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Arkansas Questions & Answers
1 Answer | Asked in DUI / DWI and Immigration Law for Arkansas on
Q: I am wanting to know about visiting Canada. I had a dui several years ago and have been told I would be denied entry.

Is this true, and if so, is there a way to gain ability to enter the country? I have been to over 20 countries with the majority of them being since having a dui and have not drank per doctor’s directive in several years

James L. Arrasmith
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answered on Feb 21, 2024

It is true that having a DUI on your record could potentially affect your ability to enter Canada. Canadian immigration law considers DUI offenses as serious criminal offenses, and individuals with such convictions may be deemed inadmissible to enter the country. However, each case is evaluated on... View More

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: In Arkansas, when should you take legal action against a landlord regarding a missing deposit?

As of Dec 31, 2023, my lease has been over and I vacated the rental property on Nov 27, 2023. Since a brief discussion on written notice (phrased confusingly in the rental agreement), I have not heard anything from my previous landlord. After a month with no deposit into my account, I reached out... View More

Anthony M. Avery
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answered on Feb 14, 2024

File suit against the exact entity that took your deposit. If there is a term in the lease, then breach of contract. If not, then conversion. But expect that the owner will claim damages to be surcharged against the deposit at trial. Collection of a judgment may require an attorney.

1 Answer | Asked in Family Law for Arkansas on
Q: I removed my name from my child's birth certificate with a recission of paternity form. I wish to have it placed back.

I have court admissible DNA test results. And I and the mother both agree she is my child. What form do I need to turn in to the courts to open a case in which I establish paternity and can have my name put on the birth certificate

T. Augustus Claus
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answered on Feb 13, 2024

In Arkansas, to have your name placed back on your child's birth certificate after a rescission of paternity, you will need to establish paternity through the court. This typically involves filing a petition for the establishment of paternity in the appropriate family court. Since both you and... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: I was passenger of vehicle that got pulled over in Crawford Arkansas owner and driver sign affidavit that I had no know

Knowledge of drugs in his vehicle and he accepted full responsibility to his crime

Richard Lane Hughes
Richard Lane Hughes
answered on Feb 11, 2024

If you were charged with possession it is based upon the legal notion of joint possession. Often prosecutors will charge a passenger or cotenant with knowingly possessing contraband when they are in a reasonable proximity to the substance even if it belongs to another person. The truth is that... View More

1 Answer | Asked in Gov & Administrative Law for Arkansas on
Q: Can a felon be admitted to the bar in Arkansas?
T. Augustus Claus
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answered on Feb 6, 2024

In Arkansas, as in many other states, having a felony conviction does not automatically disqualify an individual from being admitted to the bar and practicing law. The key consideration for admission to the bar for individuals with criminal records, including felonies, is whether the applicant can... View More

2 Answers | Asked in Personal Injury, Car Accidents and Insurance Bad Faith for Arkansas on
Q: The drunk driver insurance company filed bankruptcy. They are the defendant I am the plaintiff, but I was the passenger.

The driver, my ex-boyfriend just got all his medical took care of the lawyer paid and money in his pocket and I was told I’m sorry I don’t know how I can help you now because the other guys insurance company is incomplete bankruptcy. They forgot about my injuries when he turned everything in to... View More

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2024

I'm sorry for your accident and ordeal. There are too many things to sort out here than can be addressed in a brief post. The best thing you can do is to arrange a free initial consult with an attorney. An experienced attorney could examine your matter in more detail - your injuries, the... View More

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3 Answers | Asked in Bankruptcy, Contracts, Foreclosure, Personal Injury and Identity Theft for Arkansas on
Q: How would I go about finding out if someone has married me without me knowing and also taken power of attorney over me

If someone is using my name and social how would I find out how it's being/been used

James L. Arrasmith
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answered on Feb 4, 2024

If you suspect that someone may have married you without your knowledge and obtained power of attorney over you using your name and social security number, it's essential to take immediate action. First, gather any available documents or information related to these concerns. Reach out to your... View More

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1 Answer | Asked in Securities Law for Arkansas on
Q: I have shares from 1939 for bf good rich my grandparents left how do I redeem it I have photos
James L. Arrasmith
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answered on Feb 1, 2024

To redeem shares from 1939 for BF Goodrich that your grandparents left, you'll need to follow these steps:

1. Contact the Company: Start by contacting the company directly, or its successor, that issued the shares. In this case, you should reach out to BF Goodrich or the current...
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1 Answer | Asked in Banking and Business Law for Arkansas on
Q: Is there anything you can do to reclaim money lost in a scam? Or file a loss for the item you paid for but did not get?

The money lost was a loan from the bank. The bank wired the money to the scam account. Money was taken and item was never received. Do banks have some kind of insurance to cover things like this? Can you file a loss/theft with your insurance since you never received the item?

This was a... View More

James L. Arrasmith
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answered on Jan 31, 2024

If you've lost a significant sum of money in a scam where your bank wired the funds to the scammer's account and the item you paid for was never received, there are steps you can take to address this situation. While banks may have fraud protection measures in place, it's essential... View More

1 Answer | Asked in Civil Litigation for Arkansas on
Q: If a vehicle is repossessed by a tow company then vehicle returned to the buyer but personal property was missing

The tow company has my belongings but won't return them what do I need to do to get my personal property back?

James L. Arrasmith
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answered on Jan 31, 2024

If your personal property was missing after your vehicle was repossessed and then returned to you by a tow company, you can take the following steps to get your belongings back:

Contact the Tow Company: Reach out to the tow company that handled the repossession and return of your vehicle....
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1 Answer | Asked in Gov & Administrative Law and Tax Law for Arkansas on
Q: Where could I call and find out all the property in my name threw out the whole country also to find out what bank accou

Accounts for closers and what vehicles are registered in my name and who uses me on there taxes or if I'm on theirs

James L. Arrasmith
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answered on Jan 30, 2024

To gather information about all the properties in your name throughout the country, you would need to conduct a comprehensive property search. This typically involves reaching out to county assessor's offices or tax authorities in each county where you suspect you may have property. You can... View More

2 Answers | Asked in Criminal Law and Civil Rights for Arkansas on
Q: I am on probation in Arkansas , signed for four years back in 2020 . I absconded after about 9 months . I did a 90 day

P.V. this year just got out not even 2 months ago. I missed my 2nd office visit due to weather they were closed. However I never made another appointment. To follow up. I got a job back in another county and was trying to transfer. My boss contacted an faxed paperwork to my p.o. it's only... View More

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answered on Jan 29, 2024

In Arkansas, probation is a legal arrangement where compliance with specific terms and conditions is mandatory. If you absconded from probation initially and then missed a follow-up appointment after a 90-day parole violation (PV) sentence, your probation officer (PO) labeling this as absconding... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Arkansas on
Q: I am on probation in Arkansas , signed for four years back in 2020 . I absconded after about 9 months . I did a 90 day

P.V. this year just got out not even 2 months ago. I missed my 2nd office visit due to weather they were closed. However I never made another appointment. To follow up. I got a job back in another county and was trying to transfer. My boss contacted an faxed paperwork to my p.o. it's only... View More

James L. Arrasmith
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answered on Jan 29, 2024

In Arkansas, probation officers have the authority to report a probation violation if they believe a probationer has not complied with the terms of their probation. This can include failing to report for scheduled appointments, even if there were extenuating circumstances like bad weather.... View More

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1 Answer | Asked in Personal Injury, Civil Rights and Federal Crimes for Arkansas on
Q: What Happenes in a P.R.E.A. case and is it even worth pursuing
James L. Arrasmith
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answered on Jan 29, 2024

A Prison Rape Elimination Act (PREA) case involves allegations of sexual abuse or harassment that occur within a correctional facility. Pursuing a PREA case is important as it addresses violations of inmates' rights to be free from sexual misconduct while incarcerated.

To pursue a PREA...
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1 Answer | Asked in Personal Injury, Civil Rights, Federal Crimes and Criminal Law for Arkansas on
Q: I went to jail. The 1st & 3rd I was raped in the cell by a male trustee
James L. Arrasmith
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answered on Jan 29, 2024

I'm truly sorry to hear about your experience in jail. Sexual assault is a serious matter, and it's crucial to take immediate action. First and foremost, seek medical attention to address any physical injuries and collect evidence.

Contact law enforcement to report the sexual...
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1 Answer | Asked in Criminal Law and Constitutional Law for Arkansas on
Q: I have also been harassed by a neighboring tenant when I am a property owner of 25 years. No investigation and dismissed

After 25 years a tenant moved in 5 years ago next door. They trespassed the very first night. It escalated to property damage. Then terroristic threatening. Along with criminal mischief and defamation. Because of my reaction to the lackadaisical type of treatment I was given I've been written... View More

James L. Arrasmith
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answered on Jan 27, 2024

I'm very sorry to hear about the horrible harassment you have endured from a neighbor for years without getting sufficient help from law enforcement. Your frustration is completely understandable. While the authorities dismissing your concerns is undoubtedly unfair, there may still be some... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Arkansas on
Q: Can I sue if my experience with my job overseeing a racially offensive comment and not hearing anything back from it?

1 year and 3 months ago I turned my manager in to hr for making a racially offensive comment and they said her manager took care of it but I just found out he new nothing of it. I cant stop thinking of it and when i do i just cry even now just typingAm I able to sue? Since they really didn't... View More

James L. Arrasmith
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answered on Jan 26, 2024

Based on the details provided, you may have a potential basis to pursue legal action against your employer for a racial discrimination and hostile work environment claim:

1. Your manager made an insensitive and offensive comment tying racial stereotypes to your birthday celebration plans....
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1 Answer | Asked in Criminal Law, Federal Crimes and Wrongful Death for Arkansas on
Q: Why is inciting someone to commit murder a class Y felony and murder a class A felony

In 2011 a sister called her brother because she was angry with her boyfriend and provided false information which angered the brother to the extent he took a handgun, drove to the sister & boyfriend's residence, lay in wait for the boyfriend and shot him in the chest. The brother was... View More

James L. Arrasmith
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answered on Jan 23, 2024

There are a few reasons why the sister in this case may not have been charged, even though inciting murder is generally a more serious felony than murder itself in Arkansas:

1. Evidentiary issues - While the sister allegedly provided false information that incited the shooting, proving that...
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1 Answer | Asked in Family Law and Real Estate Law for Arkansas on
Q: My mom passed recently. The deed to her property has my grandmother then my mother's name and her heirs. My grandmother

Added her in 2016. Now my grandmother wants me to sign some paperwork back to her.

James L. Arrasmith
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answered on Jan 22, 2024

If the deed to the property includes your mother's name "and her heirs," it suggests that upon your mother's passing, her share in the property would legally pass to her heirs, which likely includes you. Before signing any paperwork to transfer your interest in the property back... View More

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Arkansas on
Q: if three people are in a vehicle and are pulled over and arrestws because of what the officer says is the Blanket Law

There was one bag. The arresting officer took a picture and it weighed 5 grams, the state crime lab repot says one bag and weighed 4.16 grams. The person who had the drugs tried to hide them in the vehicle. Now in court the one person is being charged with 2< andthe other two are being charged... View More

James L. Arrasmith
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answered on Jan 22, 2024

In a situation where multiple people in a vehicle are charged under what's referred to as a "blanket law," it's essential to understand that such laws typically hold all occupants responsible for contraband found in a shared space. However, the specific charges and the weight... View More

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