
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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 Civil Rights, Constitutional Law and Criminal Law for Arkansas on
Q: If I was set up by police what do I do?

Original charge of PI that's why I let them deep pocket search me they said it was too see if there was anything needing to stay in my car bc I would be back in 6 hours. I can't say 100% but I believe I had left the tiny tiny baggie in my car. I didn't need it. Was 4 days clean... View More

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answered on Aug 5, 2024

If you believe you were set up by the police, it's important to take immediate steps to protect your rights and build your defense. First, document everything you remember about the incident in as much detail as possible. This includes the sequence of events, names and badge numbers of the... View More

1 Answer | Asked in Civil Rights for Arkansas on
Q: Can a police officer point a gun at a minor?

My son and his friend pulled up to a house and the police officer pointed a gun in his face and told him to put his f****** hands on the dash.

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answered on Jul 27, 2024

It's incredibly distressing to hear about your son's experience. In general, police officers are expected to follow strict guidelines and procedures when interacting with the public, especially minors. Pointing a gun at a minor can be considered excessive force unless there is an... View More

1 Answer | Asked in Civil Rights for Arkansas on
Q: I'm being charged with theft of property after said dog owners said they not want him back

I sold a puppy and the owners had him for 19-20 days. It had a seizure a few hours after me giving him his shot. I told them I'll take back puppy and refund your money the next day. They called and changed their mind and said they keep him. He had another one 19- days later. I took him to my... View More

James L. Arrasmith
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answered on Jul 27, 2024

Dealing with a charge of theft of property under these circumstances can be frustrating and stressful. The key points you should focus on are the documented communications and the veterinary evidence you have. Your text messages where the owners stated they did not want the puppy back are crucial,... View More

1 Answer | Asked in Civil Rights for Arkansas on
Q: Questions on sacred plant medicines and the RFRA

Hello,I am a member of the Church of the Sacred Plants, seeking a religious exemption to use psychedelic mushrooms under the Religious Freedom Restoration Act (RFRA). Our church has defined beliefs, rituals, and ethical practices centered on the spiritual and healing properties of sacred plants.In... View More

James L. Arrasmith
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answered on Jul 28, 2024

To proceed with your request for a religious exemption under the RFRA, start by thoroughly documenting your church's beliefs, rituals, and ethical practices related to the use of psychedelic mushrooms. Clearly articulate how these practices are central to your spiritual and healing traditions.... View More

1 Answer | Asked in Child Custody, Civil Rights, Domestic Violence and Government Contracts for Arkansas on
Q: I'm facing prosecution at any time for a debt that was accumulated and put upon me under the color of law.

There is a account that was to be divided that would of paid the made up debt placed on me only and I've taken legal route to have the money released to pay the debt, the government official refuses to sigh the form to have the money released to the state

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answered on Jul 28, 2024

It sounds like you’re in a tough situation, dealing with both a significant debt and uncooperative government officials. It's important to continue pursuing all available legal avenues to get the money released. If the account in question is legally supposed to be divided to pay off the... View More

2 Answers | Asked in Civil Rights for Arkansas on
Q: I am seeking guidance on how to legally protect my use of sacramental plant medicine under the RFRA.

I am seeking guidance on how to legally protect my use of sacramental plant medicine, such as psychedelic mushrooms, under the Religious Freedom Restoration Act (RFRA). I am a member of the Church of the Sacred Plants and want to understand the legal protections available for the religious use of... View More

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

# 1) Read https://law.justia.com/cases/federal/district-courts/FSupp/906/1494/2126785/ to consider whether the "Church of Sacred Plants" constitutes a "religion" protected by RFRA

# 2) Read https://supreme.justia.com/cases/federal/us/494/872/ to consider whether the...
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1 Answer | Asked in Civil Rights for Arkansas on
Q: I was stopped walking in to check in my hotel, & illegally searched & he found some contraband and arrested me.

He then searched my car and towed it. He had no probable cause as I had just left my church from a funeral, and they gave us a donation to get the hotel because my house burned down. It was not a traffic stop, and everything we didn't lose in the fire is in the car at the tow yard, we were... View More

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answered on Jul 28, 2024

First, you need to understand your rights. If the officer did not have probable cause or a warrant to search you or your car, the search might be considered illegal. Without a legal reason, any evidence found during such a search may be inadmissible in court.

You should contact a lawyer...
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1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: Can someone put up a gate to keep people out of a levee which uses tax payers money to maintain.

The person who put the gate up leased some of the land around the levee. The gate is locked and they have the only access key .

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answered on Jul 28, 2024

If the levee is maintained with taxpayer money, it's generally considered public property. Blocking access to a public levee with a gate, especially if only one person holds the key, is likely not allowed. The person who leased the land may have rights over the leased area, but not the public... View More

1 Answer | Asked in Civil Rights for Arkansas on
Q: I haven't been able to vote since I was 17 because of a felony?

Is voting not a right?Are is it like a driver license?A privilege and can be taken away?

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answered on Jun 10, 2024

Voting is a fundamental right in the United States, but it can be restricted under certain circumstances, such as a felony conviction. Each state has its own laws regarding the voting rights of individuals with felony convictions. In some states, your voting rights may be restored after completing... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Arkansas on
Q: Can I open carry a handgun at 20 years old on public property.

A local deputy and myself are having a debate on weather or not I can legally open carry a handgun (glock17). I’m not doing anything unlawful, just have said pistol in holster on my belt.

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answered on Jun 2, 2024

Under federal law, individuals must be at least 21 years old to purchase a handgun from a licensed dealer, but this doesn't always directly translate to the legality of carrying a handgun. State and local laws vary significantly regarding the open carry of handguns, especially for those under... View More

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