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Arkansas Questions & Answers
1 Answer | Asked in Civil Litigation and Criminal Law for Arkansas on
Q: Is there such thing as failure to appear court?
Tim Akpinar
Tim Akpinar
answered on Jul 27, 2024

An Arkansas attorney could advise best, but your question remains open for two weeks. In a criminal law context, failing to appear without plausible justification could lead to additional charges - that's something an Arkansas criminal defense attorney who is knowledgeable in this area should... 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

1 Answer | Asked in Child Custody, Child Support and Family Law for Arkansas on
Q: Judge court ordered father to amend birth certificate.he did not so how can he still receive child support payments
John Michael Frick
John Michael Frick
answered on Jul 11, 2024

Typically child support obligations are not conditionally tied to other obligations of a parent. The child support obligation to the father is independent of the father's obligation to amend the birth certificate.

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 Constitutional Law and Municipal Law for Arkansas on
Q: Can a police officer tow your car if u have insurance
James L. Arrasmith
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answered on Jul 21, 2024

A police officer can tow your car for several reasons, even if you have insurance. If your car is parked illegally, blocking traffic, or poses a safety hazard, it can be towed regardless of your insurance status. Additionally, if your vehicle is involved in a crime, is abandoned, or you have unpaid... View More

1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Health Care Law for Arkansas on
Q: Can an inmate in a county jail be forced to release his medical records. Can they detain your release for failure to

To appear even if you have a Drs excuse stating you were under Drs care at the time of court.Can they deny you your appointment ( one previous and one after incarcerated ) for and ultrasound on your liver?

James L. Arrasmith
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answered on Jul 21, 2024

You can't be forced to release your medical records without your consent, even if you're an inmate. Medical privacy laws, such as HIPAA, protect your right to confidentiality regarding your health information. However, there might be exceptions if your medical condition directly impacts... View More

1 Answer | Asked in Trademark for Arkansas on
Q: Would it be illegal to use a trademark of someones to name your own foundation?

xx has had the phrase "It'll Buff" trademarked since 2019. I was just wondering if it would be illegal for me to name a foundation "It'll Buff" the Trenton Barger Foundation in remembrance of my 15 year old son who was killed by a POS who was driving a commercial motor... View More

James L. Arrasmith
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answered on Jul 18, 2024

Using a trademarked phrase for your foundation's name can be legally complicated. Trademark law is designed to prevent confusion in the marketplace by ensuring that consumers know the source of goods or services. If "It'll Buff" is already trademarked, using the same phrase... View More

1 Answer | Asked in Gov & Administrative Law for Arkansas on
Q: My home address is on my id card. Is that considered my legal residency
James L. Arrasmith
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answered on Jul 2, 2024

Your home address on your ID card is not necessarily your legal residence, though it often is. Legal residency typically refers to your primary place of living and can have implications for various legal and administrative matters. Here are some key points:

1. ID card address: This is...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: What happens at felony probation revocation. The 1st time.No new crime committed.But for failed drug tests& behind fine

I failed a few drug tests and I'm behind on my fine payments. So my probation officer put in a request for revocation of my probation.

Degen Clow
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Degen Clow
answered on Jul 16, 2024

Completely depends on what court you are in. Contact a criminal defense attorney and they will be happy to speak with you about the case.

1 Answer | Asked in Military Law and Employment Law for Arkansas on
Q: If I am a salaried employee and I go to my scheduled Drill for the ANG for 2 days, is my employer allowed to doc pay?

I am salary and missed 2 days of work due to drill for the ANG and my employer is reducing my pay for the 2 days of missed work. I believe my pay is protected under FLSA since I did not miss a week of work. They told me my options were to take my PTO or Unpaid Leave. They had prior notice to my... View More

Brandon L Newberry
Brandon L Newberry
answered on Jun 20, 2024

Employers are generally required to follow certain laws and regulations regarding pay for employees who are members of the National Guard and are called to perform military duties, including drills. The key law governing this area is the Uniformed Services Employment and Reemployment Rights Act... View More

1 Answer | Asked in Medical Malpractice, Probate and Wrongful Death for Arkansas on
Q: I'm having an issue with a hospital that didn't acknowledge the power of attorney form that I had notarized for my boyfr

He ended up passing away during The Visit that day ignored the PO.A

Anthony M. Avery
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answered on Jun 11, 2024

There may have been something wrong with the POA, or the hospital simply refused to obey the directives of the attorney in fact. What damages did the Decedent incur because of the hospital's disobedience? There may not be any, and if so, no cause of action. If damages are present, then... View More

1 Answer | Asked in Legal Malpractice for Arkansas on
Q: If an attorney fails to show or file for a motion to continue for a trial for protection order what can I do

Attorney was paid order was finalized. My children lost for 10 years. She had reports that would have had the charges dismissed

John Michael Frick
John Michael Frick
answered on Jun 10, 2024

Assuming the attorney was timely paid as required by your attorney employment agreement, the failure of the attorney to appear coupled with the certainty that the charges would have been dismissed had she appeared likely provides good grounds for a legal malpractice case.

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 Car Accidents for Arkansas on
Q: Do i have to go through a mechanic and have my car fixed to settle my insurance claim? Can I just get cash?

I was involved in a car accident that was not my fault and there where no injuries. There insurance company said I will not get any further settlement until my car is dismantled by a mechanic and then they will negotiate getting the car fixed with them. I don't want my car fixed or at least... View More

Tim Akpinar
Tim Akpinar
answered on Jun 9, 2024

An Arkansas attorney could advise best, but your question remains open for two weeks. Usually, most carriers don't care if you carry out the repairs on minor damages. If the accident caused damages that may possibly impact the safety or roadworthiness of the vehicle, or the damages are such... View More

1 Answer | Asked in Probate for Arkansas on
Q: What are my options when dealing with siblings who are not responding concerning the estate of our deceased father?

Met my father at the age of 50 in July 2019. I have a half-sister and stepsister that I did not meet until our father's funeral January 2023. They did not desire to meet me. I was told by my half-sister that our father was a hoarder and Hazmat would need to come in and clean the house. She... View More

Anthony M. Avery
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answered on May 30, 2024

Hire an AR attorney to search Father's title. I f you are an heir, and there is enough value/equity involved, then file suit for a Sale For Partition.

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