Arkansas Questions & Answers by Practice Area


Arkansas Questions & Answers

Q: My boyfriend was arrested for theft by receiving. With extuating circumstances. What will happen to him

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Sep 14, 2017

If you were a witness to these events then you will want to talk to a defense attorney about this. Thor boyfriend will be given a court date and you will want an attorney to fight the charges.
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Q: How can someone be charged with Assault on a family or household member 3rd degree if the person that supposedly was

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Sep 14, 2017

It sounds like the charge might have been either a clerical error or the officer made a mistake. Nonetheless, the prosecutor can easily amend the charge to the correct one at a later date.
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Q: can i sue if my charges are null processed

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Sep 13, 2017

Potentially. I'd have to know a lot more.
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Q: Can a partime 2 law enforcement officer search and seize anything in a citizens vehicle?

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Sep 12, 2017

Probably not if he was an auxiliary law enforcement officer that was not accompanied by another full time law enforcement officer or if he acted contrary to the directions of a full time law enforcement officer that was present.
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Q: I travel for work and need new husband to be able to make legal decisions for my son. Can he be named a legal guardian?

1 Answer | Asked in Adoption and Child Custody for Arkansas on
Answered on Sep 12, 2017

There is nothing needed to get your child to school or for medical intervention. Adoption is an option but so is a power of attorney.
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Q: I recently purchased a car from a guy but he didn't have a title..he assured me that I could use our written bill of sal

1 Answer | Asked in Products Liability and Contracts for Arkansas on
Answered on Sep 11, 2017

Sue him for what is called recision--means unwinding the deal--and also for what you paid. Hopefully you can do that in small claims.You'll have a problem if the bill of sales said that and you still signed, but give it a shot. You can also talk to the attorney generals consumer division if he was a business as it may be illegal to sell a car with no title and a waive to a consumer.
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Q: I received a ticket in Arkansas misdomenor leaving scene of accident what are the penalties

1 Answer | Asked in Car Accidents and Traffic Tickets for Arkansas on
Answered on Sep 11, 2017

Possible suspension--any leaving the scene case is worth getting a lawyer consultation from an attorney who handles violations in the court where it is headed.
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Q: my fiancee has a protection order against her ex boyfriend because he used to beat her, and he knowingly comes by her

1 Answer | Asked in Criminal Law and Domestic Violence for Arkansas on
Answered on Sep 10, 2017

if she has an order of protection you will want to file a police report after the next contact by the ex-boyfriend. Have evidence of the contact, i.e. text message or email, and then take the evidence and police report to the Prosecuting Attorney's Office to have them look at filing charges for violating the order of protection.
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Q: If I had a record sealed 16 90 905 will be rights be restored?

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Sep 8, 2017

Right to vote probably. Right to carry a gun requires Governor pardon on the issue. Most criminal trial attorneys can file the correct documents for around $2500. Might try www.acic.org but you will be on your own. It takes a year to get through the system and if you fill out the papers incorrectly, you just wasted a year. Get a lawyer.
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Q: Let's say the police are on my property possibly performing surveillance my property is posted clearly to what extent

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Answered on Sep 8, 2017

They can surveil your property at any time. There is no expectation of privacy. A sign does not do anything for you. You say "so-called" police. If they are the real police, they can bother you a lot. Wonder why they are looking at you? Maybe get an attorney to find out.
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Q: In Arkansas do you have to allow both probation officer and police officers into your home for a routine home visit?

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Sep 8, 2017

I took this issue to the Arkansas Supreme Court and lost. The parolee agreed to allowing the parole officer search him at home and in his car. The local police stopped him, searched him, found contraband, arrested him. I argued that the agreement did not allow the police to search without a warrant. Arkansas Supreme Court changed the law to allow the police to search.
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Q: Does this law mean that a parolee and their property can be searched anytime based only on suspicion of neighbors?

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Answered on Sep 8, 2017

I took a similar issue to the Arkansas Supreme Court and lost. The parolee agreed to allowing the parole officer search him at home and in his car. The local police stopped him, searched him, found contraband, arrested him. I argued that the agreement did not allow the police to search without a warrant. Arkansas Supreme Court changed the law to allow the police to search.

I say all that so you will know that a parolee can be searched just about any time and under just about any...
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Q: I signed for bail for my stepson. I knew better. He skipped out on the bail,so I ended up paying the $5000.00 BOND,

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Sep 8, 2017

If you paid the bond through the court, you might have a chance; especially if the Court did not forfeit the bond and keep it. If you paid a bondsman, then there will be little chance of return if the bondman had to pay out.
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Q: I had a threesome it was recorded and she started showing other people without my permission. What is the law

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Sep 8, 2017

Not sure you have a criminal issue. You might have to sue her civilly to obtain the tape and all copies. Short answer? Probably not much will happen. There are laws to prevent such behavior but few prosecutors will to much about it. I wish I had a better answer. If there was a minor on the recording then that changes my answer a lot. There will be a very good chance at criminal charges.
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Q: What do I do about my fiancee ex, she keeps messaging from fake profiles and harassing us? I have proof its her too

1 Answer | Asked in Criminal Law and Domestic Violence for Arkansas on
Answered on Sep 8, 2017

File a police report then take that report to your local prosecutor. If they do not issue a warrant, then ask them to send the Ex a caution letter.
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Q: What is the law for a stripsearch in arkansas county jails

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Sep 8, 2017

Typically, all searches are invasive if one is arrested and taken to jail. The reason is to ensure no contraband is allowed into the facility.
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Q: my brother has an order of protection filed against him, can an attrny appear in court on his behalf?

1 Answer | Asked in Domestic Violence for Arkansas on
Answered on Sep 8, 2017
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Q: Is it possible to include a health care direction as part of my will, or must they be drafted as separate documents?

1 Answer | Asked in Estate Planning for Arkansas on
Answered on Sep 7, 2017

Think about this. A will is effective only after you have died. Will medical direction be useful then? Of course you need a separate document!

Seek a local estate planning lawyer to both prepare a valid Will and valid Powers of Attorney and / or Medical directives to insure your wishes are fulfilled.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in...
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Q: If I'm an only child and no spouse, does my mom need a will?

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Answered on Sep 3, 2017

She will need to create a beneficiary deed and/or a trust to avoid probate, even if you will be her only surviving heir.I would suggest that she meet with an estate planning attorney to go over all of her options for avoiding probate.
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Q: My mother has guardianship of my son. She took him to an ER. Do I have any rights to be notified of this?

1 Answer | Asked in Family Law for Arkansas on
Answered on Sep 3, 2017

The answer to your first question will depend on the whether receiving notification of the child's medical emergencies, or similar language, was included in the Order of Guardianship.I wouldn't be able to answer the second question without asking a lot of questions regarding your situation. I would suggest consulting an attorney.
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