Arkansas Questions & Answers

Q: My son was 23 years old and killed by a 16 year old child in 1999.

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Oct 14, 2018
W. Whitfield Hyman's answer
You could apply for a commutation of sentence, or you could possibly get him resentenced due to some recent case law.

Q: A car was driving in front of me and stopped suddenly I tried avoid hitting the car but didn't is it completely my fault

1 Answer | Asked in Car Accidents for Arkansas on
Answered on Oct 11, 2018
Peter Munsing's answer
Most likely the insurance will consider it so. Was there a reason for it stopping? If no reason you may have an argument that the person was "contributorily at fault," but you are supposed to leave enough room so that you can stop if there's a sudden emergency in front--a child or dog runs into the road, the horse pulling an Amish buggy takes fright, etc.

Q: How can a roadway be a portion of a highway if a highway is within the boundary lines of a roadway?

1 Answer | Asked in Traffic Tickets and Car Accidents for Arkansas on
Answered on Oct 8, 2018
Peter Munsing's answer
Means the berm shouldn't be used for travel, the highway is. Thus "driving in lanes meant for travel" is the vehicular code perverse citation for didn't stay in lane of travel and went off the side of the road.

Q: I have a chapter 13 that I can not pay it will be discharged in 30 days. What should I do

1 Answer | Asked in Bankruptcy for Arkansas on
Answered on Oct 7, 2018
Timothy Denison's answer
Consult and attorney about converting to a chapter 7.

Q: Being charged W/negligent homicide & DWI. State police report says .19 BAC and local police say .09 BAC only 1 test?????

2 Answers | Asked in Car Accidents, Criminal Law, DUI / DWI and Wrongful Death for Arkansas on
Answered on Oct 5, 2018
James E Hensley Jr's answer
Get a lawyer right away. Probably don’t need to be putting a lot of info on the web.

Q: What can you do if you can't pay your fines

2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Collections for Arkansas on
Answered on Sep 27, 2018
W. Whitfield Hyman's answer
If you hire an attorney they may be able to lift the warrant for you.

I recommend Shane Ethridge in that area.

Q: How quickly after a marriage can a person file for divorce?

1 Answer | Asked in Divorce for Arkansas on
Answered on Sep 20, 2018
Don Spears' answer
There is no time limit on how long you must stay married in order to file for a divorce in Arkansas. Depending on what your grounds would be, there is a possibility for an annulment which is just about the same process and costs of a divorce.

Q: If I was arrested for 2 klonopins 0.5 mg without a prescription what is my charge in arkansas

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Sep 19, 2018
Stewart Whaley's answer
Klonopin is a Schedule IV

5-64-419 (4)

A Schedule IV or Schedule V controlled substance with an aggregate weight, including an adulterant or diluent, of:

(A)(i) Less than twenty-eight grams (28g) upon conviction is guilty of a Class A misdemeanor.

However, if you've been convicted 4 times under 5-64-419 or 5-64-401, then it is a Class D Felony.

But, you'd probably know the statutue if that was the case.

Q: Is it legal for my husband to sign parental rights away of our infant son in Arkansas if we both agree?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arkansas on
Answered on Sep 18, 2018
Stewart Whaley's answer
He doesn't understand the subject. If "signing away rights to avoid child support" was that simple, millions of dirtbags would do it.

It IS possible for a parent's child support obligation to terminate, but the situations are quite specific. For example, someone else adopting the child would terminate his duty of child support because he would no longer be a parent.

Contact an attorney.

Q: How to get off Felony First time offense Probation early in Arkansas?

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Sep 12, 2018
James E Hensley Jr's answer
The judge sometimes will consent and take your husband off of probation early. We will need the prosecutor to agree also. You have a very good chance of getting the felony sealed from your husband’s record.

Please realize that even though the record is sealed, other agencies such as is Matt still have the information and use it for a background check. The state of Arkansas will clear the record but these other organizations may not get the message. If one of these people...

Q: Does this apply to motorcycles as well?

2 Answers | Asked in Car Accidents and Products Liability for Arkansas on
Answered on Sep 11, 2018

Q: What is the likely scenario given someone wishes to plead guilty to a 3 year old offense of providing tobacco to minors?

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Sep 11, 2018
W. Whitfield Hyman's answer
You can't be prosecuted for a misdemeanor that is over a year old if there is no warrant out for your arrest.

The statute of limitations has run.

Q: I want to file for legal separation in Ar. We live together but he does not give me money nor pay any family bills.

1 Answer | Asked in Divorce for Arkansas on
Answered on Sep 8, 2018
Don Spears' answer
You Have grounds for divorce and with that many problems you need to get on with your life.

Q: My husband has a lien against him, states Arkansas tax procedure act, Arkansas code 26-18-101. What could this be for?

1 Answer | Asked in Tax Law for Arkansas on
Answered on Sep 7, 2018
Linda Simmons Campbell's answer
I cannot be sure but it sounds like he owes back taxes. He will need to contact the Arkansas Department of Finance to find out why if he does not know. Or you can hire an attorney and they can research it for you.

Q: If I'm renting to own, i leave for vacation for a couple months ,do i have to give owner a key if I'm buying the house?

1 Answer | Asked in Contracts and Landlord - Tenant for Arkansas on
Answered on Sep 2, 2018
Don Spears' answer
Generally the owner or mortgage holder has the right of inspection. That right is usually granted in the contract documents. However giving them a key is a big ask. My suggestion would be to give a key to someone you trust if they want to inspect. Without seeing the paperwork I am just stating general principles.

Q: Took former employer to small claims court for not paying last check, she then files bankruptcy. Can anything be done?

1 Answer | Asked in Bankruptcy and Employment Law for Arkansas on
Answered on Sep 1, 2018
Timothy Denison's answer
Everyone should have been given notice of the bankruptcy and an opportunity to appear. Employee wages are generally not dischargeable as a Schedule E debt.

Q: Can a judge make it to where you can't get your birth certificate?

1 Answer | Asked in Family Law and Adoption for Arkansas on
Answered on Aug 31, 2018
James E Hensley Jr's answer
Typically, there is a new BC issued once you are adopted. If you are looking for your original BC, try the Arkansas Department of Human Services in Little Rock. You may also have to reopen your adoption case. It is sometimes difficult to reopen a case.

To answer your question, it was not necessarily the Judge who restricted your access to the file and your BC; it is the law. These records are sealed for a variety of reasons - and one of those reasons are so you can't get the birth...

Q: Can't get my car registration changed over due to my uncle not paying HIS lawyer. Probate is final through the court.

1 Answer | Asked in Probate for Arkansas on
Answered on Aug 30, 2018
Don Spears' answer
Most states have what they call an affidavit of heir ship that you can fill out showing you as the heir. I am assuming that your uncle gave you the car by will?

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