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Arkansas Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law and Constitutional Law for Arkansas on
Q: If someone were attempting to steal my car, is the use of deadly force justified?

Under current Arkansas law, if I believed that someone were attempting to steal my vehicle which is parked under my carport at my home, would the use of deadly force be justified?

Stewart Whaley
Stewart Whaley answered on Jul 7, 2019

No, because you believe they are attempting to steal the vehicle. If you reasonably believe force is necessary to prevent death or great bodily harm, then, you are in a MUCH better position. The carport is likely considered curtilage (basically, an extension of the home) but the main issue is... Read more »

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 Constitutional Law for Arkansas on
Q: Would it be possible to get a ban reversed on an interactive website for infringing on my 1st Amendment rights?

I have been banned from a website for "hate speech". Given that the SCOTUS has ruled that "hate speech" was protected under the 1st Amendment, as well as Judge Naomi Buchwald ruling that the President's Twitter is a "public forum" so he cannot ban people, as well as Marsh v Alabama, stating that a... Read more »

W. Whitfield Hyman
W. Whitfield Hyman answered on May 26, 2019

Private entities can't violate your rights to free speech. Exceptions would include things like the government is using a Facebook page and then blocks you from that Facebook page. Unless you're more specific, what you have described does not sound like a free speech violation.

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 Copyright, Collections, Constitutional Law and Public Benefits for Arkansas on
Q: Someone wrote a book about my life and crime. It's even titled after me. I didn't consent.

Can I get compensated for them using me in a story it label me ignorant and poor.

John Espinosa
John Espinosa answered on May 28, 2018

This question doesn't belong in any of these categories. You may have a civil cause of action for defamation. You should consult with a litigation attorney who specializes in defamation. Here is some more information about defamation:... 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 Constitutional Law for Arkansas on
Q: Wat is Arkansas act 3 2768 ? I ask because I know of someone being held for state hospital under act 3 2768 by pcso

A person my girlfriend is afraid of is in Pulaski county I was wondering what Arkansas act 3 2768 is about

Richard Lane Hughes
Richard Lane Hughes answered on Apr 20, 2018

A motion for an "Act 3" review is a request that a person charged with an offense is interviewed by a mental health professional to determine if the person charged is mentally fit to proceed in a criminal case.

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 Constitutional Law and Education Law for Arkansas on
Q: Do I have enough for a civil suit?

My son took mega death hot sauce to school and got suspended for 3 days for subversion because other teenagers tried it and got sick. I asked for the item back and the school said it was confiscated and used a police officer to stop me from taking it. My son did bring the hot sauce but did not... Read more »

W. Whitfield Hyman
W. Whitfield Hyman answered on Nov 6, 2017

They have to intend to permanently deprive you of the hot sauce in order to violate your property rights.

I have no idea if they can suspend over hot sauce or not, but it sounds ridiculous.

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... Read 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... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Arkansas on
Q: Is a unloaded firearm considered a illegal weapon?

I plan on getting my CCW permit in the next month or two but I am broke right now. Can I carry my pistol concealed if it is unloaded in my holster and the magazine is in a separate pocket?

W. Whitfield Hyman
W. Whitfield Hyman answered on Apr 17, 2017

As long as you haven't been convicted of any disqualifying crimes, you can carry a gun openly and loaded just avoid colleges, publicly owned buildings, areas around k through 12 schools, places with signs prohibiting weapons, and the parking lots of those areas and you'll be fine. Technically I... Read more »

1 Answer | Asked in Constitutional Law, Criminal Law, Education Law and Juvenile Law for Arkansas on
Q: Do the parents of the minor have to be present when the minor makes a verbal /written statement to school & local police
Kevin Shields
Kevin Shields answered on Apr 6, 2017

Parents need not be present while school officials are asking questions of a student in most cases. However, if the questioning was by the police or your child was in police custody, constitutional protections may be triggered. You may want to consult a local criminal lawyer about the specific... Read more »

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 a... Read more »

1 Answer | Asked in Constitutional Law for Arkansas on
Q: Is 'mooning' a constitutionally protected form of free speech in Arkansas?
Brian Lehman
Brian Lehman answered on Feb 12, 2017

Since the 1st Amendment is part of the federal constitution, the location does not matter (i.e., Arkansas) since the law would apply everywhere (unless, you are asking about the Arkansas Constitution which could give even more protection).

Today, someone posted this one reddit (perhaps...
Read more »

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... Read more »

1 Answer | Asked in Constitutional Law for Arkansas on
Q: I was incarcerated in Arkansas, I finished my parole in 1994, in IL. How do I find out if my civil rights are restored?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 20, 2015

And it took you until 2011 to ask this question? Find out from your state law enforcement agency, you might also call the local supervisor of elections, and you might also look into the restoration of rights in your state.

1 Answer | Asked in Constitutional Law for Arkansas on
Q: I had an officer enter my residence with no justificatation, documentation or provocation..and put loaded gun in my face

He didnt know my name...there was nothing illegal on premises...and i have no history of violence or drugs...my children had just left...what if they were there! Can I sue him without a lawyer..and what is the process. He cant get away with this!

Robert Jason De Groot
Robert Jason De Groot answered on Oct 20, 2015

Have you sued yet?

1 Answer | Asked in Constitutional Law for Arkansas on
Q: I was arrested for poss with intent to distribute marijuana 6 years ago

I went to court and pleaded guilty, but the judge rejected the guilty plea and placed me on probation, which I have long since completed. My question is can I register to vote and apply for a hunting license? Do I still have my constitutional rights?

Robert Jason De Groot
Robert Jason De Groot answered on Oct 14, 2015

You asked this question over 3 years ago. Do a simple internet search for restoration of civil rights in Arkansas. It seems to me that you do not even need to do this, but we have to know one thing. Were you convicted or not?

1 Answer | Asked in Constitutional Law for Arkansas on
Q: On what legal grounds was the decision in Roe v. Wade made? By that, I mean why was abortion deemed allowable?

Not taking into account any moral implications of human life and the sanctity (or lack) thereof, what are the legal grounds that allow abortion to be legal? What reasons were cited by the judges that decided that case? Is it possible for that case to ever be overturned? Do the unborn have rights;... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Sep 28, 2015

You have to read the decision to answer your first few questions. It is not possible for the case to be overturned because it has already been decided. It is possible that a different result can be reached in a different case. In order to answer your further questions, you are going to have to do... Read more »

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