Arkansas Questions & Answers

Q: My dad was charged with open container in Jonesboro, Arkansas

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Feb 12, 2019
W. Whitfield Hyman's answer
I just pulled the statute, if the container was truly empty then your dad might have a case for suing the police officer over this false charge.

Q: Are there any Pro Bono Lawyers in Lonoke County or, any that will take a Divorce case based on contingency ?

1 Answer | Asked in Divorce for Arkansas on
Answered on Feb 11, 2019
Stewart Whaley's answer
Can't do a contingency fee in Arkansas divorces. It will be difficult securing a pro bono divorce. If the parties agree to an uncontested divorce, you may find a reasonable, fixed-fee option.

Arkansas Rule 1.5(d) (d) A lawyer shall not enter into an arrangement for, charge, or collect:

(1) any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu...

Q: My mom passed with no will I'm bout to lose her house to foreclosure can I file bankruptcy to save house

3 Answers | Asked in Bankruptcy for Arkansas on
Answered on Feb 7, 2019
Timothy Denison's answer
Possibly, yes, depending on the circumstances. You should contact a competent practitioner to review all hour options.

Q: Hi i have a few questions about the revocation of probation can anybody help out

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Jan 30, 2019
James E Hensley Jr's answer
You need to talk with a lawyer. You could go to prison from one year to several years. Being revoked means you did not follow the Court's orders regarding your probation. Your question is very broad. We need to know where the case is, the Judge's name, your charges, your name, the specifics of your probation order, etc. Most lawyers will answer your question over the phone. The lawyers listed here are great to help. I'll be glad to talk with you too.

It is good you are reaching...

Q: If no father listed on birth certificate and he hasnt been in picture for year. Does he have to consent to sp adoption

1 Answer | Asked in Adoption for Arkansas on
Answered on Jan 29, 2019
Arnab Kumar Banerjee's answer
as per Arkansas adoption law if birth father abandoned the children, he cannot consent the adoption.

Q: how do I get my doctor bills and pain and suffering from someone who broke into my house and attacked me

1 Answer | Asked in Personal Injury for Arkansas on
Answered on Jan 23, 2019
Peter Munsing's answer
People that do that type of thing tend to be poor or not have assets. Short answer is you can sue him,but that won't get you anything but a piece of paper. You want to get with the DA's victim assistance coordinator, and ask that restitution be part of any sentence. As far as the doctor bills, if you had homeowners, see if that will cover them. If not see if your state has a program for crime victim assistance. For the trauma I also suggest you conatct a counselor who does EMDR. Google:...

Q: he wants a divorce it's under the active ACA 9-1 2-3 0-1 V I can I di dispute

1 Answer | Asked in Divorce for Arkansas on
Answered on Jan 18, 2019
Richard Lane Hughes' answer
Yes. You can always dispute alleged grounds for divorce. The party that asserts grounds for and seeks a divorce or other relief bears the burden of proof. However, you must timely answer, in writing, denying that grounds or a particular ground exists or you may waive your right to contest the divorce.

Q: Motion of discovery?

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Jan 18, 2019
W. Whitfield Hyman's answer
If there is a CI you can get their name and let the defendant watch the video, but then the prosecutor has a right to change the offer for the worse or just set it for trial.

You have a right to Discovery but no right to an offer.

Q: Order to seal and expunge under 5-64-401 act 346 give your gun rights back

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Jan 10, 2019
James E Hensley Jr's answer
Well, gun rights are sort of tricky in Arkansas and some states. The statute of which you speak is drugs. You are probably eligible to have your record sealed. It sounds like your record has been sealed. If so, you can vote and don't have to admit that you have ever been arrested. After you have your record sealed, you can petition the Governor to restore your gun rights.

To have your gun rights restored, you will have to file a clemency action with the Governor of the State of...

Q: My 23 y.o. daughter went drinking w/friends. When she was ready to leave, called b.f to come get her. She sat in her car

1 Answer | Asked in DUI / DWI for Arkansas on
Answered on Jan 10, 2019
Steven McNicholl's answer
Ultimately it is up to her whether she should fight the case. DWIs can be very fight -able depending on the facts. She should ask her attorney about his reasoning for wishing to plead guilty, there could be a valid reason.

Q: A judge court ordered the visitation, but my ex is not letting me see my kids on my weekend. Is this contempt?

1 Answer | Asked in Divorce, Child Custody and Child Support for Arkansas on
Answered on Jan 6, 2019
Stewart Whaley's answer
She is violating the visitation order.

Visitation and child support are separate. That is, she had no right to stop visitation because you aren’t paying. Only the judge can modify the visitation.

She needs to go through the court/OCSE to address child support, not keep you from seeing the child. Since she’s withholding visitation, you would basically ask for a hearing to make her explain why she’s not in contempt for violating the court order.

Q: Will i ever be able to own guns again. Expunged, Pardoned etc? In Arkansas preferably United States

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Jan 3, 2019
James E Hensley Jr's answer
To have your gun rights, there are a couple things required:

1) You must have your record sealed. A Battery III can be sealed five years after you are finished with probation, payment of fees, restitution, costs, etc. Don't bother filing anything with the Governor or ACIC until the time has ran. You will be wasting your money: and

2) After you have the order to seal and Arkansas Crime Information Center has sealed your record, you can petition the Governor of Arkansas to...

Q: have court ordered visitations with my daughter's but their father has refused my visits for over 2 years. Help?

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Answered on Jan 2, 2019
Stewart Whaley's answer
You need to ask for relief from the court that ordered the visitation.

He is violating an order from that court. For example, you could file a motion for contempt of court for not complying with the order.

Q: Can I file emergency custody in a different state then where my kids live

1 Answer | Asked in Child Custody for Arkansas on
Answered on Jan 2, 2019
Stewart Whaley's answer
You probably need to file in the state that granted temporary custody. Talk with a family lawyer about specific facts that might impact what you do next.

Q: My 15 year old stepson was droped off with my wife and I about 3 months ago. His step mom claiming she had woke up with

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Dec 29, 2018
James E Hensley Jr's answer

Q: I pled guilty on a felony in 2008

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Answered on Dec 28, 2018
W. Whitfield Hyman's answer
Yes but you will have to apply for a pardon from the governor unless you were sentenced under a specific act that will allow the judge to restore your rights.

Q: I got a domestic batterycharge but me and wife just got in a argument i never put hands on her and she told cops i didnt

1 Answer | Asked in Domestic Violence for Arkansas on
Answered on Dec 26, 2018
James E Hensley Jr's answer
You need a lawyer for sure right now! This is a Class A Misdemeanor in Arkansas. You could receive a sentence in the county jail for one year and a fine of up to $2,500.00. Depending on the lawyer you hire and the Judge, you could have the case dismissed or spend some time in jail. Your lawyer will review the police reports to see why they arrested you. Typically, to make such an arrest, the police must see some physical injury on your wife or she was in fear for her well-being. She...

Q: Is it grounds for a insanity plea if I'm ordered to take a mental evaluation

2 Answers | Asked in Criminal Law for Arkansas on
Answered on Dec 24, 2018
James E Hensley Jr's answer
Perhaps. A mental evaluation is ordered for a defendant when the Judge, your lawyer, or the Prosecutor believe you may not understand the gravity of the situation. In Arkansas, to be fit to stand trial is a fairly low burden. The defendant must 1) understand the charges against him and 2) be able to assist his attorney.

For the most part, when a mental evaluation (called Act III in Arkansas) it is done to ensure the defendant is fit to stand trial. Otherwise, any defendant who is...

Q: Is it illegal to give someone a phone against their parents will but for the phone to be a gift to the person.

1 Answer | Asked in Family Law and Child Support for Arkansas on
Answered on Dec 23, 2018
Stewart Whaley's answer
illegal? No.

If the parents take it, what exactly would you want to happen?

If the child is being starved and mentally abused, why not use the phone to call DHS?

Q: I have back child support that I shouldn't have

1 Answer | Asked in Child Support for Arkansas on
Answered on Dec 22, 2018
Stewart Whaley's answer
Without real proof that the modification occurred, you are going to be held responsible for the support amount.

If the judge signed an order it should've been filed. if there was a hearing there may be a transcript.

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