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Arkansas Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Arkansas on
Q: Are arkansas police required to have reasonable and articulable suspicion to identify someone?

In the state of Arkansas, when stopped by a police officer, whether on foot or a traffic stop, do police need reasonable and articulable suspicion to ask for identification?

James L. Arrasmith
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answered on May 1, 2024

In Arkansas, police officers do require reasonable and articulable suspicion to stop someone and ask for their identification. This standard arises from the Fourth Amendment, which protects against unreasonable searches and seizures.

Reasonable suspicion must be based on specific and...
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1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: My husband is incarcerated in Baxter Co AR for a non payment of fines. He is not in good health and hasn’t been forwhil

He has been there a little over 2 weeks and has been to the ER 3 times because his blood pressure has been very high.We are trying to get him out of there, but because he hasn’t seen a judge yet they will not release him. According to US code, A. 3C chapter 13 and US code A.3C chapter 13 and US... View More

Richard Lane Hughes
Richard Lane Hughes
answered on May 1, 2024

You need to get an attorney immediately. This situation needs to be brought to the attention of the Judge who issued the warrant for your husband's arrest or any Judge siting in the jurisdiction.

Of course, he should have been before a judge already. An accused is denied Due Process...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: Does S.I.S give police the right to search without permission?
Richard Lane Hughes
Richard Lane Hughes
answered on Apr 19, 2024

A suspended imposition of sentence (SIS) judgment does not, by itself, affect your 4th Amendment and Arkansas Constitutional Rights. However, this judgment of conviction is often accompanied by a waiver of rights by the defendant that may be made a condition of the SIS sentence. The same is true of... View More

1 Answer | Asked in Social Security, Consumer Law and Collections for Arkansas on
Q: How do I file an exemption of my social security disability check for a complaint filed against me for bad debit?

A complaint has been filed in Franklin district court state of Arkansas against me for bad debit I couldn’t pay when I became disabled I can’t afford to file bankruptcy . My ssid check is my only source of personal income my personal property consist of a tv a bedroom suit and a couch coffee... View More

James L. Arrasmith
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answered on Apr 17, 2024

To claim an exemption for your Social Security Disability (SSDI) income in Arkansas, you need to file a "Claim of Exemption" form with the court. Here are the steps to follow:

1. Obtain the "Claim of Exemption" form (Form AR-EX) from the Arkansas Judiciary website or the...
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1 Answer | Asked in Copyright and Intellectual Property for Arkansas on
Q: Can 1950 copyrighted syndicated comics that were not re-registered get their copyrighted status back?

I inherited the original galleys of the comics that were copyrighted as a work for hire from the syndicate I also inherited. I have an exclusive licensing contract agreement with a company, who has requested that I update the copyrights to protect them from being used for commercial, and not... View More

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information provided, it sounds like you have inherited the original physical materials (galleys) of comics that were created as works-for-hire and initially copyrighted by the syndicate you also inherited in 1950. The key considerations are:

1. Pre-1978 works had an initial...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arkansas on
Q: Can an officer other than my assigned PB officer search my property any time they want? Without my PB being there

An officer showed up at my house without my probation officer being present and arrested me took me to jail while they were still conducting a search on my property and house after I was taken to jail they were still searching my property no warrant or warning

James L. Arrasmith
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answered on Apr 15, 2024

In general, probation officers and other law enforcement officials need to follow proper legal procedures when conducting searches, which typically require either consent, a warrant, or certain exigent circumstances. However, the specific rules can vary depending on the terms of your probation and... View More

2 Answers | Asked in Constitutional Law and Civil Litigation for Arkansas on
Q: Can I file a civil suit I had dismissed

I dismissed the case until I got out from incarcerated

James L. Arrasmith
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answered on Apr 11, 2024

In Arkansas, if you voluntarily dismissed your civil case without prejudice, you generally have the right to refile the lawsuit at a later date, subject to the applicable statute of limitations. However, if the case was dismissed with prejudice, you would be barred from refiling the same claim.... View More

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2 Answers | Asked in Gov & Administrative Law for Arkansas on
Q: How do I find out about a murder trial from 1990 in Greene county the details
John Michael Frick
John Michael Frick
answered on Apr 10, 2024

There may be some court records available through the court clerk's office. It is unlikely that a transcript of the trial will still be available. If the murder case was appealed, the attorney handling the appeal for the defendant may have kept a transcript of the trial testimony, but is not... View More

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2 Answers | Asked in Gov & Administrative Law for Arkansas on
Q: How do I find out about a murder trial from 1990 in Greene county the details
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answered on Apr 10, 2024

To find information about a murder trial from 1990 in Greene County, Arkansas, you can try the following steps:

1. Contact the Greene County Circuit Clerk's office: They maintain records of court cases, including criminal trials. You can request information about the specific case you...
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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Arkansas on
Q: What does it mean when the copyright or trademark has been abandoned. And if it means the person or entity no longer own

It can some one else take the rights for copyright or trademark. ? If nine of these then if the purpose or business isnt what the propritor has is it okay to use the name?

Fritz-Howard Raymond Clapp
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answered on Apr 10, 2024

The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.... View More

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Arkansas on
Q: What does it mean when the copyright or trademark has been abandoned. And if it means the person or entity no longer own

It can some one else take the rights for copyright or trademark. ? If nine of these then if the purpose or business isnt what the propritor has is it okay to use the name?

James L. Arrasmith
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answered on Apr 11, 2024

When a copyright or trademark has been abandoned, it generally means that the owner has stopped using or enforcing their rights to the intellectual property. This can happen due to various reasons, such as:

1. The owner deliberately abandons the copyright or trademark.

2. The owner...
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1 Answer | Asked in Gov & Administrative Law for Arkansas on
Q: Can I legally make a customized Selective Service Card?

Years ago, when I did my SSS registration, my mother laminated the card so I could carry it around in my wallet. Well, fast forward 10yrs, and this card has gone through many wash cycles, and the lamination and card are falling apart. I verified my registration, as well as updated my current... View More

James L. Arrasmith
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answered on Apr 7, 2024

While I understand your desire to have a durable Selective Service card, creating your own customized version is not advisable from a legal standpoint. Even though the Selective Service card is not an official government ID like a driver's license, it is still an official government document.... View More

1 Answer | Asked in Family Law for Arkansas on
Q: Can the adult ward of guardianship in Arkansas file a petition for termination of guardianship?

Boyfriend was hit by a truck n has an appointed guardian in Arkansas n he wants guardianship terminated as he hasn't seen a penny of the settlement n is currently living in a hotel in Illinois.

James L. Arrasmith
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answered on Apr 6, 2024

In Arkansas, an adult ward under guardianship can file a petition to terminate the guardianship if they believe they no longer require a guardian. The process typically involves the following steps:

1. The ward must file a petition with the court that established the guardianship,...
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1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Sexual Harassment for Arkansas on
Q: can i turn myself in if i’ve committed a sexual assault crime without involving the witness?

i could come up with excuses or try to justify my situation but i feel ive sexually assaulted my ex (who lives in Arizona) while we were together, can i turn myself in?

edit: i meant the victim im sorry

James L. Arrasmith
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answered on Apr 4, 2024

I know this is a very difficult situation, but I strongly encourage you to do the right thing - take full accountability for your actions, turn yourself in, and comply with the legal process. Consider consulting with a criminal defense attorney who can advise you on the legal implications and your... View More

1 Answer | Asked in Civil Rights for Arkansas on
Q: How can I get a copy of a civil rights lawsuit that I filed?

I want to look into a case that I filed. Where do I go and what do I do?

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answered on Apr 4, 2024

To obtain a copy of a civil rights lawsuit that you have filed, follow these steps:

1. Identify the court where you filed the lawsuit (e.g., federal district court or state court).

2. Contact the clerk's office of the court where the case was filed. You can usually find the...
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1 Answer | Asked in Business Law and Landlord - Tenant for Arkansas on
Q: What does it mean if my landlord license has been revoked? I live in arkansas.
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answered on Mar 31, 2024

If your landlord's license has been revoked in Arkansas, it means that they no longer have the legal right to operate as a landlord in the state. This could happen for a variety of reasons, such as:

1. Failing to maintain the property in accordance with housing codes and regulations...
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1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: I live in arkansas and my house caught on fire and was a total loss.can the landlord tow my truck without a eviction?

I live in arkansas and my house caught on fire and was a total loss.the landlord is mad because he didn't have insurance and 2 days after the fire he called a towing company to come tow my truck without letting me know anything.ive not been served a eviction notice or anything.is this illegal?... View More

James L. Arrasmith
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answered on Mar 31, 2024

I'm so sorry to hear about the fire and the loss of your home. That must be an incredibly stressful and difficult situation to deal with.

Regarding your landlord towing your truck, based on the details you provided, it does appear that the landlord likely acted illegally:

- In...
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1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: Can I sue landlord for improper eviction?

I was served papers to vacate my rental, not an eviction notice, I moved some of my property but not all due to mold in the house and me feeling sick around it. I have a text from the landlord asking if I had moved out and I never replied, now they have fully removed all of my property ( 3 bedrooms... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you provided, it seems that your landlord may have wrongfully removed your property without following proper legal procedures for eviction. To determine if you have a valid case to sue your landlord, consider the following:

1. Lease agreement: Review your lease to...
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1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: I am looking for the Arkansas Code Annotated section regarding a landlord selling a rental without notifying the tenant

In some research, I have found where it indicates you must give your tenants at least 60 days’ notice before showing the property or allowing any access for inspections. But then in other areas, it said the landlord only needs to give 24-48 hour notice. I would like to write a proper letter using... View More

James L. Arrasmith
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answered on Mar 31, 2024

In Arkansas, the relevant statute is Arkansas Code § 18-17-701, which addresses a landlord's right to access a rental property. This statute does not specifically address the situation of a landlord selling a rental property without notifying the tenant. However, it does provide guidance on... View More

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: I am in landlord in Arkansas. Am I required by law to remind my tenants of their lease expiration date?

My tenants lease is up March 15 2024. They have been behind on rent for months and have been trying to make payments are never getting caught up. I told them last month that their lease was up in March and the only way to renew would be if they are caught up and able to pay a 2-3 months of rent in... View More

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answered on Mar 30, 2024

In Arkansas, the specific requirements for notifying tenants about the expiration of their lease or the need to vacate the property at the end of the lease term can depend on the terms of the lease agreement itself and state law. Generally, if your lease agreement clearly states the end date and... View More

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