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Arkansas Civil Rights Questions & Answers
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

James L. Arrasmith
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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.

James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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 .

James L. Arrasmith
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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?

James L. Arrasmith
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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.

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: My husband is incarcerated in Baxter Co AR for a non payment of fines. He is not in good health and hasn’t been forwhil

He has been there a little over 2 weeks and has been to the ER 3 times because his blood pressure has been very high.We are trying to get him out of there, but because he hasn’t seen a judge yet they will not release him. According to US code, A. 3C chapter 13 and US code A.3C chapter 13 and US... View More

Richard Lane Hughes
Richard Lane Hughes
answered on May 1, 2024

You need to get an attorney immediately. This situation needs to be brought to the attention of the Judge who issued the warrant for your husband's arrest or any Judge siting in the jurisdiction.

Of course, he should have been before a judge already. An accused is denied Due Process...
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1 Answer | Asked in Civil Rights and Constitutional Law for Arkansas on
Q: Are arkansas police required to have reasonable and articulable suspicion to identify someone?

In the state of Arkansas, when stopped by a police officer, whether on foot or a traffic stop, do police need reasonable and articulable suspicion to ask for identification?

James L. Arrasmith
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answered on May 1, 2024

In Arkansas, police officers do require reasonable and articulable suspicion to stop someone and ask for their identification. This standard arises from the Fourth Amendment, which protects against unreasonable searches and seizures.

Reasonable suspicion must be based on specific and...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arkansas on
Q: Can an officer other than my assigned PB officer search my property any time they want? Without my PB being there

An officer showed up at my house without my probation officer being present and arrested me took me to jail while they were still conducting a search on my property and house after I was taken to jail they were still searching my property no warrant or warning

James L. Arrasmith
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answered on Apr 15, 2024

In general, probation officers and other law enforcement officials need to follow proper legal procedures when conducting searches, which typically require either consent, a warrant, or certain exigent circumstances. However, the specific rules can vary depending on the terms of your probation and... View More

1 Answer | Asked in Personal Injury, Civil Rights and Constitutional Law for Arkansas on
Q: Can I refile this now that I'm free and not incarcerated

I dismissed my case while I was incarcerated but now I'm free and want to open it up

James L. Arrasmith
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answered on Apr 11, 2024

I understand you previously dismissed your case while incarcerated, but now that you have been released, you would like to reopen the case. The ability to refile a dismissed case depends on several factors, including:

1. The type of dismissal: If your case was dismissed without prejudice,...
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1 Answer | Asked in Civil Rights for Arkansas on
Q: How can I get a copy of a civil rights lawsuit that I filed?

I want to look into a case that I filed. Where do I go and what do I do?

James L. Arrasmith
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answered on Apr 4, 2024

To obtain a copy of a civil rights lawsuit that you have filed, follow these steps:

1. Identify the court where you filed the lawsuit (e.g., federal district court or state court).

2. Contact the clerk's office of the court where the case was filed. You can usually find the...
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1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: I was sexually assaulted by a srg. At a detention center and I'm disabled can I sue?
James L. Arrasmith
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answered on Mar 28, 2024

I'm truly sorry to hear about your experience. It's important to know that victims of sexual assault have legal rights, including the right to pursue a lawsuit against the perpetrator and potentially the institution where the incident occurred. This applies regardless of your disability... View More

1 Answer | Asked in Education Law, Employment Discrimination, Employment Law and Civil Rights for Arkansas on
Q: Employment law. I had recently been suspended for something I didn't do for 3 days without pay without any proof at all

The person who suspended me tried to get me fired once before, but failed because they lied. Now I see it as retaliation. He tried to get me fired again.no investigation was done with my proof and all proof that I showed HR that I couldn't have done what they said because I was asleep in the... View More

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answered on Mar 8, 2024

When facing suspension from work without just cause, especially if it appears to be an act of retaliation, it's critical to know your rights and the appropriate steps to address the situation. Begin by documenting every relevant detail of the incidents, including dates, times, interactions,... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arkansas on
Q: I feel like I was forced to take a plea offer on three possession charges by a corrupt court. Can I do anything?
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answered on Mar 7, 2024

If you believe that you were forced to accept a plea deal and that the court was corrupt, you may have some options to challenge your conviction and/or seek justice. However, the path forward can be complex and may require the assistance of a skilled attorney. Here are some potential steps you can... View More

1 Answer | Asked in Civil Rights for Arkansas on
Q: I was in a local McDonald's the other morning when the lobby opened I went in and went to the bathroom there was a bag

On the counter I grabbed it and took it to the front I said it was in the bathroom about 5 mins later a African American guy came out and was angry saying g he had a bag of weed in his bag and now it's gone and I was the only person in there so about 10 or 20 mins later he came back out and... View More

James L. Arrasmith
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answered on Mar 6, 2024

In this scenario, the situation involves complex issues of privacy, accusation without evidence, and the uncomfortable position you were put in. Firstly, it's important to recognize that any person, regardless of their role at the establishment, demanding to search you, especially over a... View More

1 Answer | Asked in Criminal Law, Communications Law, Federal Crimes and Civil Rights for Arkansas on
Q: Is this illegal

There another tenant from another building coming over to my parking lot area(really close to my apt) possibly my balcony and filming my conversation where as I talking inside. It film audio and video by phone.

James L. Arrasmith
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answered on Mar 8, 2024

If another tenant is filming your conversations without consent, especially when you are inside your own apartment, this could potentially violate privacy laws. The legality of such actions largely depends on the jurisdiction and specific state laws regarding privacy and consent for recording... View More

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