Arkansas Questions & Answers

Q: Will 3-3-301 Stuate be on my criminal records for the first offense ? Will it affect my job applications?

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Jun 14, 2018
W. Whitfield Hyman's answer
It will be on your record until it is expunged, and:

"(b) In addition to all other fines and penalties herein provided, the Director of the Alcoholic Beverage Control Division shall revoke all alcoholic beverage permits held by any person convicted for a violation of this subchapter."

It is a misdemeanor, but I don't know which part of that chapter you're charged with there are several offenses.
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Q: In Ark.Do you need more evidence than eye witness testimonies to get charged with Domestic Assualt. It's he said he said

1 Answer | Asked in Domestic Violence for Arkansas on
Answered on Jun 13, 2018
Stewart Whaley's answer
Eyewitnesses one could b sufficient. More information about the exact circumstances are needed to determine the likelihood of how your case could end. Contact a defense attorney to review your case.
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Q: Hello, does buying a house in the US and putting it up for rent make one eligible for a green card?

1 Answer | Asked in Immigration Law for Arkansas on
Answered on Jun 12, 2018
Carl Shusterman's answer
No, not at all. Maybe, your confusing this with the EB-5 program.

Like many countries, the U.S. provides a means of entry for wealthy people who will pump money into its economy. This is known as the employment fifth preference—or “EB-5”—immigrant visa, which allows people to obtain permanent residence immediately upon entry to the United States.

However, applicants for a U.S. green card based on investment must not only invest between $500,000 and $1 million in a U.S....
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Q: If my fiance’s child’s mother has been on drugs and in and out of jail would it be pretty easy for us to get custody?

1 Answer | Asked in Child Custody for Arkansas on
Answered on Jun 12, 2018
Stewart Whaley's answer
You should contact an attorney with child custody experience. You need to establish paternity, them move towards visitation and custody
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Q: Never met this child or have anything to do with it, I have two children that live with me, can I avoid CS?

1 Answer | Asked in Child Support for Arkansas on
Answered on Jun 12, 2018
Stewart Whaley's answer
If paternity is established (DNA test, for example), you are paying support whether you've met the child or not.
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Q: When declaring someone in Arkansas's address. What should law enforcement go by?

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Domestic Violence for Arkansas on
Answered on Jun 12, 2018
Stewart Whaley's answer
It depends on what happened. If consent is voluntary (state must prove) and the person is apparently authorized to give consent, the search is probably legal (see Arkansas Rules of Criminal Procedure 11.2). Think about. If you give a guest access to a residence, what's the difference in them searching or them telling someone else they can do it? Generally, if law enforcement has reason to believe they have the authority to grant permission, law enforcement can rely on it. For a specific...
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Q: If a judgement has been placed against someone and the person does not work what happens?

1 Answer | Asked in Bankruptcy and Collections for Arkansas on
Answered on Jun 9, 2018
Timothy Denison's answer
If you don’t work and don’t have any income, it is very difficult for them to take anything from you.
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Q: How many controlled buys would one have to make on another in order for the charges of delivery to hold up in court.

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Jun 5, 2018
Stewart Whaley's answer
Delivery only requires on transaction. The weight (amount) of the substance modifies the possible penalty.

The delivery statutes are here: https://law.justia.com/codes/arkansas/2017/title-5/subtitle-6/chapter-64/subchapter-4/

There is no requirement for multiple transactions.

Do not discuss any specifics of your case on the internet or in person to anyone other than a lawyer.
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Q: I didn't join my country obligatory military and I was sentenced to pay a fine. Do I lack GMC? Check the info section

2 Answers | Asked in Immigration Law for Arkansas on
Answered on Jun 4, 2018
Carl Shusterman's answer
You need to mention this on your N-400, but it probably will not keep you from demonstrating that you have good moral character.
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Q: I need to find a lawyer that don't mind just getting what the law allows malpractice suit for wrongful death

1 Answer | Asked in Medical Malpractice for Arkansas on
Answered on May 29, 2018
Richard Lane Hughes' answer
This doesn't seem to be a question. However, be mindful that medical negligence causes have a short statute of limitations and most lawyers are unable to commit to a case until a good bit of investigation is done. So talk to an attorney and pursue your case as soon as you can.
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Q: Someone wrote a book about my life and crime. It's even titled after me. I didn't consent.

1 Answer | Asked in Copyright, Collections, Constitutional Law and Public Benefits for Arkansas on
Answered on May 28, 2018
John Espinosa's answer
This question doesn't belong in any of these categories. You may have a civil cause of action for defamation. You should consult with a litigation attorney who specializes in defamation. Here is some more information about defamation: https://www.nolo.com/legal-encyclopedia/defamation-law-made-simple-29718.html
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Q: Habitual offender felony. How much could one serve in prison with thos felony alone ? And its for violent crimes

1 Answer | Asked in Criminal Law for Arkansas on
Answered on May 27, 2018
Stewart Whaley's answer
“Habitual offender” is not a felony, it is an increase in the amount of prison time you can be sentenced for committing additional felonies.

The extension depends on the number of prior convictions and what the those conviction were.

See here:

https://law.justia.com/codes/arkansas/2017/title-5/subtitle-1/chapter-4/subchapter-5/section-5-4-501/

Q: I have sole custody. Do I have to let the other parent know legally who is around or watching my child at all times?

1 Answer | Asked in Child Custody and Family Law for Arkansas on
Answered on May 27, 2018
Stewart Whaley's answer
What does “did a paternity mean?”

My guess is a paternity test...

You don’t HAVE to tell him anything.

Unless paternity has been legally established (one of you has to bring a law suit), he has no rights, basically.

https://whlawoffices.com/establish-paternity/
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Q: If my name is incorrect in several documents, does that discredit the case?

1 Answer | Asked in Criminal Law, Civil Rights and Libel & Slander for Arkansas on
Answered on May 23, 2018
Richard Lane Hughes' answer
Generally, the answer is no. Unless there is a genuine issue as to the identity of an individual in a report, document, etc., the misspelling or incorrect use of a name is considered a misnomer and will not affect the use of the documents or the outcome of a case.

Q: Can a company withhold final check due to lost receipts for $30.

1 Answer | Asked in Employment Law for Arkansas on
Answered on May 22, 2018
Salim U. Shaikh's answer
In order to settle your final check you need to clear all pending/outstanding dues. For any reasons, receipts to reconcile your accounts are required that you need to provide to them or submit an undertaking that such and such amount was spent on ..... and receipts are lost. Alternatively, you can obtain duplicate receipts if possible. As a last resort your employer can deduct or retain an equivalent amount and settle the rest.

Q: question on concurrent H1-B which is working for multiple employers.

2 Answers | Asked in Employment Law and Immigration Law for Arkansas on
Answered on May 21, 2018
Kevin L Dixler's answer
No attorney can explain in detail how the situation works. That will likely take a paid appointment. What we can state is that you cannot work full time for two employers. In addition, if employer B files an H1b for you, you will likely have to work for employer B, only. Also, if the new job is not substantially similar to the old job, then you can't work until the H-1b visa change of status/employers is approved.

I strongly recommend an appointment or teleconference with a...

Q: Received a drug paraphernalia citation in Arkansas 564-443. I live out of State. What are my options?

1 Answer | Asked in Criminal Law for Arkansas on
Answered on May 20, 2018
James E Hensley Jr's answer
Get a lawyer right now. Depending on the charge you are looking at a lot of prison time. Don't talk to anyone who is not a lawyer either.

Q: I'm from out of State and got a drug paraphernalia citation in Arkansas. Was not arrested and was honest with the cop.

1 Answer | Asked in Criminal Law for Arkansas on
Answered on May 20, 2018
W. Whitfield Hyman's answer
If you hire an attorney you might not have to come back at all land they may be able to keep it off your record or get the charges dropped entirely.

Any specific advice would be limited to the specific location you were arrested.

Q: If you get pulled over and refuse the chemical analysis test does that give you the right to refuse other sobriety tests

1 Answer | Asked in DUI / DWI for Arkansas on
Answered on May 20, 2018
Stewart Whaley's answer
You can always refuse the Standardized Field Sobriety Tests (SFSTs).

The SFSTs are designed for failure to establish probably cause for arrest (plenty of sober people can't pass them for MANY reasons).

If you refuse the SFSTs, do not be surprised if (when) the officer "finds" what he/she believes is probable cause for arrest.

--This is just my opinion and should not be treated as legal advice. I am not your lawyer. Hire a lawyer for legal advice. Note, I am a lawyer...

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