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Arkansas Constitutional Law Questions & Answers
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 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... View 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... 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 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.... View 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... View 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... View 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...
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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 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;... View 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... View More

1 Answer | Asked in Constitutional Law for Arkansas on
Q: arkansas 5-68-204. How is social practice defined and does this include "skyclad" rituals done as part of Wicca

Wicca and it's practices are legal and upheld by the courts.

This also does not seem to allow a mother to check her son for a hernia or a paramedic to treat a person wounded. Or even a first responder or a friend to inspect the general area. I don't understand this law or its... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 8, 2015

This post is quite confusing. Go see a local attorney for the specific advice you need.

1 Answer | Asked in Animal / Dog Law, Civil Rights and Constitutional Law for Arkansas on
Q: In the state of arkansas how many days/hrs is animal control required to hold your animal [dog] before adopting it out?

Currently dealing with animal control regarding them adopting my 5 year old yorkie out after we contacted them several times letting them know we were trying to obtain the outrageous amount of money they were asking for. I believe they adopted him out early, because they are trying to claim my... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 3, 2015

Read the local ordinances.

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