Arkansas Questions & Answers

Q: If I am tax exempt with capital loss outweighing my ordinary income, do I still get money back at the end of the year?

1 Answer | Asked in Tax Law for Arkansas on
Answered on Aug 11, 2018
Eric Steven Day's answer
You can only use Capital Losses to offset capital gains. If you don’t have any capital gains, you can write off $3,000 per year until you either have enough capital gains to offset the remaining loss or you exhaust the whole capital loss using the $3,000 per year. In your example only $3,000 of the capital loss will be used against that ordinary income with the remaining $21,000 being carried forward to next year. You would still technically have income of $9,000. You may not owe tax...

Q: how to i remove a felony from my record

3 Answers | Asked in Criminal Law for Arkansas on
Answered on Aug 6, 2018
W. Whitfield Hyman's answer
File for an expungement.

Q: Can I take a physician to court for not providing proper pain relief after major spine surgery?

1 Answer | Asked in Medical Malpractice for Arkansas on
Answered on Aug 6, 2018
Michael Darren O'Quinn's answer
If you are in Arkansas, this would be a difficult case but a patient in pain should have adequate pain relief. I would need to know about your prior prescription history (Donets seem reasonable to prescribe less pain meds immediately after surgery than the patient was on without surgery (maybe later if the surgery is a success, but not immediately afterwards during acute recovery. With that said, proving damages (the money value of how much the extra pain harmed you as determined by a jury)...

Q: Is it still considered simultaneous if the amount of marijuana is less than an ounce

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Aug 6, 2018
James E Hensley Jr's answer
Very harsh statute for sure in Arkansas. The simultaneous statute is a class Y felony, 10 to 40 or life for having a weapon or something like a weapon with no valid reason to have the weapon. ACA 5-64-400 encompasses all sorts of drugs and different amounts. I do not believe there is a distinction in the amount of drugs necessary to invoke this statute. It is the prosecutor's discretion to charge or not. Most do not charge for less than one ounce but they can and often do charge;...

Q: does an order of protection remain if child custody is changed

1 Answer | Asked in Adoption, Child Custody, Domestic Violence and Family Law for Arkansas on
Answered on Aug 6, 2018
James E Hensley Jr's answer
Probably won't get into trouble since grandma consented. Still, he could be in some real trouble if she changes her mind. The order tells him to stay away from certain people. It was the Judge who made the order. If step dad wants to see the kids or visit under any circumstances, he must obtain permission from the Judge and not just the grandma.

Often, people who are subject to an order of protection violate the order by doing something they believe is good. It is still a violation...

Q: Can a girlfriend of boyfriend X-ray a minor (6&9) without written consent on one of the parents? Xrayed for fun

1 Answer | Asked in Medical Malpractice for Arkansas on
Answered on Aug 4, 2018
Robert D. Kreisman's answer
The girlfriend cannot do that! It seems incredibly reckless in my opinion.

Q: Filings a civil rights suit against city. Onesided bs statement,I asked to speak attorney n was arrested . NO mod

1 Answer | Asked in Civil Rights for Arkansas on
Answered on Aug 3, 2018
W. Whitfield Hyman's answer
It would be useless and a waste of time to file anything until you beat the charges.

Q: I am the mother of three young boys. They've been staying with grandparents and they won't let me take them.

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Answered on Aug 2, 2018
Stewart Whaley's answer
Contact local family law attorneys and/or legal aid (income-based qualification). Assuming ONLY the facts provided, you should be able to get an enforceable order to retrieve the kids. If you can't afford an attorney and legal aid doesn't take the case, there are resources online that explain filing the emergency petition on your own (pro se). However,I would hire an attorney to get this moving fast, done right the first time and because they may hire their own as soon as you start an action.

Q: Just got pulled over for purple lights and got a ticket is purple illegal

1 Answer | Asked in Traffic Tickets for Arkansas on
Answered on Aug 2, 2018
Stewart Whaley's answer
Probably. There are SEVERAL rules/restrictions for vehicle lights in Arkansas (placement, color, height, alignment of the light beams, number of feet were the beam's center point must be, etc.).

Finding a way to install purple lights of some kind and NOT violate one or more of them would be difficult (maybe not possible).

-I'm not your attorney and this is not legal advice.

Q: Is it illegal for me to date (not live together) while going thru a divorce? He left after he was arrested

1 Answer | Asked in Divorce for Arkansas on
Answered on Aug 2, 2018
Stewart Whaley's answer
In Arkansas, adultery (assuming "dating" includes intercourse) is grounds for a divorce, but not a criminal offense.

Note, if you are in the military adultery is a criminal offense under the Uniform Code of Military Justice. See also, AR Code § 12-64-848 (2017).

However, I don't really see positives come from dating during a divorce, but a lot of negative (fights that run up attorney fees, violence (sometimes extreme), custody/visitation issues, etc.).

Q: A franchiser I had services with closed. My services with them didn't finish, what should I do? I paid upfront.

1 Answer | Asked in Bankruptcy, Civil Litigation and Civil Rights for Arkansas on
Answered on Jul 31, 2018
Timothy Denison's answer
If the franchiser has filed bankruptcy, all you can do is file a proof of claim. If they have not filed bankruptcy, you can go file a criminal complaint for theft by failure to make required disposition of property.

Q: My sons biological father isn’t on the birth certificate. Can my husband adopt him without his consent?

1 Answer | Asked in Adoption for Arkansas on
Answered on Jul 29, 2018
James E Hensley Jr's answer
In Arkansas you will need the consent of the bio dad. Since he has not been in the child’s life and if his absence is voluntary then the court would most-likely hold that his consent is being withheld unreasonably and your husband should be able to adopt.

Make sure your husband has no felony record. There are some notice requirements and a few other things. Costs will be around $5,000

Q: Me my wife have been married for 9 years she is from Sweden and she overstayed her Visa for 5 years now

1 Answer | Asked in Immigration Law for Arkansas on
Answered on Jul 27, 2018
Rehim Babaoglu's answer
I would urge you to consult with and hire an immigration lawyer to assist you with this case. Not because I think you’re not capable of handling it, you may will be, but in order for the lawyer to debrief and brief you, analyze, assess and evaluate your case maximize the possibilities for a successful result.

Your question requires too many questions on my part and too many answers on your part before I can even formulate recommendations as to the course(s) of action you should take....

Q: Can my husband have his parent rights terminated after 7 years no contact or child support?

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Arkansas on
Answered on Jul 20, 2018
James E Hensley Jr's answer
Get a real lawyer. You should not have to wait 3 weeks. Your husband will have some trouble but the mother will have some real trouble saying dad abandoned the child.

Jim Hensley

Q: My brother had a irrevocable trust before his death in 4/18. He had already paid taxes on everyhing for 2017.

1 Answer | Asked in Tax Law for Arkansas on
Answered on Jul 19, 2018
Eric Steven Day's answer
If you are the beneficiary of the trust and the trust document calls for you to receive the income from the trust than you will likely have to pay taxes on any amount of income generated in other states to their taxing agency as well as to yours in Arkansas. However, a lot of the determination on who pays taxes on the trust income is determined by the actual trust document and what it indicates.

Q: Was it illegal for a state trooper to tow my vehicle by a company when I had a trailer ready to take it home?

1 Answer | Asked in Car Accidents for Arkansas on
Answered on Jul 18, 2018
Peter Munsing's answer
Not illegal--they are required to get it off the road. Tacky, lacking in public relations--possibly.

Q: Can charges be dropped if diagnosed with bipolar and post tramatic stress disorder?

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Jul 18, 2018
Stewart Whaley's answer
Just because he has those diagnoses? No.

His attorney will likely request a mental health eval to determine if he can be held criminally responsible and/or if he is fit to proceed (assist with his defense).

If he is cleared, the case goes forward.

If he is not, different states do different things. He could end up in a state hospital and/or supervised release, for example.

I would not count on the exam or medical diagnoses solving his problems.

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