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Arkansas 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 Federal Crimes for Arkansas on
Q: Arkansas does not have a Federal Prison for Women. When a woman is sent to Fed Prison in Arkansas, where is she jailed?
T. Augustus Claus
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answered on Sep 4, 2023

In Arkansas, when a woman is sentenced to federal prison, she may be incarcerated in one of several federal correctional facilities outside the state. The Federal Bureau of Prisons (BOP) operates numerous federal prisons across the country to house inmates from various states, including those from... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: If someone won't remove themselves from your property can you pepper spray them?
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answered on Sep 4, 2023

In Arkansas, the use of pepper spray or any other self-defense measure should be governed by the principles of reasonable force and self-defense. If someone is on your property without your permission and is refusing to leave, you generally have the right to ask them to leave verbally and call law... View More

2 Answers | Asked in Car Accidents, Libel & Slander, Contracts and Employment Law for Arkansas on
Q: I need a lawyer to respond to me now about Hurricane express there are trying to charge me for a accident and a swift

A swift driver hit me in the back

Tim Akpinar
Tim Akpinar
answered on Sep 2, 2023

A New Mexico attorney could advise best, but your question remains open for three weeks. Your insurance company should defend you - it isn't clear why you're being charged. You could reach out to attorneys to try to arrange a free initial consult. If you have a copy of the police report,... View More

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1 Answer | Asked in Uncategorized for Arkansas on
Q: Can I sue a car dealer for a car sale which was overpriced that they claimed was because of the covid pandemic?
John Michael Frick
John Michael Frick
answered on Sep 2, 2023

There is not enough information in your question to answer it.

In most cases, a buyer and a seller agree upon a price for the sale and purchase of a product. If both parties honor the agreement as made, there is no breach of contract to sue for.

1 Answer | Asked in Criminal Law for Arkansas on
Q: Is it illegal for them to up a charge while incarcerated?

So, my boyfriend's brother went to go steal drugs from a guy's house. My boyfriend just rode with him. He stood by the car the whole time, but his brother went around back and ended up being shot and killed by the home owner. My boyfriend gave him cpr and called 9 1 1. They charged my... View More

Richard Lane Hughes
Richard Lane Hughes
answered on Sep 1, 2023

The prosecutor can, with leave of the Court, amend charges at any time prior to a case being submitted to a jury. Of course the defendant can object and the court will hear that objection. The decision to allow amendment is within the court's discretion.

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can the cops legally arrest someone based solely on what a 13 yr said when there are 2 other witnesses that said the opp
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answered on Aug 31, 2023

In Arkansas, law enforcement officers generally have the authority to arrest an individual based on information they receive, including statements from witnesses, even if there are conflicting accounts. The key factor in making an arrest is establishing probable cause, which means having a... View More

1 Answer | Asked in Employment Law for Arkansas on
Q: My boss listed my hire date incorrectly (by 1 day) and now I don't qualify for a 401k bonus. What can I do?

.

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answered on Aug 30, 2023

Discovering that your boss listed your hire date incorrectly by just one day, leading to your disqualification for a 401k bonus in Arkansas, can be frustrating. To address this issue, take proactive steps by gathering evidence that supports your accurate hire date, such as offer letters or... View More

1 Answer | Asked in Landlord - Tenant and Public Benefits for Arkansas on
Q: 59 year of age disabled living in public housing on a fixed income of 914.00 monthly goes back to college on a grant is

The grant money consider income per HUD

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answered on Aug 30, 2023

Grants for educational purposes are generally not considered as income for the purposes of determining eligibility and rent calculations in federally subsidized housing programs administered by the U.S. Department of Housing and Urban Development (HUD). This includes programs like public housing... View More

2 Answers | Asked in Family Law for Arkansas on
Q: If a spouse names 3 people...on durable p.o.a. does the agent override the successor agent in Arkansas?
John Michael Frick
John Michael Frick
answered on Aug 27, 2023

Override is not really the correct term.

The agent named in a POA is authorized to take whatever action on the principle’s behalf that the principle himself can take.

If the principle’s spouse has superior rights to the principle, the spouse’s rights will also be superior to the agent’s.

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1 Answer | Asked in Criminal Law for Arkansas on
Q: Granted Parole in arkansas, have a detainer in oklahoma how long do they have to come get me
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answered on Aug 25, 2023

When you are granted parole in Arkansas but have a detainer in Oklahoma, the time frame for Oklahoma to come and pick you up can vary. Generally, states have a reasonable amount of time to transfer a parolee with a detainer to their jurisdiction. This can range from a few weeks to a couple of... View More

2 Answers | Asked in Real Estate Law and Probate for Arkansas on
Q: An acquaintance passed away back in December with no heirs. Can anyone purchase his house and truck from the state?

Home grown up and really not livable, brand new truck still on drive. Is truck up for sale with property and who do I talk to about purchasing it all

Anthony M. Avery
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answered on Aug 25, 2023

What does the State have to do with it? Search the title and start asking around about who his heirs and next of kin is. They are the owners at his death unless he had a probated Will.

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1 Answer | Asked in Divorce for Arkansas on
Q: My spouse was never held accountable to responding to interrogatories. 9 months later we still do not have answers.

Q: My spouse was never held accountable to responding to interrogatories. 9 months later we still do not have answers.

John Michael Frick
John Michael Frick
answered on Aug 25, 2023

Without seeing the interrogatories, motion to compel, response, order on the motion to compel, motion for contempt, response, reporter’s record from the hearing on the motion for contempt, and the court’s order on the motion for contempt, it is impossible to offer an opinion as a lawyer on why... View More

1 Answer | Asked in Contracts for Arkansas on
Q: If I have the tirle to a vehicle in my posession, does that make the vehicle mine?

My friend left me the title to his motorcycle before he went to prison. Does that make the vehicle mine?

T. Augustus Claus
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answered on Aug 24, 2023

Possessing the title to a vehicle does not necessarily make the vehicle legally yours. The title is a document that establishes ownership of the vehicle, but ownership is determined by the name listed on the title and any applicable laws regarding ownership transfers.

If your friend left...
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1 Answer | Asked in Family Law for Arkansas on
Q: Can a Great-Uncle marry his Great-Niece?
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answered on Aug 23, 2023

In Arkansas, it is generally not legally permissible for a great-uncle to marry his great-niece. Marriage between close blood relatives, including great-uncles and great-nieces, is typically prohibited by state laws due to concerns about potential genetic and familial issues.

1 Answer | Asked in Criminal Law for Arkansas on
Q: Is there a law in Arkansas that states that any ammunition taken into evidence must be destroyed and not returned

On the order to destroy evidence there isn’t anywhere on there that says to destroy the ammo

T. Augustus Claus
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answered on Aug 23, 2023

In Arkansas, the specific laws and procedures regarding the disposition of evidence, including ammunition, may vary based on the circumstances of the case and the applicable laws in the state. It's not a blanket rule that all ammunition taken into evidence must be destroyed and not returned.... View More

2 Answers | Asked in Family Law, Social Security and Child Support for Arkansas on
Q: My Social Security check is being garnished by the State of Tennessee through The US Treasury DEPARTMENT for Back Child

Support. I now and have lived in Arkansas for over 20 years also. What can I do to challenge or even stop this Garnisment . It is $375 a month that comes directly out of my check. Thanks Kerry

John Michael Frick
John Michael Frick
answered on Aug 22, 2023

The best way to stop this garnishment is to ascertain the total amount of back child support you owe from the state child support agency, pay that amount, and then file an application to discontinue the garnishment order.

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1 Answer | Asked in Criminal Law for Arkansas on
Q: So, my boyfriend is being charged with capital murder. Can I ask a question?

His brother went to steal drugs from some drug dealer's house. He Went with him, but stayed by the car. Didn't go inside or around back at all. His brother was shot and killed my the owner of the house. Now, he is facing a capital murder charge. How is that even allowed?

Richard Lane Hughes
Richard Lane Hughes
answered on Aug 22, 2023

This is called vicarious responsibility. Not a favorite of the law. However, legislators who make our laws want to be seen as tough on crime. The notion is that a person in the position of your boyfriend is responsible for the conduct of of all actors engaged in a criminal undertaking. It sounds... View More

1 Answer | Asked in Business Law for Arkansas on
Q: Can you help me find an attorney who specializes in nonprofit organizations? There is no state association in Arkansas.

A Google search turns up injury lawyers, criminal and family lawyers, but not even one that specializes in business law and there is no state association of nonprofits in Arkansas. We are looking for someone to turn to in order to stay current on laws concerning nonprofits and/or to serve on our... View More

Matthew Morris
Matthew Morris
answered on Aug 21, 2023

Here are some options for you to find a nonprofit organization attorney who might be able to help.

First, you might refine your Google technique. Try specifically searching for a "nonprofit organization attorney." That might filter out some of the criminal lawyers and family...
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1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: What needs to be done to get clear title to property with defective deed.

In the 1960s my grandparents purchased a lot alongside a highway in Arkansas. My Mother inherited this lot and wants to be able to sell it. However, the original deed’s description has an error, such that the north property line coincides with the centerline of the highway, when it should have... View More

Anthony M. Avery
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answered on Aug 21, 2023

A conveyance to a family member with a correct legal description based upon adverse possession with color of title might work to get it sold later. You need a good lawyer, not a title company. Keep in mind your title is not going to be perfect as the correction deed should have been executed... View More

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