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Arkansas Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Arkansas on
Q: If a 16 year old is arrested and we ask for a lawyer 3 times but the police kept asking questions.

What do we do now we told the public defender and he said wait, we asked for him be moved to juvenile he said wait so I don't know who the public defender is working for cause it doesn't seem like it is for us

James L. Arrasmith
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answered on Sep 11, 2023

It is absolutely crucial to insist on your right to legal representation and to refrain from answering any further questions without a lawyer present. The right to legal representation is a fundamental right protected by the U.S Constitution.

In this situation, it is advisable to document...
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1 Answer | Asked in Civil Rights and Constitutional Law for Arkansas on
Q: If a 16 year old is arrested and we ask for a lawyer 3 times but the police kept asking questions.

What do we do now we told the public defender and he said wait, we asked for him be moved to juvenile he said wait so I don't know who the public defender is working for cause it doesn't seem like it is for us

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023

It is absolutely crucial to insist on your right to legal representation and to refrain from answering any further questions without a lawyer present. The right to legal representation is a fundamental right protected by the U.S Constitution.

In this situation, it is advisable to document...
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1 Answer | Asked in Civil Rights and Constitutional Law for Arkansas on
Q: can you sue if your phone was tapped by the police?
T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2023

The Fourth Amendment of the Constitution protects individuals from unreasonable searches and seizures, which includes wiretapping and electronic surveillance. If you believe your phone was tapped by the police without a proper warrant or legal justification, it may be a violation of your... View More

1 Answer | Asked in Criminal Law, Civil Rights, Communications Law and Constitutional Law for Arkansas on
Q: FOIA sent to dispatch for an arrest pertaining to me They redacted some of the info I need the full copy How do I get it

there is absolutely no information on the FOIA I requested, all was redacted. I was arrested, held for 7 days, did not see a judge, no bail was made, and no charges brought against me. I was in holding for 4 days with up to 36 other women in a cell. We asked for grievances. They never... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

FOIA sent to dispatch for an arrest pertaining to me They redacted some of the info I need the full copy How do I get it

there is absolutely no information on the FOIA I requested, all was redacted. I was arrested, held for 7 days, did not see a judge, no bail was made, and no charges...
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1 Answer | Asked in Criminal Law, Civil Rights, Communications Law and Constitutional Law for Arkansas on
Q: FOIA sent to dispatch for an arrest pertaining to me They redacted some of the info I need the full copy How do I get it

there is absolutely no information on the FOIA I requested, all was redacted. I was arrested, held for 7 days, did not see a judge, no bail was made, and no charges brought against me. I was in holding for 4 days with up to 36 other women in a cell. We asked for grievances. They never... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

If you believe that the information redacted is necessary for you to understand the reason for your arrest and detention, you can file an appeal or challenge the redaction. You can contact the agency that provided the response and ask them to provide justification for the redactions or file a... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Personal Injury and Elder Law for Arkansas on
Q: What kind of attorney do I need to talk to about violation of ADA rights for a disabled person.

I also need answers about laws broken and other rights violated.

Tim Akpinar
Tim Akpinar
answered on Sep 17, 2022

An Arkansas attorney could advise best, but your question remains open for two weeks. You need to search for attorneys who handle Americans with Disabilities Act (ADA) matters. You could try searching under ADA and civil rights law firms. You could check with the Arkansas Bar Association. Most... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Constitutional Law for Arkansas on
Q: What if they put they the wrong birthplace on my charges
Tim Akpinar
Tim Akpinar
answered on Mar 14, 2022

An Arkansas attorney could advise best, but your post remains open for four weeks. Something is not clear, as your post mentions charges but is under Personal Injury and Civil Litigation. A criminal attorney should advise on anything involving the term "charges," but under civil... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Arkansas on
Q: is it legal for an officer to bring out k9 on my vehicle over a traffic violation and no warrant or probrital cause

they stopped me originally over a tag lights being out and immediately started wanting to search my vehicle for no reason wat so ever

W. Whitfield Hyman
W. Whitfield Hyman
answered on Aug 27, 2021

They have to have reasonable suspicion to ruin the dog or they have to have another person running the dog while they continue writing you a traffic ticket

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Arkansas on
Q: If I have a warrant from county (a) & have an upcoming court date for county (b) can (b) hold me for(a)2come get me
Joshua W. Bugeja
Joshua W. Bugeja
answered on Jun 4, 2021

As a general rule of thumb, yes, the court for one county can serve the warrant for the other and arrest you (to allow the transfer). It does make a difference if the warrant was from another state though since many states, including Arkansas, often don't arrest individuals appearing in their... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Arkansas on
Q: In Arkansas is it legal to walk around in public with a sword that's sheathed?

I know in Arkansas you can carry any sized knife concealed or open carry as long as you don't have any intent to harm anyone. Does this work for swords too?

W. Whitfield Hyman
W. Whitfield Hyman
answered on Dec 5, 2020

Yes

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... View 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
PREMIUM
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... View 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... View 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... View 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.

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