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Arkansas Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: I was sexually assaulted by a srg. At a detention center and I'm disabled can I sue?
James L. Arrasmith
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answered on Mar 28, 2024

I'm truly sorry to hear about your experience. It's important to know that victims of sexual assault have legal rights, including the right to pursue a lawsuit against the perpetrator and potentially the institution where the incident occurred. This applies regardless of your disability... View More

1 Answer | Asked in Criminal Law and Health Care Law for Arkansas on
Q: are police supposed to stay with a person just arrested if they have to go to hospital before jail?

My stepfather suffered from a stroke in the police car after being arrested. it was from an adjoining county. After being placed in the car, our county waited on the county with the warrant at a local Dollar General. It would have taken at least 30 mins for the transporter to arrive. After... View More

James L. Arrasmith
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answered on Mar 25, 2024

When someone is arrested and requires hospitalization, police are typically required to ensure the person's safety and well-being, which often includes staying with or ensuring that the individual is securely handed over to medical staff. The exact protocols can vary based on local laws and... View More

2 Answers | Asked in Immigration Law for Arkansas on
Q: Help for immigrant abused/abandoned by husband "Good Faith" process incomp. US born son prior to marriage.

Indiv has been in US for 8 yrs. Has a child born in US prior to marriage. Reports meeting husband , who is a US citizen, casually in home country. She came to US on a visa. He sought her out through mutual friends in US, courted her and married in 2017. Reports she was in love. After a few... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 20, 2024

She can pursue a VAWA application to obtain her green card. This is the Violence Against Women Act. She should retain counsel to file her VAWA case.

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1 Answer | Asked in Gov & Administrative Law for Arkansas on
Q: Is it illegal to stop on the side of the highway or interstate if there is not an emergency or disabled vehicle in AR?

Such as to use a cellphone, get out and stretch, take a nap, etc.

James L. Arrasmith
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answered on Mar 20, 2024

In Arkansas, stopping on the side of the highway or interstate is generally reserved for emergencies or situations where the vehicle is disabled. This is primarily for safety reasons, as highways and interstates are high-speed roads where stopping can be dangerous both for the driver and for other... View More

1 Answer | Asked in Estate Planning, Probate and Personal Injury for Arkansas on
Q: What kind of will does one need who has mesothelioma

My brother in law was diagnosed with lung cancer and he was advised he needed to make a will so that any litigation will go on in the event of his passing before a settlement is reached

Tim Akpinar
Tim Akpinar
answered on Mar 20, 2024

An Arkansas attorney could advise best, but your question remains open for a week. You may want to repost and add Probate an Estate Planning as categories - attorneys in those areas of practice would probably have greater insight than most average personal injury firms into what provisions would be... View More

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: I am in landlord in Arkansas. Am I required by law to remind my tenants of their lease expiration date?

My tenants lease is up March 15 2024. They have been behind on rent for months and have been trying to make payments are never getting caught up. I told them last month that their lease was up in March and the only way to renew would be if they are caught up and able to pay a 2-3 months of rent in... View More

James L. Arrasmith
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answered on Mar 30, 2024

In Arkansas, the specific requirements for notifying tenants about the expiration of their lease or the need to vacate the property at the end of the lease term can depend on the terms of the lease agreement itself and state law. Generally, if your lease agreement clearly states the end date and... View More

1 Answer | Asked in Criminal Law, Federal Crimes and White Collar Crime for Arkansas on
Q: I was criminally banned by someone who claimed to be the owner, how does the owner get that lifted?

My spouses, ex has been harassing me. have proof of her constantly threatening me and even attacking me. she has broken into my previous residence. I moved in with him and she broke in into the house when he was away. 2020 Arkansas Code Title 5 - Criminal Offenses Subtitle 4 -Offenses Against... View More

James L. Arrasmith
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answered on Mar 13, 2024

If the owner of the property wants to lift a criminal trespass ban they previously issued against you, they would need to follow these general steps:

1. Contact law enforcement: The owner should reach out to the law enforcement agency that initially handled the criminal trespass notice and...
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1 Answer | Asked in Education Law, Employment Discrimination, Employment Law and Civil Rights for Arkansas on
Q: Employment law. I had recently been suspended for something I didn't do for 3 days without pay without any proof at all

The person who suspended me tried to get me fired once before, but failed because they lied. Now I see it as retaliation. He tried to get me fired again.no investigation was done with my proof and all proof that I showed HR that I couldn't have done what they said because I was asleep in the... View More

James L. Arrasmith
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answered on Mar 8, 2024

When facing suspension from work without just cause, especially if it appears to be an act of retaliation, it's critical to know your rights and the appropriate steps to address the situation. Begin by documenting every relevant detail of the incidents, including dates, times, interactions,... View More

1 Answer | Asked in Gov & Administrative Law for Arkansas on
Q: My vehicle title was stolen and transferred.

Was swapping vehicles with guy. Gave him title and few days later he claimed title disappeared from glovebox. After about 8 weeks he wanted to swap back. In January I went to DMV to renew tags to find out title was transferred to him and now has a lien on it

James L. Arrasmith
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answered on Mar 8, 2024

If you discover that your vehicle title was stolen and transferred without your consent, it's crucial to take immediate action. First, report the theft to the police and provide them with all the details of the transaction and the individual involved. This report is essential as it serves as a... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arkansas on
Q: I feel like I was forced to take a plea offer on three possession charges by a corrupt court. Can I do anything?
James L. Arrasmith
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answered on Mar 7, 2024

If you believe that you were forced to accept a plea deal and that the court was corrupt, you may have some options to challenge your conviction and/or seek justice. However, the path forward can be complex and may require the assistance of a skilled attorney. Here are some potential steps you can... View More

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: I live in arkansas and my house caught on fire and was a total loss.can the landlord tow my truck without a eviction?

I live in arkansas and my house caught on fire and was a total loss.the landlord is mad because he didn't have insurance and 2 days after the fire he called a towing company to come tow my truck without letting me know anything.ive not been served a eviction notice or anything.is this illegal?... View More

James L. Arrasmith
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answered on Mar 31, 2024

I'm so sorry to hear about the fire and the loss of your home. That must be an incredibly stressful and difficult situation to deal with.

Regarding your landlord towing your truck, based on the details you provided, it does appear that the landlord likely acted illegally:

- In...
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1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: Can I sue landlord for improper eviction?

I was served papers to vacate my rental, not an eviction notice, I moved some of my property but not all due to mold in the house and me feeling sick around it. I have a text from the landlord asking if I had moved out and I never replied, now they have fully removed all of my property ( 3 bedrooms... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you provided, it seems that your landlord may have wrongfully removed your property without following proper legal procedures for eviction. To determine if you have a valid case to sue your landlord, consider the following:

1. Lease agreement: Review your lease to...
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1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: I am looking for the Arkansas Code Annotated section regarding a landlord selling a rental without notifying the tenant

In some research, I have found where it indicates you must give your tenants at least 60 days’ notice before showing the property or allowing any access for inspections. But then in other areas, it said the landlord only needs to give 24-48 hour notice. I would like to write a proper letter using... View More

James L. Arrasmith
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answered on Mar 31, 2024

In Arkansas, the relevant statute is Arkansas Code § 18-17-701, which addresses a landlord's right to access a rental property. This statute does not specifically address the situation of a landlord selling a rental property without notifying the tenant. However, it does provide guidance on... View More

1 Answer | Asked in Civil Rights for Arkansas on
Q: I was in a local McDonald's the other morning when the lobby opened I went in and went to the bathroom there was a bag

On the counter I grabbed it and took it to the front I said it was in the bathroom about 5 mins later a African American guy came out and was angry saying g he had a bag of weed in his bag and now it's gone and I was the only person in there so about 10 or 20 mins later he came back out and... View More

James L. Arrasmith
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answered on Mar 6, 2024

In this scenario, the situation involves complex issues of privacy, accusation without evidence, and the uncomfortable position you were put in. Firstly, it's important to recognize that any person, regardless of their role at the establishment, demanding to search you, especially over a... View More

1 Answer | Asked in Criminal Law, Communications Law, Federal Crimes and Civil Rights for Arkansas on
Q: Is this illegal

There another tenant from another building coming over to my parking lot area(really close to my apt) possibly my balcony and filming my conversation where as I talking inside. It film audio and video by phone.

James L. Arrasmith
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answered on Mar 8, 2024

If another tenant is filming your conversations without consent, especially when you are inside your own apartment, this could potentially violate privacy laws. The legality of such actions largely depends on the jurisdiction and specific state laws regarding privacy and consent for recording... View More

1 Answer | Asked in Tax Law for Arkansas on
Q: Can a provider legally charge a state 911 tax for a device that is not capable of dialing 911?

I have a smartwatch for my daughter through Gabb. She can make and receive calls to/from approved contacts, but the device does not have the capability of calling 911. I am charged $1.30 for the tax each month.

James L. Arrasmith
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answered on Mar 2, 2024

Based on the information provided, it seems unlikely that Gabb can legally charge a 911 tax for a device that is not actually capable of dialing 911. Here are a few key points on this issue:

- 911 fees or taxes are specifically intended to help fund emergency response services and systems...
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1 Answer | Asked in Business Law and Landlord - Tenant for Arkansas on
Q: What does it mean if my landlord license has been revoked? I live in arkansas.
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answered on Mar 31, 2024

If your landlord's license has been revoked in Arkansas, it means that they no longer have the legal right to operate as a landlord in the state. This could happen for a variety of reasons, such as:

1. Failing to maintain the property in accordance with housing codes and regulations...
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1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: In Ark if property owned Jointly no will and one dies, dose the other get full owernship or does 2/3 go to children

both have adult children from other marriages

Anthony M. Avery
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answered on Mar 1, 2024

Hire an AR attorney to search the title and determine heirship, possibly recording an Affidavit of Heirship.

1 Answer | Asked in Probate for Arkansas on
Q: My husband died and I need to become owner of his estate he owns he had no will no children what do I do to get it done.
Anthony M. Avery
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answered on Feb 27, 2024

You are definitely a heir and a next of kin of your Husband, and possibly the sole heir. Consult with an AR attorney to determine heirship. An affidavit of heirship might need to be recorded as a source of title, or assist in transferring car titles. Hopefully you will not need Probate to get... View More

3 Answers | Asked in Bankruptcy for Arkansas on
Q: I’m in a chapter 13 bankruptcy and the deadline for the creditors to file a proof of claim was 10/5/2023 and gov claim

Was 01/23/2024 so today which is 02/23/24 the department of education file a claim a month after the deadline what will happen about this

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 23, 2024

From the facts you provide, it appears that as the Ch. 13 debtor in possession, you/your lawyer can file an Objection to the Proof of Claim. So can the Ch. 13 Trustee, or, alternatively, the 13 Trustee can file a Motion for Authority from the Court to pay Claims, showing the DoE claim as getting... View More

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