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Arkansas Questions & Answers

1 Answer | Asked in Banking for Arkansas on



Bruce Alexander Minnick answered on Jun 18, 2019

If it helps to know it, you are only one of many thousands of Americans who have collectively lost billions of dollars to international fraud stings in the past few years. And I am sure the London police also told you there was nothing they could do about it; right? They were not lying.

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1 Answer | Asked in Criminal Law for Arkansas on

Q: Can I be charged with possession of meth and drug paraphernalia at a house that I own but is unoccupied??

My sister and I own a house that was our mons. I was recently arrested and charged wirh meth possession charges and a paraphernalia charge for things found in my yard of this unoccupied house that I own with my sister. It was searched because of a separate crime the cops r trying to charge me... Read more »

James E Hensley Jr answered on Jun 13, 2019

With the facts you mention, it would seem odd that you were arrested. Perhaps there are other issues going on? Either way, you were charged because the police believe you to be involved. The prosecutor is obliged to give you a copy of all the documents and facts that will be used against you.... Read more »

1 Answer | Asked in Car Accidents for Arkansas on

Q: daughter had suspended license,no permission, wrecked my truck, fled foot,no ins. Cop held it til caught, is that legal

Now I can't afford to get it out. Driver of other vehicle wasn't really injured but went to the hospital for dizziness.

Peter N. Munsing answered on Jun 12, 2019

It's generally legal for them to hold the instrument of a crime, but how long is another question. A day or two is one thing--but long enough for it to be unaffordable to get out is a matter you should call the Arkansas Civil liberties Union about. However as long as you had insurance that... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on

Q: I was charged with a felony by my girlfriends son who told me before that I better watch my back. is that a conflict of

should the case be dropped

W. Whitfield Hyman answered on Jun 9, 2019

Your girlfriend's son does not have the power to charge you with a felony and he did not do so.

The police and the prosecutor are the only ones with that power. Your gf's son complained to them, and they charged you.

If it is a conflict of interest, I'm sure the judge and jury would...
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1 Answer | Asked in Patents (Intellectual Property) for Arkansas on

Q: How do I do an exhaustive search on a plant variety to determine whether or not it is a patented variety?

I like to propagate plants from cuttings and then sell them. I obviously want to avoid patent infringement issues.

Ahaji Kirk Amos answered on Jun 8, 2019

You should hire a patent attorney to conduct the search. You may schedule a consultation on my website.

1 Answer | Asked in Contracts and Landlord - Tenant for Arkansas on

Q: Can I get my security deposit back if my property manager texted me and told me I could break my lease.

My rent was increased because I was living in income based. I told my property manager that I may move on April 2nd. She told me it was fine 3 different times throughout the month of April. She said the ppl over her did not care if I broke my lease and that I would get it a full refund for leaving... Read more »

Bruce Alexander Minnick answered on Jun 7, 2019

The amount of money involved is way too small to be of interest to most lawyers. FYI, the law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex."

1 Answer | Asked in Criminal Law for Arkansas on

Q: My friend lives with someone . Borrows his car daily , even has the spare key

Person gets upset with friend and reports his vehicle stolen , is this theft by receiving charge ? Or any charge at all

W. Whitfield Hyman answered on Jun 7, 2019

If they were given permission then it would not be a crime. If permission was revoked and communicated to the person borrowing the car that is an unauthorized use charge or a theft of property charge based on the circumstances.

1 Answer | Asked in Adoption for Arkansas on

Q: Can we legally adopt a child born in Memphis TN if we live in West Memphis AR?

A young lady who use to live in West Memphis, AR and moved to Memphis has agreed to allow us to privately adopt her baby. Is that possible??

James E Hensley Jr answered on Jun 6, 2019

The answer to your question is "yes." The issue is not where the child was BORN but where she LIVES right now.

1 Answer | Asked in Criminal Law for Arkansas on

Q: If visiting someone else's home and not answering the door for police obstruction of government operation?

Was recently visiting a friend home when police came to arrest him. My friend ordered me to be quiet and to not answer the door.when please got the door open they charge me with obstructing goverment operation? With it not being my home and me instructed by the home owner not to open the door... Read more »

W. Whitfield Hyman answered on Jun 6, 2019

Sounds like you're should fight this and sue the officers later.

2 Answers | Asked in Personal Injury for Arkansas on

Q: My daughter was mauled by 2 pit bulls while walking. The owner is not the home owner where they came from whose fault?

Paul Gerard Pfeifer answered on Jun 2, 2019

I am sorry to hear about what occurred. You need to discuss this situation with an Arkansas dog bite lawyer. Liability for what occurred may depend on certain facts that need to be known. I hope she is recovering well.

Paul Pfeifer, Attorney at Law

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1 Answer | Asked in Criminal Law for Arkansas on

Q: If I am on driving probation with a careless or prohibited driving go against that.

I was put on 6 months probation after speeding ticket. I went around a barricade to see where the flooding water had gotten to. Officer gave me a careless prohibited driving

W. Whitfield Hyman answered on May 27, 2019

Yes, an attorney may be able to still help you keep both off your record though.

1 Answer | Asked in Constitutional Law for Arkansas on

Q: Would it be possible to get a ban reversed on an interactive website for infringing on my 1st Amendment rights?

I have been banned from a website for "hate speech". Given that the SCOTUS has ruled that "hate speech" was protected under the 1st Amendment, as well as Judge Naomi Buchwald ruling that the President's Twitter is a "public forum" so he cannot ban people, as well as Marsh v Alabama, stating that a... Read more »

W. Whitfield Hyman answered on May 26, 2019

Private entities can't violate your rights to free speech. Exceptions would include things like the government is using a Facebook page and then blocks you from that Facebook page. Unless you're more specific, what you have described does not sound like a free speech violation.

1 Answer | Asked in Civil Rights for Arkansas on

Q: My ex friend stole my winning lottery ticket can I still claim my winnings ?

Got into domestic dispute and I went to jail my ex broke into my place and all of my lottery tickets and won the lottery off of my winning ticket she even told 6 people she won it off my ticket

W. Whitfield Hyman answered on May 13, 2019

Yes but you will have to sue them for it, which you should do before they spend it all.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Arkansas on

Q: On Felony probation n was told I'll be starting minimum supervision, I see my PO once/month now so how often is minimum

Hi I'm on felony probation in Arkansas but was told I'll be starting minimum supervision, I see my PO once/month now so how often is minimum? TIA

Gary Kollin answered on May 12, 2019

Why didnt you ask your probation officer?

1 Answer | Asked in Landlord - Tenant for Arkansas on

Q: My apartment complex let themselves into our apartment w/o notice. Is that breaking the lease?

It doesn’t say in our lease that they can come in without notice except in an emergency or when maintenance is scheduled. We weren’t home so we didn’t know they came in until we saw the letter they left saying they came in and checked for potential hazards. It also doesn’t state in the... Read more »

Bruce Alexander Minnick answered on Apr 16, 2019

Look closely at the lease. Unless I miss my guess the lease says the landlord can enter THEIR property anytime they need to get in.

1 Answer | Asked in Banking for Arkansas on

Q: Is it legal for a bank to pay only certain subcontractors, once the Architect has certified an AIA pay application

The bank has a construction loan to the owners, the general contractor turned pay application in to the Architect, who certified it and sent to bank for payment. Subcontractor has gone to the bank, he a customer there and wants paid, while rest of application is not being paid at this time

Bruce Alexander Minnick answered on Apr 7, 2019

Construction loans are disbursed piecemeal, as different phases are complete. The first phase includes paying the architect who drew the construction plans for the contractor to use when building the structure.

1 Answer | Asked in Family Law and Child Custody for Arkansas on

Q: sole legal custody parent has not gotten glasses or eye exam for vision impair son for a year. Can the NCP get legal cus

My boyfriend's Ex-wife has sole physical and legal custody (he was unaware of what he was giving up). Their son has bad vision, he has gone over a year without an eye exam and went without glasses for a year. My boyfriend kept asking her when she was going to do it and she kept saying she was... Read more »

Chris W. Burks answered on Apr 5, 2019

Thanks and the standard for a change in custody in Arkansas is a material change in circumstances. You could argue that the child's poor attendance and performance in school, coupled with worsening health amounts to a change in circumstances. There are many factors a Court will consider, but it... Read more »

1 Answer | Asked in Contracts and Traffic Tickets for Arkansas on

Q: Is there a time limit to getting your car off the side of the road in arkansas state?

My car was on the side of the road for a little over a hour

Bruce Alexander Minnick answered on Apr 4, 2019

It is unlawful to leave an unattended car on the side of most roads in every state. And--depending upon which road it is, the authorities will be sure to give tickets (and may even impound cars) when in interest of public safety.

1 Answer | Asked in Tax Law for Arkansas on

Q: If my spouse is incarcerated, can I file married jointly?

D. Mathew Blackburn answered on Apr 3, 2019

Yes. Under IRS rules and regulations, deferring to state marital law, incarceration does not change your marital status. You are able to file married jointly.

You could also file as Married Separate (generally not beneficial) or Head of Household if he was incarcerated for at least 6...
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2 Answers | Asked in Tax Law and Identity Theft for Arkansas on

Q: Can I still file married joint if my spouse's SSN has been filed on another return?

My spouse is incarcerated and it appears that their ssn was e-filed on a return by someone already without permission.

Bruce Alexander Minnick answered on Apr 3, 2019

Be very careful here. If you attempt to file jointly after your spouse (or someone else posing as your spouse) has filed, the IRS will likely notice the duplicity in SSANs--and will possibly hold YOU responsible. The last thing either of you two need is the IRS coming after you.

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