Arkansas Questions & Answers by Practice Area


Arkansas Questions & Answers

Q: What is the punishment for possession of paraphernalia charger that was less then a gram of marijuana and a grinder?

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Jul 25, 2017

It should be a Class A Misdemeanor with up to one year in jail and a $2,500 fine. You could be looking at quite a few fines and costs associated with the few drug charges you listed.
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Q: If all beneficiaries of an irrevocable trust agree, can 100 per cent agreement remove a current trustee in Arkansas?

1 Answer | Asked in Estate Planning for Arkansas on
Answered on Jul 24, 2017

It depends in the language in the trust. The trust could limit the trustee's removal. If you don't have a copy of the trust, you can request one from the trustee. Then go see a lawyer.
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Q: After being bond out from a speeding over 15mph and first dwi charge arrests will the judge put me in jail again?

1 Answer | Asked in DUI / DWI and Traffic Tickets for Arkansas on
Answered on Jul 24, 2017

A first time DWI offense is going to carry possible jail time and substantial fines. There are number of factors to consider in this case such as possible plea agreements with the prosecution or taking the case to trial. Unlike a DWI 2nd Offense, which carries a mandatory 7 day jail sentence, a DWI 1st Offense does not carry mandatory jail time. In most cases, jail time could be avoided.
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Q: What is the standard penalty for misdemeanor drug paraphernalia charges in Arkansas without a plea agreement in place

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Jul 24, 2017

While each court is going to vary based on fines and possible jail time, the most you would be looking at would be 1 year in jail and a $2500 fine.
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Q: My mom went to Wal-mart and as she was leaving she slipped on oil in the Wal-mart parking lot. Can my mom sue Wal-mart?

1 Answer | Asked in Personal Injury for Arkansas on
Answered on Jul 23, 2017

Wal-Mart has a duty to provide a reasonable and safe environment for visitors. While Wal-Mart is not liable every time that an injury takes place, it could be held liable when it knew or should have known about a danger and failed to post a warning sign and / or clean it up in a timely manner. You should contact a local personal injury attorney to review the potential case. Most personal injury attorneys will provide a free consultation and (if the case is accepted) will handle the case on a...
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Q: How to get a Terroristic Act that someone else admitting to doing at the trial, sealed from my record?

1 Answer | Asked in Civil Rights, Constitutional Law, Libel & Slander and Criminal Law for Arkansas on
Answered on Jul 12, 2017

If it is a misdemeanor conviction you have at least 90 days of waiting after you file for the expungement (in this case, a seal) before it is granted, if it even would be with pending charges. If it is a felony then you might have other issues you will run into that will prevent you from sealing it.

Hire a lawyer and have them figure it out.
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Q: Can I get a concealed carry license in arkansas with misdemeanors on my record? Dwi 1st 03/13 and DB3 1st 01/16

1 Answer | Asked in DUI / DWI and Domestic Violence for Arkansas on
Answered on Jul 7, 2017

If DB3 stands for domestic battery 3rd them you can't even legally own, possess, or touch a firearm in any state in the union until you get a pardon from the governor, which is not uncommon.
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Q: Ok my car was recovered but the recovery agency didn't file the paperwork I think they said A1IC til yesterday and then

1 Answer | Asked in Car Accidents for Arkansas on
Answered on Jul 7, 2017

If your car insurance has theft protection file a claim with them. You would need to start with regulations regarding holds on vehicles and exceptions you can ask for.
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Q: Can a doctor be sued for personal injury, if it's well past the window for malpractice?

1 Answer | Asked in Personal Injury and Medical Malpractice for Arkansas on
Answered on Jun 30, 2017

No--the injury is from the malpractice, and the malpractice statute governs. Sorry! Suggest you contact a member of the Arkansas Assn for Justice--they give free consults. At least that way you know you asked around, and it is what it is, and however bad or wrong it was at this point you must give yourself permission to make the best of the time you have been given, enjoy what you can--nature, the sky, the creator--as not letting go just means every day your feelings add to the burdens of your...
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Q: My grandchildren were removed by dcfs and place with us and my daughter gave us full custody can we adopt now

1 Answer | Asked in Adoption, Child Custody and Child Support for Arkansas on
Answered on Jun 29, 2017

Thank you for your inquiry. There are a few procedural issues we will need to consider but this is a good time to begin the adoption. Costs are around $4000. Let me know how I might help.

Jim Hensley

501.766.2770
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Q: HR&Ethics no action when reported boss. He's been reported previously and nothing done. EEOC case WM forced admin lv.

1 Answer | Asked in Business Law, Civil Rights and Employment Discrimination for Arkansas on
Answered on Jun 15, 2017

I suggest Steven Woods in Rogers, he practices employment law and will be able to help if you have a case.
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Q: Is an unwitnessed handwritten will valid in Arkansas?

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Answered on Jun 8, 2017

Yes, if it fits the requirements of a holographic Will.

28-25-104. Holographic wills generally.

When the entire body of the will and the signature shall be written in the proper handwriting of the testator, the will may be established by the evidence of at least three (3) credible disinterested witnesses to the handwriting and signature of the testator, notwithstanding there may be no attesting witnesses to the will.
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Q: My daughter is getting divorced her car is in husband's name only. is she responsible for the balance if she returns car

1 Answer | Asked in Bankruptcy, Divorce and Collections for Arkansas on
Answered on Jun 5, 2017

Arkansas is not a community property state, but that doesn't change the answer to your question. If her name is not on the car note, she cannot be held responsible for that debt unless the divorce judge makes her responsible. Even in that case, the only person the financing company can come after is the husband. In that case, he might take her to court for contempt for not paying for the car.
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Q: How do i add my name to my sons birth certificate without his mothers cooperation and how do I find out who has custody?

1 Answer | Asked in Child Custody for Arkansas on
Answered on Jun 5, 2017

If the mother of the child does not agree to the name change, you will have to petition a court to change the birth certificate. There are several factors that a court will use to determine whether it is in the child's best interest to allow the name change.
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Q: If I have a 1 year old baby can her mother bring her new boyfriend over to stay the night when my daughter is there?

1 Answer | Asked in Child Custody for Arkansas on
Answered on Jun 5, 2017

Unless there is a court order specifically prohibiting such behavior, your baby's mother can introduce the child to her new boyfriend.
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Q: I'm gonna be 17 in Oct.Can I move out without emancipation or parent permission from AR to MO with other family members?

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Arkansas on
Answered on Jun 5, 2017

Unless you are emancipated or have your parent's consent, you cannot move out of the house.
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Q: If you write a statement on domestic assault 3 hours after alleged incident and no pictures taken does State have case?

1 Answer | Asked in Domestic Violence for Arkansas on
Answered on Jun 3, 2017
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Q: Is it possible to investigate the cause of a fall at a nursing home to determine whether the staff was negligent?

1 Answer | Asked in Nursing Home Abuse for Arkansas on
Answered on May 30, 2017

Yes, that is certainly possible. I would need more information before I suggest what lengths to go to for an investigation. I will assume that you have some reason to believe that there are circumstances that may amount to either abuse or failure to take proper care. If you are the guardian of the individual, you should first ask the nursing home administration for their version of the facts regarding the fall. If you have a good relationship with an individual on staff there, I would first ask...
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Q: How do you prove medical malpractice occurred?

2 Answers | Asked in Medical Malpractice for Arkansas on
Answered on May 29, 2017

It's very difficult. Start by contacting a member of the Arkansas Trial Lawyers Assn who handles medical cases for the county where it happened or in the nearest large city if there are none in your area--they give free consultations. Follow their advice on what records to get and how.
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Q: Are there any laws stating landlord's have to follow health and/or safety codes?

1 Answer | Asked in Contracts and Landlord - Tenant for Arkansas on
Answered on May 25, 2017

You need to take your lease to a lawyer for review. In Arkansas, generally in a party to a contract materially breaches the contract, then the other party is released from performing under the contract.
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