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Arkansas Questions & Answers
1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: What needs to be done to get clear title to property with defective deed.

In the 1960s my grandparents purchased a lot alongside a highway in Arkansas. My Mother inherited this lot and wants to be able to sell it. However, the original deed’s description has an error, such that the north property line coincides with the centerline of the highway, when it should have... View More

Anthony M. Avery
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answered on Aug 21, 2023

A conveyance to a family member with a correct legal description based upon adverse possession with color of title might work to get it sold later. You need a good lawyer, not a title company. Keep in mind your title is not going to be perfect as the correction deed should have been executed... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Arkansas on
Q: In Arkansas, if neither person in a boat has a life jacket on board, who is at fault, the boat owner or each person?
T. Augustus Claus
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answered on Aug 17, 2023

In Arkansas, as in many states, boating safety regulations typically require that there must be a sufficient number of U.S. Coast Guard-approved life jackets on board for each person on the boat. If neither person in a boat has a life jacket on board, it's likely that both the boat owner and... View More

1 Answer | Asked in Family Law for Arkansas on
Q: I married 6 months ago and applied for my name change noticed my husbands name was not correct and needs corrected

His last name is first, first name middle, and middle name last. What do I need to do

T. Augustus Claus
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answered on Aug 17, 2023

In Arkansas, if there's an error in your husband's name on your marriage certificate, you'll likely need to contact the county clerk's office where the certificate was filed. They can guide you through the process, which may involve completing a correction affidavit with both... View More

1 Answer | Asked in Criminal Law, Divorce and Child Custody for Arkansas on
Q: My Ex Abducted our child in CA over the summer. The DA in CA did not press criminal charges. can i still press charges?

The DA in sacramento were helpful in getting the child back but they were not able to press criminal charges as he ultimately complied to the release of the child. I am unable to get a protection order in CA as i am no longer a resident or in AR as the crime was not committed here and there were no... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 18, 2023

Charging decisions are at the discretion of a prosecutor or DA (synonymous terms dependant on how a State titles the position). You may try to charge the ex in your home state and the authorities then make the decision. You also may wish to contact your divorce attorney to explore whether you can... View More

1 Answer | Asked in Education Law for Arkansas on
Q: Does my bf have a solid case to sue his Arkansas private school?

My boy friend went to a private Catholic school and was explaing to me the cruel unusual punishments they used. One was extremely alarming and I found to put him at danger. My boyfriend was staring outside during a thunder/rain storm and his teacher made him stand outside holding a metal rod. Do... View More

T. Augustus Claus
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answered on Aug 16, 2023

In situations where a private school may have subjected a student to potentially unsafe or cruel punishments, it's important to gather as much information as possible. Your boyfriend should document the details of the incident, including the date, time, location, the teacher involved, and any... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: Being charged with the simultaneous is that one charge or is the drugs like another charge?
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answered on Aug 15, 2023

"Simultaneous possession of drugs" typically refers to a single charge that involves the possession of multiple controlled substances at the same time. It's not separate charges for each individual drug but rather a single charge encompassing all the drugs found in the person's... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Sexual Harassment for Arkansas on
Q: How do I stop an extortion attempt as a teacher from an individual with only a phone number from them?
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answered on Aug 14, 2023

If you're facing an extortion attempt via phone from an unknown individual, your safety is paramount. Firstly, refrain from engaging with the person. Document any communications you receive, including screenshots, texts, and voicemails. Report the situation to your local law enforcement,... View More

1 Answer | Asked in Divorce and Family Law for Arkansas on
Q: IS THERE A STATUE OF LIMITATION ON FILLING A HOMEWRECKER CHARGE?
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answered on Aug 14, 2023

In Arkansas, there isn't a specific "homewrecker" charge in the legal sense. However, if you're referring to a civil action for alienation of affection or criminal charges related to adultery, it's important to note that statutes of limitations can vary depending on the type of legal action.

2 Answers | Asked in Car Accidents, Libel & Slander, Contracts and Employment Law for Arkansas on
Q: I need a lawyer to respond to me now about Hurricane express there are trying to charge me for a accident and a swift

A swift driver hit me in the back

Tim Akpinar
Tim Akpinar
answered on Sep 2, 2023

A New Mexico attorney could advise best, but your question remains open for three weeks. Your insurance company should defend you - it isn't clear why you're being charged. You could reach out to attorneys to try to arrange a free initial consult. If you have a copy of the police report,... View More

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1 Answer | Asked in Contracts and Real Estate Law for Arkansas on
Q: Is there a way to get out of my lease at the time I was verbally told I would?

I live in arkansas, and my apartment complex got my lease end date wrong on the lease, but almost correct on my welcome letter. I was told that since no 7 month lease choice was available, to just choose the 8 month lease and they would fix it on their end. Now they are telling me that they can... View More

Tim Akpinar
Tim Akpinar
answered on Aug 16, 2023

An Arkansas attorney could advise best, but your question remains open for a week. It may have remained open because it was overlooked in the posted categories - you could repost and add "Landlord-Tenant" as a category for better chances of a response. Good luck

1 Answer | Asked in Federal Crimes, Identity Theft, Intellectual Property and Landlord - Tenant for Arkansas on
Q: Person knowly commiting bodily harm to people in neighborhood along with personal property and vehicle of ADA & crime

Also unlawful use of fire arm on and around rental property. Harm to elderly people and commit conspiracy with landlord in Arkansas. Harm to Service Animal also breaking and entering.

James L. Arrasmith
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answered on Aug 15, 2023

Hi there,

It is advisable to consult with an attorney in your jurisdiction to review the specific details of your case and determine the applicable laws and limitations.

1 Answer | Asked in Tax Law, Business Law and Gov & Administrative Law for Arkansas on
Q: Does a not for profit organization charge different taxes for drinks served to guests compared to members
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answered on Aug 8, 2023

In general, the tax treatment of drinks served by a not-for-profit organization can vary depending on the specific laws and regulations of the jurisdiction where the organization is located. Different states and localities may have different rules regarding taxation of sales to guests versus... View More

1 Answer | Asked in Education Law for Arkansas on
Q: How much unpaid extra duty time can schools in Arkansas give teachers?
T. Augustus Claus
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answered on Aug 4, 2023

The rules and regulations regarding unpaid extra duty time for teachers in Arkansas can vary depending on the specific school district and employment contracts. In general, schools may require teachers to perform extra duties outside of their regular teaching hours, such as attending meetings,... View More

1 Answer | Asked in Family Law for Arkansas on
Q: How long does investigators have to work and make a decision in a child maltreatment case in Arkansas

It's been 90 days since the case has been opened

T. Augustus Claus
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answered on Aug 3, 2023

In Arkansas, child maltreatment investigations are generally conducted by the Division of Children and Family Services (DCFS) within the Arkansas Department of Human Services (DHS). The duration of an investigation can vary depending on the complexity of the case and the specific circumstances... View More

1 Answer | Asked in Employment Law for Arkansas on
Q: I work for a city in Arkansas. They are requiring that comp time is taken and not pay overtime.

There are times the comp time is credited as 1 to 1 and not 1.5 as overtime is.

Chris W. Burks
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Chris W. Burks
answered on Aug 2, 2023

That is illegal under Arkansas law. Arkansas law requires comp. time be credited as 1.5. You should speak to an attorney about it. There are a few very technical exceptions to the law, but your situation doesn't seem to fall into those exceptions

1 Answer | Asked in Family Law for Arkansas on
Q: What do you put on a minor name change consent form when the father is unknown?
T. Augustus Claus
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answered on Aug 2, 2023

In Arkansas, as in other states, a name change for a minor typically requires the consent of both parents. However, if the father's identity is unknown or he cannot be located, you may need to take additional steps to proceed with the name change.

In such situations, you may need to...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: Is it a parole violation to spend the night at another person's house living in the same state and county?
T. Augustus Claus
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answered on Aug 2, 2023

The conditions of parole can vary depending on the specific terms set by the court and the parole officer. Typically, parolees have certain restrictions and requirements they must follow during their parole period.

While spending the night at another person's house within the same...
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3 Answers | Asked in Trademark and Intellectual Property for Arkansas on
Q: If my old high school stopped using our mascot and never trademarked it, is it fair game that I could now Trademark it?

So we used to be Red Devils when I was in high school over 20 years ago. After I graduated in 97, a year or so afterwards, the school dropped the red devils and consolidated with a neighboring school to become cougars. Could I now have the opportunity and permission to trademark the devil logo they... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 1, 2023

"Trademark" is a noun, not a verb. Trademarks may be REGISTERED (a verb).

Only a USER of a trademark may register it. The application to register a trademark requires submission of a specimen (proof) showing active use of the mark in commerce. The application may be granted only...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Arkansas on
Q: How can we force a person to move the mobile homes that are across property line on property we own in Arkansas?

We have recently purchased land next to our home. The owner of the adjoining land has 2 mobile homes which extend way over the property line onto our property. We would like for the mobile homes to be moved over off of our property so we can erect a fence. We have a survey and the corners are... View More

Anthony M. Avery
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answered on Jul 31, 2023

You have a boundary dispute, which should have been discovered prior to the deed execution by a survey and looking at what you bought. If you received a warranty deed you may have a claim against the grantors , who need to be notified now. Hire a competent AR lawyer to search both titles, and... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: An inmate was sentenced to 2nd degree murder, under the Protect Arkansas act , will they have to do 85% of their time?

In Arkansas 2nd degree murder conviction, under new act how much time of a 20yr sentence will an inmate have to serve?

Richard Lane Hughes
Richard Lane Hughes
answered on Jul 31, 2023

First, you should be aware that the the Protect Arkansas Act does not apply to offenders for crimes committed before January 1, 2025.

Following that date, a defendant convicted of 2nd degree murder will serve 85% of his or her time before becoming eligible for release. That is, upon...
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