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Arkansas Questions & Answers
1 Answer | Asked in Workers' Compensation and Personal Injury for Arkansas on
Q: I was injured on a job an became disabled i think the state took over my case an my family is hidden my settlement money
James L. Arrasmith
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answered on Nov 12, 2023

In Arkansas, if you suspect that your family is withholding settlement money from a personal injury case, it's important to take immediate action. First, verify whether a settlement was indeed reached in your case. This can typically be done by contacting the attorney who represented you or... View More

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: I was named in an eviction with 2 other defendants. They did not file an objection to eviction and I did. I was evicted

I was evicted also. The writ of possession had my name at the top but the contents specifically named the 2 Co defendants as the ones to remove. My name was mentioned only to state that I had filed an objection. I am waiting for my court date. I tried to tell sheriff this and he threatened to throw... View More

James L. Arrasmith
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answered on Nov 11, 2023

In this situation, it's crucial to present your case effectively at the upcoming court date. Gather all relevant documentation, including the writ of possession and evidence of your property tax payment. It's essential to articulate the discrepancy between your objection to the eviction... View More

1 Answer | Asked in Civil Litigation for Arkansas on
Q: I could use some advice about my missing vehicle. Is there a lawyer that would listen to my situation and give me advic

A long time friend of mine and my husband, who we just recently discovered on social media he had passed away, had said to us that my 1965 vehicle could hang out at his place as long as she wanted and that he had a perfect spot for her that she wouldn't be in his way or in sight of anyone... View More

James L. Arrasmith
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answered on Nov 8, 2023

If you possess the title to the vehicle and it's in your name, legally the vehicle belongs to you. The first step should be to document any evidence of the agreement with the deceased friend, like messages or emails, regarding the storage of the vehicle. You should then formally request the... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Arkansas on
Q: 16 year old charged as adult ask for lawyer but they kept questioning. And twhen told bd did nothing is this righ

He was on probation and police knocked on the door and said they came cause he broke his probation and then they started searching my house, after throwing him down and basically used unnecessary force on 16 yr old very skinny boy. We asked for lawyer at station but they just kept questioning him.... View More

T. Augustus Claus
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answered on Nov 6, 2023

It is concerning that the police continued to question your son after he asked for a lawyer. This may be a violation of your son's Miranda rights. Miranda rights are the rights that the police must inform suspects of before they can question them. These rights include the right to remain... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: What’s the penalty for first time criminal mischief?

My son was charged with criminal mischief for kick police door during in altercation

James L. Arrasmith
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answered on Nov 7, 2023

The penalty for first-time criminal mischief in Arkansas will depend on the degree of the offense, which is typically determined by the amount of damage caused. If the damage is less than $1,000, it is considered a Class A misdemeanor, which could result in up to one year in jail and a fine of up... View More

1 Answer | Asked in Small Claims, Consumer Law, Real Estate Law and Landlord - Tenant for Arkansas on
Q: If a storage unit owner does not follow Arkansas law regarding the auction of my property, is there anything I can do?

I'm absolutely devastated and heartbroken. I went to get some things out of our storage unit at Copper Safe storage today and everything is gone. Thousands of dollars worth of stuff. All my winter clothes, my families winter clothes, all my Christmas decor that I've collected over the... View More

Anthony M. Avery
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answered on Oct 30, 2023

Either hire an AR attorney to sue for an injunction, or check into bidding at the sale (without telling anyone of the contents, or forget about it. Apparently you have been wasting your time complaining to the lessor.

1 Answer | Asked in Tax Law and Constitutional Law for Arkansas on
Q: Under the Constitution private property is private and cannot be taxed so how can the State of Arkansas tax my vehicle?

I paid sales tax when I purchased the vehicle and now the State wants to tax me yearly for the same vehicle, I have already paid taxes on. In my opinion that is classic double taxation and is supposed to be illegal under the Constitution.

James L. Arrasmith
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answered on Oct 31, 2023

The U.S. Constitution does not prohibit the taxation of private property. In fact, the power to tax is a fundamental power of both state and federal governments. When you initially purchase a vehicle and pay sales tax, you're being taxed on the transaction itself. The annual vehicle tax, often... View More

1 Answer | Asked in Divorce and Family Law for Arkansas on
Q: Is it legal for my husband to destroy my property that I had before the marriage, and some gotten during marriage?

All property that was acquired during marriage I paid for. Also he packed his stuff and left but took alot of stuff belonging to me that I had before we were married and some stuff I bought after we were married but while we were separated. IS this legal for him to do this?

James L. Arrasmith
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answered on Nov 9, 2023

If your husband has destroyed or taken property that belonged to you before the marriage, or property acquired during the marriage without your consent, this is not typically permitted under the law. Property brought into the marriage by one spouse is generally considered separate property, and... View More

1 Answer | Asked in Traffic Tickets for Arkansas on
Q: I received a speeding ticket back in January 2023 in Arkansas but I have an Illinois CDL. Can the ticket be removed?
T. Augustus Claus
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answered on Oct 27, 2023

The process of having a speeding ticket removed or contested can vary based on the circumstances and the laws in the specific states involved. Generally, ticket removal typically involves contesting the citation in court, presenting a case for dismissal, or negotiating with the issuing authority.... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: I'm a. level2 sex offender who just paroled out of prison and I am being forced to wear a ankle monitor
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answered on Oct 23, 2023

As a Level 2 sex offender, parole conditions can vary, and one condition may include wearing an ankle monitor for tracking and monitoring purposes. These conditions are typically set by the parole board and may be part of your parole agreement. It's important to follow the terms of your parole... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: Arkansas criminal defense attorney

My friend is in prison and has been for a year now. I hired an attorney for him last year. He's being charged with serious felonies. The attorney has not been to see him a single time and hasn't really done anything. I tried to fire her, and she said she would stay on the case anyway....... View More

Richard Lane Hughes
Richard Lane Hughes
answered on Oct 21, 2023

The attorney-client relationship is between your friend and his lawyer regardless of who pays lawyer's fees. If he wishes to terminate that relationship, he can do so. The Court may not let attorney off the case given the time that has passed since the case was filed. However, if he hires... View More

1 Answer | Asked in Probate for Arkansas on
Q: In AR, can a will be contested in ancillary proceedings if the decedent owns property in AR, but resided in other state?

The decedent owned property in Arkansas, but was a resident of CA and died in CA. Can the will be contested in ancillary court proceedings in AR?

Anthony M. Avery
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answered on Oct 20, 2023

No.. The will contest always has to be at the Probate Court that accepted the document as the Will, in this case CA.

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Arkansas on
Q: I ran out of gas at 3:45 this afternoon on a dirt road and by 5:45 the cops had my vehicle towed. Can they do that

It was not blocking any roadway or it wasn't on private property it was on a dirt road

T. Augustus Claus
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answered on Oct 19, 2023

In Arkansas, whether or not a vehicle can be towed can depend on various factors, including local ordinances and state law. Generally, law enforcement has the authority to tow vehicles that are considered abandoned or pose a safety risk. If your vehicle was not blocking the roadway or on private... View More

1 Answer | Asked in Child Custody and Family Law for Arkansas on
Q: In Arkansas, my ex and I have joint custody. He has no heat or water in the home. What can I do?

We have joint legal and physical custody. He has no running water or heat.

T. Augustus Claus
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answered on Oct 16, 2023

If you have joint custody of your children and your ex-husband's home does not have heat or water, you can try to talk to him about the situation or file a motion with the court to modify your custody agreement. You may also want to contact the Arkansas Department of Human Services. For... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: If I got a citation for theft of property<=1,000 in Arkansas could i pay it before court? And is it actually 1,000
Degen Clow
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Degen Clow
answered on Oct 24, 2023

It completely depends on the court your alleged offence is in. I would contact a qualified criminal defense attorney in the area of the court and speak with them.

1 Answer | Asked in Probate for Arkansas on
Q: A probate case was opened in 2019 and there was a creditor claim made agains the estate the lien expired Jan 2021

We are now working to settle. Since 10 years has now passed on the Judgment and it has not been renewed can they still collect even though it is expired ? Or does them making a timely claim overrule?

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answered on Oct 10, 2023

Making the timely claim should perfect their lien and estate claim. However you can object to the claim on the SOL ground, and it is up to the claimant to convince the Court otherwise. You will need an AR attorney to argue the contested claim.

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Arkansas on
Q: i need to know if i have a case or not last year i had a baby and had to have a c section and a week after that i found

out i had a infection on my c section wound it was staph infection like from unclean tools that was used on me do i have a case

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2023

An Arkansas attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. One option at this point could be to reach out to Arkansas attorneys to try to arrange a free initial consult. Most law firms that handle such cases offer them. You could search... View More

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: How do I get rid of my ex-girlfriend that has taken over my camper that I own when she has nowhere to go?

She is also clinically crazy been committed quite a few times and her family will not take her in they keep bringing her back to my house she's also violent and suicidal.

James L. Arrasmith
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answered on Nov 9, 2023

Here are some potential steps to remove an ex-girlfriend who has taken over your camper in Arkansas:

- Provide proper written notice to vacate. Give her 30 days written notice to vacate the premises since she has established residency in the camper.

- If she refuses to leave after...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: Can a person on misdemeanor probation be revocated if they are at an inpatient treatment facility?
Degen Clow
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Degen Clow
answered on Oct 24, 2023

Yes, if they fail to attend court or probation meetings, even if they are in treatment, the court can issue a Fail to Appear warrant or a Fail to Comply warrant if the court has not pre-proved the absence.

1 Answer | Asked in Divorce for Arkansas on
Q: Can adult kids testify at Contempt of Court for the financial part of the divorce?

Ex spouse didn’t do any of their financial responsibilities in the divorce decree. It’s pretty straight forward. Ex’s attorney is bringing in the ex’s adult kids on to testify stating harassment, stalker behavior etc. They have no idea I’ve moved out of state and no where near any of... View More

John Michael Frick
John Michael Frick
answered on Oct 5, 2023

If the evidence is relevant, the court likely will allow them to testify. There is no rule that allows a parent to exclude the testimony of a competent adult child of theirs.

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