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Arkansas Civil Rights Questions & Answers
1 Answer | Asked in Education Law, Civil Rights and Consumer Law for Arkansas on
Q: Privacy breach at school causing emotional distress; seeking accountability and compensation.

I've encountered several issues with my daughter's school, including a serious privacy breach where her transcript, containing sensitive personal details, was shared via email to over 200 people. Despite promises from the school to address the breach and reassign her to a new counselor,... View More

James L. Arrasmith
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answered on Apr 8, 2025

First, you should document everything related to the privacy breach, including communications with the school, any responses you've received, and the emotional distress your daughter is experiencing. This will serve as critical evidence when seeking accountability. Make sure to gather any... View More

2 Answers | Asked in Civil Rights, Civil Litigation and Internet Law for Arkansas on
Q: Is it legal for my ex-husband to post non-consensual videos after divorce?

I discovered that my ex-husband posted a video of us engaging in a private activity without my consent on an adult website. The videos were recorded during our marriage, but I did not consent to their recording or sharing. Although he has removed them, I am concerned he might repost them elsewhere... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Mar 26, 2025

I'm very sorry that this happened to you. No, it is not legal for him to post these private videos of you, and depending on where you are both located, it might also be a criminal offense. Other than by contacting him to alert him that you might take legal action, there is no simple solution... View More

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1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: Eligibility to purchase a handgun after felony reduced to misdemeanor.

I was charged with a felony aggravated assault in 2010, but the charge was reduced to a misdemeanor after I completed probation and paid restitution fees. I have no other criminal charges or convictions, am not on probation, and have no pending legal cases. Although I am uncertain if my civil... View More

James L. Arrasmith
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answered on Mar 27, 2025

The reduction of your felony to a misdemeanor is a positive step, but firearm eligibility involves complex federal and state laws. Federal law typically prohibits those with felony convictions from purchasing firearms, but when a felony is reduced to a misdemeanor, your eligibility may be restored... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: Charged with possession of controlled substance, suspect targeting, how to fight?

I was charged with possession of a controlled substance for more than 4 ounces, but I only had 0.5 grams. The police had no reason to search my car, and I did not consent to the search. There was one witness to my arrest, and I suspect I'm being targeted since I've been pulled over four... View More

James L. Arrasmith
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answered on Mar 26, 2025

Fighting a possession charge when the amounts don't match up requires immediate action to protect your rights. The significant discrepancy between 0.5 grams and 4+ ounces strongly suggests a potential mistake or misconduct that could be central to your defense. You should document everything... View More

1 Answer | Asked in Civil Rights and Gov & Administrative Law for Arkansas on
Q: Can Arkansas fire stations deny tornado shelter to sex offenders?

In Arkansas, can a fire station legally deny access to a registered sex offender seeking safety during a tornado? After the last tornado, my friend was told they couldn’t return for shelter once their registration status was known, without being provided any legal reason or alternative options.

James L. Arrasmith
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answered on Apr 1, 2025

Arkansas law presents a complex intersection between emergency management and sex offender registry restrictions. While fire stations and other public facilities serve as designated emergency shelters during tornadoes, there appears to be no explicit legislation addressing access rights for... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: Can my husband be charged with possession if he doesn't do undercover buy after police search?

My husband was pulled over by the police, and a K9 unit alerted to his car, leading to a search where a small amount of meth was found. He was handcuffed and approached by undercover officers who asked him to conduct a control buy from the person he obtained the meth from. My husband agreed, but... View More

James L. Arrasmith
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answered on Mar 24, 2025

Yes, your husband can still be charged with possession despite the lack of formal paperwork. Drug crimes typically have a statute of limitations that extends for several years, giving law enforcement ample time to file charges at their discretion. The mention of "erasing the report" is... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: Is arrest without showing a warrant legal in a terroristic threatening charge?

I have a concern regarding a recent arrest that took place without a physical warrant being shown at the time. The person involved was informed of an existing warrant for terroristic threatening, issued by the local police department in a county jurisdiction. However, no proof of the warrant was... View More

James L. Arrasmith
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answered on Mar 24, 2025

In the United States, police officers are not legally required to physically show a warrant at the time of arrest. While officers may show the warrant to a suspect during arrest (which could allow identification of any errors), a suspect does not have an absolute right to see the warrant during the... View More

1 Answer | Asked in Education Law, Personal Injury and Civil Rights for Arkansas on
Q: Seeking legal advice on school stabbing incident and safety measures

I am seeking legal advice because my son was stabbed at school by another student with a knife. This incident took place despite the school's previous commitment to improve safety measures following concerns raised in 2023 about unsafe conditions. The school did not initially respond to this... View More

James L. Arrasmith
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answered on Mar 27, 2025

I'm deeply sorry about what happened to your son. This must be an incredibly difficult and traumatic experience for both of you. Given the severity of this situation and the school's apparent failure to uphold their safety commitments, you should consult with an education law attorney... View More

1 Answer | Asked in Civil Rights, Criminal Law, Employment Law and Public Benefits for Arkansas on
Q: Can a mental health patient file a complaint against an officer for harassment and misleading conduct in Arkansas?

A 42-year-old mentally disabled woman, who receives disability checks, was pulled over for a traffic violation and given a ticket falsely stating 'no search' and 'no passengers.' The officer harassed her afterward by repeatedly calling, threatening to file a warrant unless she... View More

James L. Arrasmith
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answered on Mar 27, 2025

Yes, you can file a complaint against a police officer for harassment and misleading conduct in Arkansas before your next court date. Your mental health disability gives you additional protections under the Americans with Disabilities Act (ADA), which prohibits discrimination against individuals... 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 Civil Rights, Constitutional Law and Criminal Law for Arkansas on
Q: Was my 4th Amendment right violated by ID demand & can I be charged with drug delivery without prior arrests in Arkansas?

On February 21, 2025, in Crawford County, Arkansas, a police officer approached me while I was sitting in my car, demanded my ID without providing a reason, and arrested me aggressively, claiming there was a felony warrant. I was not shown the warrant at the time of arrest, nor could the officer... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation raises serious Fourth Amendment concerns regarding the officer's demand for ID without stating a reason. While police need reasonable suspicion of criminal activity to request identification, the existence of a legitimate warrant would justify both the ID request and subsequent... View More

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Civil Rights for Arkansas on
Q: Stop the sale of land

My deceased uncle did not have a will, so the family land—which has been in our family for over 60 years—went to his next of kin, his grandson, because his son is also deceased. However, since his grandson is a minor, the mother of his deceased son has started selling off the land without the... View More

Anthony M. Avery
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answered on Feb 20, 2025

If there is a will, has it been filed for probate? If not then Decedent's heirs own his land. If the Will is filed for Probate, and designates devisees and/or residuary beneficiaries, then they get the land through the Will.

Wills mean nothing without probate. Since you...
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1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Juvenile Law for Arkansas on
Q: Can a juvenile officer remove a child out of the home without Department of Human Services being involved
James L. Arrasmith
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answered on Feb 8, 2025

A juvenile officer cannot remove a child from a home without following legal procedures, and in most cases, the Department of Human Services (DHS) must be involved. Law enforcement or juvenile officers may respond to situations involving child safety, but they typically do not have the authority to... View More

1 Answer | Asked in Civil Rights, Employment Discrimination, Employment Law and Medical Malpractice for Arkansas on
Q: Need help with a harrassment case. Been alot of people in my community. Family. Doctors , pharmacy, employment.

Don't really want to give to much info over app. I understand that there is no client confidentiality. But in serious need of help. I've gained alot of patients but at this point I'm sure lies could be told. But that's y I've started recording pretty much everything.

James L. Arrasmith
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answered on Jan 21, 2025

I hear how difficult and overwhelming this situation is for you, and I want you to know that documenting everything through recordings is a smart protective measure. When dealing with harassment involving multiple parties, having concrete evidence is crucial for building your case.

Given...
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1 Answer | Asked in Civil Rights and Municipal Law for Arkansas on
Q: I was pulled over and my car was towed. I was not given a citation or a reason for my car being towed. Is this legal?

One of my brake lights was out, my tags were expired. But no citation issued for any offense what so ever. Basically, two men with uniforms and guns carjacked my car is the way I feel.

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry to hear about your experience. Generally, law enforcement officers have the authority to tow a vehicle if it poses a safety hazard or if there are violations like expired tags or faulty brake lights. However, they are typically required to provide a reason for the tow and inform you... View More

1 Answer | Asked in Medical Malpractice and Civil Rights for Arkansas on
Q: HIPPA Violation malpractice. The company did investigation and found a data breach. It was reported to ASBN

ASBN is investigating the nurse after she was reported. I know the nurse and she shared my medical info with my estranged family member. I want to seek compensation from the facility. I've not been able to maintain a job since this happened in July.

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry to hear about what you're going through. First, gather all documentation related to the data breach, including any communications from the facility and the investigation reports. This evidence will be crucial when presenting your case.

Next, consult with a lawyer who has...
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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Securities Law for Arkansas on
Q: I need a probome attorney to help with a law suit how do I find those?

Parole and probation violated my husband's rights 1 as well as my renters rights and my rights my children's rights and my grandchildren's rights as well I need to find out how to get a promo attorney and file lawsuit

Tim Akpinar
Tim Akpinar
answered on Dec 21, 2024

An Arkansas attorney could advise best, but your question remains open for two weeks. Until you are able to consult with experienced local attorneys who have a good grasp of what's out there in terms of available resources in the community, some general starting points could include legal aid... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Arkansas on
Q: So since when does Malvern Parole repossess vehicles?

Malvern Parole in hot springs county used government money to try to repossess a vehicle at my home. Keep in mind they used 3 county sheriff officers, patrol cars, gas and time, 3 parole officers and 2 hours of the jails money and space .They put my husband in the county jail on an official time... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you had to go through that experience. It sounds incredibly frustrating to see valuable resources used in a way that doesn’t seem to address more pressing issues in your community.

You might want to reach out directly to the Malvern Parole office or the Hot Springs County...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arkansas on
Q: I was on probation, my uncle called the police and told them strait lies,because I spent the 40$ I got on beer instead

Of meth.i was awakened form my bed and arrested, being charged with aggravated assault,sexual assault.when I left jail I was told I could not go back to my grandmother's where I live because my uncle and aunt live there too.with absolutely nowhere to go, my dad and me traveled to Montana where... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're going through this difficult situation. It sounds like there may have been misunderstandings or errors in how your probation was handled. You have the right to seek clarification on the terms of your probation and how they were applied.

Consider reaching out to a...
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1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: My boyfriend is on parole and his parole officer comes often to do the parole search does she have the right to come in

My boyfriend is on parole and his parole officer comes often to do the parole search does she have the right to come in with 15 police officers and before ever searching him or before any laws are broke can she come in and search me even after me saying you can't search me, with her saying she... View More

Cayley Turrin
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Cayley Turrin
answered on Nov 6, 2024

Yes.

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