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Arkansas Questions & Answers
1 Answer | Asked in Real Estate Law for Arkansas on
Q: Is there any law for a seller to get out of a real estate contract before closing?

I do not see any specific contingency in the contract for the seller to terminate the contract. There is a contingency on an addendum that the "buyer reserves the right for any reason or no reason in it's sole discretion to terminate this agreement by writing no later than 5 days before... View More

Anthony M. Avery
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answered on May 23, 2024

Purchasers/Sellers breach real estate contracts daily, with few consequences. Usually only earnest money or a real estate commission are the only actual penalties. But a Specific Performance action is a possibility. Breaching Parties always take a chance.

1 Answer | Asked in Products Liability for Arkansas on
Q: Apartment is charging me for drinking drinks I thought were complimentary during open house apartment tours.

There were free drinks in the lobby and “move in gifts that were clearly labeled” In The rooms but we thought they were for the tours. Now we’re being charged for drinking them.

Tim Akpinar
Tim Akpinar
answered on May 10, 2024

An Arkansas attorney could advise best, but your question remains open for a week. This isn't really a product liability matter, which is more about injuries from dangerous products. It could depend on how reasonable your misunderstanding was - that might require more details about the... 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 Criminal Law and Domestic Violence for Arkansas on
Q: Withdraw guilty plea

Domestic battery 3 charges while in jail pled guilty before knowledge of the charges and their meaning just turned 18

Degen Clow
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Degen Clow
answered on May 15, 2024

Generally, you have 30 days after you have entered a plea to show good cause for the court to let you withdraw the plea.

1 Answer | Asked in Probate for Arkansas on
Q: How do I contest a heirship affidavit in Arkansas. There is no will. All the deceased brothers are deceased.

I am the daughter of one of the brothers, the niece of deceased. The filers where not adopted as far as I know and two are step great nieces and nephews.

Anthony M. Avery
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answered on Apr 30, 2024

If no Probate, then you will need an AR attorney to file a Declaratory Judgment Action.

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 Social Security, Consumer Law and Collections for Arkansas on
Q: How do I file an exemption of my social security disability check for a complaint filed against me for bad debit?

A complaint has been filed in Franklin district court state of Arkansas against me for bad debit I couldn’t pay when I became disabled I can’t afford to file bankruptcy . My ssid check is my only source of personal income my personal property consist of a tv a bedroom suit and a couch coffee... View More

James L. Arrasmith
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answered on Apr 17, 2024

To claim an exemption for your Social Security Disability (SSDI) income in Arkansas, you need to file a "Claim of Exemption" form with the court. Here are the steps to follow:

1. Obtain the "Claim of Exemption" form (Form AR-EX) from the Arkansas Judiciary website or the...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: Does S.I.S give police the right to search without permission?
Richard Lane Hughes
Richard Lane Hughes
answered on Apr 19, 2024

A suspended imposition of sentence (SIS) judgment does not, by itself, affect your 4th Amendment and Arkansas Constitutional Rights. However, this judgment of conviction is often accompanied by a waiver of rights by the defendant that may be made a condition of the SIS sentence. The same is true of... View More

1 Answer | Asked in Copyright and Intellectual Property for Arkansas on
Q: Can 1950 copyrighted syndicated comics that were not re-registered get their copyrighted status back?

I inherited the original galleys of the comics that were copyrighted as a work for hire from the syndicate I also inherited. I have an exclusive licensing contract agreement with a company, who has requested that I update the copyrights to protect them from being used for commercial, and not... View More

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information provided, it sounds like you have inherited the original physical materials (galleys) of comics that were created as works-for-hire and initially copyrighted by the syndicate you also inherited in 1950. The key considerations are:

1. Pre-1978 works had an initial...
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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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2 Answers | Asked in Gov & Administrative Law for Arkansas on
Q: How do I find out about a murder trial from 1990 in Greene county the details
John Michael Frick
John Michael Frick
answered on Apr 10, 2024

There may be some court records available through the court clerk's office. It is unlikely that a transcript of the trial will still be available. If the murder case was appealed, the attorney handling the appeal for the defendant may have kept a transcript of the trial testimony, but is not... View More

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Arkansas on
Q: What does it mean when the copyright or trademark has been abandoned. And if it means the person or entity no longer own

It can some one else take the rights for copyright or trademark. ? If nine of these then if the purpose or business isnt what the propritor has is it okay to use the name?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Apr 10, 2024

The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.... View More

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1 Answer | Asked in Gov & Administrative Law for Arkansas on
Q: Can I legally make a customized Selective Service Card?

Years ago, when I did my SSS registration, my mother laminated the card so I could carry it around in my wallet. Well, fast forward 10yrs, and this card has gone through many wash cycles, and the lamination and card are falling apart. I verified my registration, as well as updated my current... View More

James L. Arrasmith
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answered on Apr 7, 2024

While I understand your desire to have a durable Selective Service card, creating your own customized version is not advisable from a legal standpoint. Even though the Selective Service card is not an official government ID like a driver's license, it is still an official government document.... View More

1 Answer | Asked in Family Law for Arkansas on
Q: Can the adult ward of guardianship in Arkansas file a petition for termination of guardianship?

Boyfriend was hit by a truck n has an appointed guardian in Arkansas n he wants guardianship terminated as he hasn't seen a penny of the settlement n is currently living in a hotel in Illinois.

James L. Arrasmith
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answered on Apr 6, 2024

In Arkansas, an adult ward under guardianship can file a petition to terminate the guardianship if they believe they no longer require a guardian. The process typically involves the following steps:

1. The ward must file a petition with the court that established the guardianship,...
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1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Sexual Harassment for Arkansas on
Q: can i turn myself in if i’ve committed a sexual assault crime without involving the witness?

i could come up with excuses or try to justify my situation but i feel ive sexually assaulted my ex (who lives in Arizona) while we were together, can i turn myself in?

edit: i meant the victim im sorry

James L. Arrasmith
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answered on Apr 4, 2024

I know this is a very difficult situation, but I strongly encourage you to do the right thing - take full accountability for your actions, turn yourself in, and comply with the legal process. Consider consulting with a criminal defense attorney who can advise you on the legal implications and your... View More

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 Real Estate Law and Estate Planning for Arkansas on
Q: Is there a legal binding document for an heir to sign over their rights to another heir, until we can afford to hire an

There’s 5 heirs to a small plot of land.. 3 of which don’t want anything to do with it so they agreed to sign their part over..can a notarized, witnessed statement be legal binding? need it just till we can pay an attorney to file all the paperwork..

Anthony M. Avery
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answered on Apr 1, 2024

Your agreement is unenforceable, as land is usually transferred by deed or heirship. Hire an AR attorney to search the title and draft a deed for the three heirs to convey to the other two as tenants in common.

1 Answer | Asked in Tax Law and Car Accidents for Arkansas on
Q: My car was totaled before I paid sales tax. I now have no money to pay and can't get the check until I do. Help
James L. Arrasmith
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answered on Mar 29, 2024

In a situation where your car was totaled before you managed to pay the sales tax, and you're now facing the challenge of not having the funds to cover this tax to access the insurance check, it's essential to explore all available options. First, consider reaching out to the tax... View More

1 Answer | Asked in Uncategorized for Arkansas on
Q: .01 gram of meth,11grams of pot and a pistol in a semi truck
James L. Arrasmith
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answered on Mar 29, 2024

If you find yourself in a situation where you have .01 gram of methamphetamine, 11 grams of marijuana, and a pistol in a semi-truck, it's crucial to understand the legal implications you might be facing. Possession of controlled substances and firearms can lead to serious consequences,... View More

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