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Arkansas Questions & Answers
1 Answer | Asked in Uncategorized for Arkansas on
Q: I need help with dcfs in ark and im on ssdi so i dont have much money but there was a false report made to them

So my aunt got drunk and mad and made a false report to dcfs and now the investatgor told me i have to defend myself from these lies and i can prove it was made in bad faith and now they are doing what the do best abuse the constituion and violate rights and im on ssdi for ptsd and other mental... View More

James L. Arrasmith
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answered on Sep 14, 2024

It sounds like you're in a very difficult situation, and it's understandable that you're feeling overwhelmed and stressed, especially given your mental health conditions. Dealing with DCFS can be challenging, particularly when faced with false accusations. It's important to... View More

1 Answer | Asked in Social Security for Arkansas on
Q: I have Benign monomelic ALS. Do I qualify for SSDI? and if so do I have a 5 month waiting period before I get a check?
James L. Arrasmith
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answered on Sep 12, 2024

If you have Benign Monomelic ALS, whether you qualify for Social Security Disability Insurance (SSDI) depends on how severely the condition impacts your ability to work. SSDI is based on your work history and the extent to which your medical condition limits your functional capacity. Even though... View More

1 Answer | Asked in Immigration Law for Arkansas on
Q: Who is able to apply for a work authorization while living in the US waiting on a visa?
James L. Arrasmith
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answered on Sep 9, 2024

If you are living in the U.S. and waiting for a visa, you might be eligible to apply for work authorization, depending on your current immigration status. Individuals who are in the process of adjusting their status to become permanent residents (such as those applying for a green card) can... View More

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Energy, Oil and Gas for Arkansas on
Q: Where's the best place to find a loophole in life and law that is fair?

How are loopholes discovered?

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2024

There is no universal answer. "Loopholes" are usually exclusions or exemptions in certain regulations that people take advantage of - but they tend to be situation-specific. One way to discover them is to research statutes, or to consult with attorneys who practice in that given area. Good luck

Q: Can you fail a pre-employment drug screening for weed if you have your medical card
James L. Arrasmith
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answered on Sep 5, 2024

If you have a medical marijuana card in Arkansas, it does not automatically protect you from failing a pre-employment drug screening for cannabis. Employers in Arkansas are generally allowed to maintain drug-free workplace policies. This means they can require pre-employment drug tests and make... View More

1 Answer | Asked in Uncategorized for Arkansas on
Q: Can cops impound a used vehicle on the same day that you bought it due to no insurance and that day being a holiday?
James L. Arrasmith
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answered on Sep 8, 2024

Yes, the police can impound a vehicle if it's found to be without insurance, even if you bought it on the same day and it's a holiday. Driving without insurance is illegal in most places, and officers have the authority to impound vehicles that do not meet legal requirements, regardless... View More

1 Answer | Asked in Traffic Tickets for Arkansas on
Q: I got pulled over in Arkansas because the tags expired that day . Is that legal ?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 3, 2024

I am not licensed in Arkansas, but it seems to me that if the tax is expired, then it is legal. If the tax is not expired, then it is not legal.

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 Car Accidents for Arkansas on
Q: I don't have the title on a total loss of a vehicle..it's registered my name w/ documents of personal property tax paid

Is that enough proof of ownership

Tim Akpinar
Tim Akpinar
answered on Sep 5, 2024

An Arkansas attorney could advise best, but your question remains open for a week. Until you have the chance to consult with a local attorney, a title is usually used to prove ownership. You could find out from your DMV how long it takes to get a duplicate title. If your vehicle is declared a total... 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 Criminal Law and Federal Crimes for Arkansas on
Q: Is there a way to get charges resolved before a detainer is placed on someone in federal custody?

My fiance is serving time in a federal prison. Since he’s been incarcerated, White County issued a warrant for his arrest on unrelated charges. The warrant stems from an incident in December 2023 and wasn’t issued until April 2024. He will be incarcerated until the middle of next year. But if a... View More

James L. Arrasmith
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answered on Sep 5, 2024

It may be possible to address the charges from White County before a detainer is placed on your fiancé in federal custody. One option is to reach out to the prosecutor in White County and discuss the situation. You could ask if the prosecutor would consider resolving the charges or setting a court... 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
James L. Arrasmith
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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?
James L. Arrasmith
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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

2 Answers | Asked in Car Accidents and DUI / DWI for Arkansas on
Q: Does insurance have to pay actual value or total replacement costs in auto accidents that result in property damage?

Logging truck drove into my rental. They want to pay 83k for appraisal value of home and lossed rent. Multiple contractors estimate 220k plus to repair. Occurred in Arkansas. Driver was charged with DUI.

Tim Akpinar
Tim Akpinar
answered on Aug 19, 2024

An Arkansas attorney could advise best, but your question remains open for a week. The short answer is that it could depend on the terms of the policy. Some policies are ACV (actual cash value) and some are Replacement Cost. A local attorney should be able to advise definitively after seeing the... View More

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2 Answers | Asked in Car Accidents for Arkansas on
Q: Driver of vehicle who hit my vehicle says it wasn't them and their damage is pre existing.

Hello! I own my own business and use my personal vehicle for service calls and work transportation, fully reliant on my vehicle. On July 11th a truck (white Silverado) merged into my(grey Prius) vehicle at about 55mph. He nearly pitted himself and caused a massive pile up but after I hit the brakes... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 6, 2024

Sometimes it's better to have an attorney represent you than you representing yourself. I believe this is 1 such situation as liability is currently in dispute by the insurance company and you have evidence to provide the insurance company on this issue---as such I would recommend that you... View More

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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 Arbitration / Mediation Law and Health Care Law for Arkansas on
Q: Is it legal for my in network dentist to refuse to file charges for services on my insurance plan?
Tim Akpinar
Tim Akpinar
answered on Aug 2, 2024

An Arkansas attorney could advise best, but your question remains open for a week. It could depend on the dentist's contract with the insurance carrier, whether they are a participating provider, and other possible conditions. If you signed an AOB (assignment of benefits), that would probably... 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 Trademark and Intellectual Property for Arkansas on
Q: I am selling fall candles, can I use "Autumn Walk" on my candle? The word “Autumn” itself is trademarked in candles.

I am looking at selling some of my homemade fall candles. It is considered trademark infringement to describe/name my candle with the word "Autumn" within my candle descriptive name with other words added to it? For example, if I named my candle "Autumn Walk" is that... View More

James L. Arrasmith
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answered on Jul 19, 2024

Using "Autumn Walk" for your candle could potentially be considered trademark infringement. The term "Autumn" being trademarked by Bath and Body Works for candles means they have exclusive rights to use it in that context. Adding another word like "Walk" might not be... View More

1 Answer | Asked in Estate Planning and Elder Law for Arkansas on
Q: To add a name to a deed via quitclaim in Arkansas, is the grantor also listed as a grantee along with the added person?

Adding adult child to property

Anthony M. Avery
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answered on Jul 18, 2024

Hire an AR attorney to draft the deed. Your answer could be yes or no as it depends on what type of estates are created by the transfer.

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