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Arkansas Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights, Employment Law and Small Claims for Arkansas on
Q: Is it fair that only one employee gets fired from the job and both of the employees were fighting?
Tim Akpinar
Tim Akpinar answered on Sep 4, 2019

No, on its face, it does not seem fair. But the only opinion that really has legal significance for you here is that of an employment attorney. And your post remains open for four weeks. It's likely that based on the limited facts, it is difficult for an employment attorney to offer meaningful... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: My wife got arrested on FTA 8/7/19. Her Attorney admitted that he was at fault. Why would they still have her jailed?

Her attorney told us both on 8/5/19 her next court dates were 9/9/16 & 9/16/19, we were meeting her attorney on Friday the 9th to go over her evidence. The night before the bondsman showed up to arrest her for the FTA. It's kinda confusing, he didn't arrest her, I called her attorney at home and he... Read more »

Gary Kollin
Gary Kollin answered on Aug 20, 2019

How many times snd how many ways fo you want to ask the same question

1 Answer | Asked in Civil Rights for Arkansas on
Q: what to do if someone lied and said i broke no contact order and i went to jail but all my belongings are still there ??

I went to jail for violation of no contact order but i have not broke it. I am confused.

Gary Kollin
Gary Kollin answered on Aug 15, 2019

Well if that is the csse then you will be found not guilty

1 Answer | Asked in Civil Rights, Criminal Law, Constitutional Law and Juvenile Law for Arkansas on
Q: A 17 year old, completely finished with high school, can not be questioned by police without parental permission in AR?

A off duty police officer set up a meeting with my niece to talk to her. she stopped her the day before. The officer was intimate with by niece boyfriend and thought my niece knew about the relationship. My niece didn't know anything. The traffic stop was full of open threats from the officer to... Read more »

Gary Kollin
Gary Kollin answered on Jun 30, 2019

There is no way a comprehensive answer can be provided here.

You need to retain counsel

1 Answer | Asked in Civil Rights and Constitutional Law for Arkansas on
Q: I filed a police report over being assaulted, and they never even investigated it

He had been convicted of a similar offence. He was never even questioned. No action was taken

Gary Kollin
Gary Kollin answered on Jun 23, 2019

And your question is.

The police have full discretion

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: I was charged with a felony by my girlfriends son who told me before that I better watch my back. is that a conflict of

should the case be dropped

W. Whitfield Hyman
W. Whitfield Hyman answered on Jun 9, 2019

Your girlfriend's son does not have the power to charge you with a felony and he did not do so.

The police and the prosecutor are the only ones with that power. Your gf's son complained to them, and they charged you.

If it is a conflict of interest, I'm sure the judge and jury would...
Read more »

1 Answer | Asked in Civil Rights for Arkansas on
Q: My ex friend stole my winning lottery ticket can I still claim my winnings ?

Got into domestic dispute and I went to jail my ex broke into my place and all of my lottery tickets and won the lottery off of my winning ticket she even told 6 people she won it off my ticket

W. Whitfield Hyman
W. Whitfield Hyman answered on May 13, 2019

Yes but you will have to sue them for it, which you should do before they spend it all.

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: I pled guilty on a felony in 2008

I pled quilty in 2008 for felony of poss controlled substance and manufacturing ...no prison time 5 yrs probation and I went to 90 day drug rehab I've done the 180 program I've not been in any trouble since aside from a speeding ticket is there any chance of restoring my right to bare arms gun... Read more »

W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 28, 2018

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.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Arkansas on
Q: My girlfriend is in trouble with Crawford and Sebastian County. Need pro Bono help?

She's facing multiple drug charges and failure to appear charge. She has medical issues and only began to get in trouble since this January. I can't find anyone to help. I believe that she was coerced into some things. Her history is that of abuse and neglect. She had a really bad head trauma in... Read more »

James E Hensley Jr
James E Hensley Jr answered on Aug 27, 2018

I'll tell you that the Public Defenders who I deal with are excellent at their jobs. No, they do not have a lot of time for hand-holding. They certainly not available for family or boyfriends. Lawyers are not able to do pro bono work for criminal cases because there is the Public Defender's... Read more »

1 Answer | Asked in Gov & Administrative Law, Libel & Slander and Civil Rights for Arkansas on
Q: Can a state employee sue a private citizen in Arkansas? Is there a statute that states this? Can you cite the statute?
Michael Darren O'Quinn
Michael Darren O'Quinn answered on Aug 26, 2018

It depends. Clearly, a state employee can sue as an individual if a private person has harmed the employee. If the employee is not suing in an individual capacity, but rather for a wrong to the state, then they need state government authorization.

1 Answer | Asked in Civil Rights for Arkansas on
Q: Can police just arbitrarily run tags on parked cars?

My son had driven to the local library and had been inside for approx 20 mins. According to my friend who was sitting in her car in the parking lot she observed 2 police cars pull up and run her plates and my sons plates, which were not his. He is currently on probation. They then proceeded to... Read more »

Gary Kollin
Gary Kollin answered on Aug 23, 2018

I see nothing illegal in running license tags

1 Answer | Asked in Civil Rights for Arkansas on
Q: Filings a civil rights suit against city. Onesided bs statement,I asked to speak attorney n was arrested . NO mod

Charged d felony theft 5-25,000$, jailed, $7500 bond, lost electrical apprenticeship, my own business name stained beyond, two years of continuances, name in paper, business fails eventually forced moved out of the county to avoiding police harassment. Public defender said entire two years the... Read more »

W. Whitfield Hyman
W. Whitfield Hyman answered on Aug 3, 2018

It would be useless and a waste of time to file anything until you beat the charges.

1 Answer | Asked in Bankruptcy, Civil Litigation and Civil Rights for Arkansas on
Q: A franchiser I had services with closed. My services with them didn't finish, what should I do? I paid upfront.

I have contacted them and they have told me they can't reimburse me any money back. It was a laser treatment I had purchased in advance. They charged me over $900 for 6 sessions, only 2 were completed.

Timothy Denison
Timothy Denison answered on Jul 31, 2018

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.

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: If my name is incorrect in several documents, does that discredit the case?

I have received my motions of discovery. My name is xxx. And that has been correct for most of the documents. But randomly xxx pops up. Even stating that "xxx is the biological father of [child name]". There is also supposed to be a physical description of me but it's to vague and even incorrect.... Read more »

Richard Lane Hughes
Richard Lane Hughes answered on May 23, 2018

Generally, the answer is no. Unless there is a genuine issue as to the identity of an individual in a report, document, etc., the misspelling or incorrect use of a name is considered a misnomer and will not affect the use of the documents or the outcome of a case.

1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Arkansas on
Q: Lets say u stay with a significant other what are the laws on video servalince ?
Stewart Whaley
Stewart Whaley answered on May 14, 2018

First, consult a lawyer on this issue.

Consider Ark. Code Ann. § 5-16-101. Crime of video voyeurism

It is gives many scenarios where video is illegal, yet is has an exception for security monitoring when an occupant is operating or directing it (see section (d)(2)).

What...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arkansas on
Q: Parole officer came to visit my ex''s friend but my girlfriend let them in and they called police and put paraphernalia

In my bag...I got arrested for nothing and then they planted meth in the cop car and said it was mine...can I sue the city?

W. Whitfield Hyman
W. Whitfield Hyman answered on May 11, 2018

Only if you get a not guilty on the criminal charges and only if the people who helped planted the drugs were city employees.

Probably can't sue the city unless you can prove they had a custom or policy of doing this. However you would be able to sue the individuals responsible and they are...
Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Criminal Law and Federal Crimes for Arkansas on
Q: Can a police officer

Can a police officer have a no contact order with him when investigating a domestic violence report and can he arrest a person and make them sign the order before he incsrcerates. And have the judge signed the order before he books the defendant?

Richard Lane Hughes
Richard Lane Hughes answered on Apr 18, 2018

If I understand our statement of facts correctly, the answer is no.

There may be other grounds for an arrest but not for an order that did not exist at the time of the allegedly offending behavior.

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Arkansas on
Q: In the state of Arkansas what is the law underneath the constitutional rights of driving with a driver's license suspens
James E Hensley Jr
James E Hensley Jr answered on Apr 14, 2018

There is no constitutional right to drive. Driving is a privilege. That means you have to do what it takes to have the license and follow the rules. If you driver's license is suspended, you may be able to get a permit to drive to work, school, medical, lawyer, etc. You will have to visit any... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Arkansas on
Q: Can county police enter a third party residence with Only arrest warrant no search warrant only arrest warrant?

With an arrest warrant only to look for someone With no consent from home owner

W. Whitfield Hyman
W. Whitfield Hyman answered on Feb 28, 2018

Maybe, I'd have to know a lot more.

1 Answer | Asked in Civil Rights for Arkansas on
Q: Can city code enforcement demand your identification when on your property?

It is routinely done in my city. Code enforcement demands your identification on private property, stating that if you do not comply you will be arrested and charged with obstruction of government operations.

W. Whitfield Hyman
W. Whitfield Hyman answered on Oct 16, 2017

Only if they suspect you of a violent crime or destruction of property or theft.

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