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Arkansas Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law for Arkansas on
Q: Is Arkansas a constitutional carry state?
W. Whitfield Hyman
W. Whitfield Hyman answered on Jul 13, 2020

Under state law you can carry concealed with or without a license in all but government owned places.

For all the caveats, see this blog:

http://www.arkansaslawking.com/where-can-you-carry-a-gun-in-arkansas/

But there have been two court cases since this blog and the...
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1 Answer | Asked in Constitutional Law and Criminal Law for Arkansas on
Q: The police arrested my friend for having a handgun in his pocket. Isn’t Arkansas a permitless carry state taff v state?
W. Whitfield Hyman
W. Whitfield Hyman answered on Mar 5, 2020

Yes and another case came down Thursday confirming that again. These police officers broke the law and your friend could probably sue them. I defend these cases and sue over constitutional violations, another attorney and I just won this case:

See:...
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1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Arkansas on
Q: Can we be denied the autopsy report if my loved one died in custody of the state?
James E Hensley Jr
James E Hensley Jr answered on Jan 27, 2020

The information below is a general statement regarding autopsy reports. There are forms on the Arkansas State Crime Lab Website that may assist you in obtaining the report. Typically, once the autopsy report is released to Law Enforcement Officials the information is public and you can use the... Read more »

1 Answer | Asked in Criminal Law, Admiralty / Maritime and Constitutional Law for Arkansas on
Q: How do I obtain the status of sort of which has no implied obligation and has immunity without recourse of said entity?

How to make claim of status as a free man and only acting agent of said entity

W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 30, 2019

This is sovereign citizen nonsense. Do yourself a favor and forget it and move on.

1 Answer | Asked in Civil Rights and Constitutional Law for Arkansas on
Q: I know someone in the state of Arkansas doing tattoos out of her house. I have LOTS of pictures for proof

Also has a 10 year old daughter living with her. What are the penalties?

W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 23, 2019

I hope you don't turn them in because that is such a dumb law. I don't know what the penalties are, probably a small fine.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Intellectual Property for Arkansas on
Q: I'm a victim of a crime me rights have been ignored

False my title

Gary Kollin
Gary Kollin answered on Sep 30, 2019

If you think do, then consult with an attorney in person

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... 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... 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... 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... 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...
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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... 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.... 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... Read more »

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