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Arkansas Civil Rights Questions & Answers
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... View 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... View 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
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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...
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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...
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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... View 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.

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: Let's say the police are on my property possibly performing surveillance my property is posted clearly to what extent

May I go to protect my property from said so-called police who have not yet identified themselves

James E Hensley Jr
James E Hensley Jr
answered on Sep 8, 2017

They can surveil your property at any time. There is no expectation of privacy. A sign does not do anything for you. You say "so-called" police. If they are the real police, they can bother you a lot. Wonder why they are looking at you? Maybe get an attorney to find out.

1 Answer | Asked in Civil Rights, Constitutional Law, Libel & Slander and Criminal Law for Arkansas on
Q: How to get a Terroristic Act that someone else admitting to doing at the trial, sealed from my record?

I have Power of Attorney for My fiancé, how do I go about helping him to get a Terroristic Act that he did not commit (sealed) from his record? He did not commit the crime & the person who actually did do it, attended the hearing and testified that he did it and not my fiancé. Currently my... View More

W. Whitfield Hyman
W. Whitfield Hyman
answered on Jul 12, 2017

If it is a misdemeanor conviction you have at least 90 days of waiting after you file for the expungement (in this case, a seal) before it is granted, if it even would be with pending charges. If it is a felony then you might have other issues you will run into that will prevent you from sealing... View More

1 Answer | Asked in Business Law, Civil Rights and Employment Discrimination for Arkansas on
Q: HR&Ethics no action when reported boss. He's been reported previously and nothing done. EEOC case WM forced admin lv.

I was placed on Paid Admin Leave when WM learned I have EEOC case. I've learned someone has taken my job. I can't understand how this has happened to me. I followed Code of Ethics and rules and my career is over. My boss has been reported previously. Open doored last year. I began... View More

W. Whitfield Hyman
W. Whitfield Hyman
answered on Jun 15, 2017

I suggest Steven Woods in Rogers, he practices employment law and will be able to help if you have a case.

1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for Arkansas on
Q: If I'm 17, but finished with HS completely, can I move out of my dads house without him trying to label me as a runaway?
Stefan K. McBride
Stefan K. McBride
answered on Apr 5, 2017

You cannot move out until you are 18 without your parent's consent.

1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for Arkansas on
Q: Do the parents of a minor need be present if minor gives a verbal/written statement to school & local police officers
Kevin Shields
Kevin Shields
answered on Mar 30, 2017

You should consult an education or criminal lawyer to discuss the specific details of your case. The answer to your question will depend on who did the questioning, how the questioning was conducted, whether the minor was in custody and the minor's mental capacity. The safeguards in place for... View More

1 Answer | Asked in Civil Rights and Divorce for Arkansas on
Q: I just found out when I married my husband two years ago he was stil married to his wife. What legal action can be take?
Stefan K. McBride
Stefan K. McBride
answered on Mar 15, 2017

You can file a declaratory action to have a judge pronounce that your current marriage is void.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arkansas on
Q: Is it illegal to not identify to a police officer in Arkansas
W. Whitfield Hyman
W. Whitfield Hyman
answered on Dec 28, 2016

It depends on a lot of different factors. If you do not have a concealed carry license, are not the driver of a car that has been pulled over, are not loitering under the statute or otherwise possibly violating the law in a way that can be observed by someone else then probably not unless there has... View More

1 Answer | Asked in Civil Rights and Criminal Law for Arkansas on
Q: Where can I find a stop and identify law or code
W. Whitfield Hyman
W. Whitfield Hyman
answered on Dec 28, 2016

It's kind of a misnomer. It could refer to the Obstructing Government Operations statute where you can't falsely identify yourself, the Loitering statute where it says that if you don't identify yourself that is a factor in whether or not you are loitering, or the concealed carry... View More

1 Answer | Asked in DUI / DWI, Family Law and Civil Rights for Arkansas on
Q: I have a husband that is a severe alcoholic, ive done all I can do. Can I get a court order for rehab?
Paul Stanko
Paul Stanko
answered on Sep 30, 2016

In order for a court to issue an order, it must have jurisdiction. For example, if your husband had pending charges or was on probation, a court could possibly order rehab. Courts do not typically get involved in individuals' bad life choices. Your husband needs to be assessed and evaluated by... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: What can I do about a ride along that was impersonating to be a officer sexually harrised and questioning me?

A state police officer pulled me and my boyfriend over and I was pulled out of my car and questioned and sexually harassed by who I assumed was a police but was a ride along. Since every state police has to video every stop that video could prove what happened the embarrassment and humiliation the... View More

Degen Clow
PREMIUM
Degen Clow
answered on Apr 19, 2016

You need to speak with a criminal defense attorney asap.

1 Answer | Asked in Civil Rights and Personal Injury for Arkansas on
Q: What kind of attorney would I hire

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Adam Studnicki
Adam Studnicki
answered on Feb 12, 2016

Depends on the nature of what happened.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem...
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