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Arkansas Questions & Answers
1 Answer | Asked in Criminal Law for Arkansas on
Q: The prosecutor issued a warrant and wants to talk to me and I do not have a lawyer. Should I go?

They are trying to accuse me of child abuse

Richard Lane Hughes
Richard Lane Hughes
answered on Jul 5, 2023

You should not go without a criminal defense attorney representing you. Even then, your attorney may advise you against talking to a prosecuter. One of the most important rights that you have per the State and United States Constitution is the right to remain silent. Many people make the mistake of... View More

1 Answer | Asked in Civil Rights for Arkansas on
Q: What can I do about constant hurrasment by local police department?

Cops pulling my girlfriend over saying my info is coming up on her car registration? Then saying he pulled us over for a little tree air freshener hanging from rear view mirror.

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 Jun 30, 2023

Document each incident, including the date, time, location, and details of what occurred. If possible, gather any evidence such as photographs, videos, or witness statements.

You may want to consider filing a formal complaint with the internal affairs division of the police department or...
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1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Employment Law for Arkansas on
Q: I worked for a national company that lies to everyone. I have an arbitration clause in my contract. Can I do anything?

They repeat lies and omit facts that could easily cost the customer tens of thousands of dollars- I’m sure they have done so many times. Most of their clientele is lower to middle income which is concerning. I think I can pretty easily prove that they conditioned us to repeat these lies. (BTW,... View More

Samuel B. Edwards
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Samuel B. Edwards
answered on Jun 29, 2023

Where the arbitration agreement in your employment contract is an impediment depends on what you want to do. To the extent you want to sue the company for back wages or any other employment issue, the arbitration agreement would likely require that the claims be asserted in arbitration, rather... View More

1 Answer | Asked in Criminal Law and Family Law for Arkansas on
Q: When I was 16 years old in 1988 I had a spiteful individual file a child abuse complaint against me. Now it's come back

The case went nowhere after their "investigation". Now all these years later it's come back to haunt me. In fact it seems as if it has been refreshed with my current name and address.

Shouldn't this have been sealed since I was a minor at the time? Why should it be... View More

John Michael Frick
John Michael Frick
answered on Jun 26, 2023

As a general rule, a criminal charge for child abuse that did not result in a conviction cannot be used against you in court.

As a general rule, even a conviction for child abuse that happened that long ago cannot be used against you in court because it is too remote in time. An exception...
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1 Answer | Asked in Criminal Law, Collections and Libel & Slander for Arkansas on
Q: Can you be charged with thrift of property for repoing your own vehicle back from the company cause they repoed it from

Me before the payment was due. Doesn't that mean they were in breach of contract first. And it's in my name how can you steal something that is your

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 24, 2023

Yes. Once your vehicle is taken back by the Lender, you have no right to retake possession without their permission.

2 Answers | Asked in Trademark and Intellectual Property for Arkansas on
Q: What does "Status: 710 - cancelled - section 8" mean on a trademark?

If a name is showing a trademark and then shows the above: "Status: 710 - cancelled - section 8"

Matthew Alexander Toporek
Matthew Alexander Toporek
answered on Jun 21, 2023

That code means that the trademark was cancelled due to failing to timely file the proper renewal paperwork. The first trademark renewal is due after the five year anniversary of the registration date, during that fifth year. The second renewal is due ten years after the registration date. Third... View More

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1 Answer | Asked in Criminal Law for Arkansas on
Q: Grainy video footage of someone hunting on ur property to where u can't tell who it is Van a person be charged

Wildlife officer said he had video footage of a friend of mine hunting but my friend said he wasn't the one hunting & u can't tell who the person is on video but my friend is in jail who is a felon. Trying to get him with a gun charge.

John Michael Frick
John Michael Frick
answered on Jun 16, 2023

Grainy video footage likely isn't enough, standing alone, to persuade a jury of a person's guilt beyond a reasonable doubt. Tell your friend to listen carefully to his lawyer, learn as much as he can about any other evidence the State may have against him, and don't be afraid to... View More

1 Answer | Asked in Employment Law for Arkansas on
Q: I was paid wrong by employer, they paid over 3 different checks and it’s still wrong amount and taxes messed up

My pay is complicated because I worked overtime, I get shift differential added to my base pay at one rate for 2nd shift and another rate for 3rd shift, I also worked 4 extra shifts with a bonus of $200 extra per shift, paydays are semimonthly. I had 97 hours (11hours OT), with $800 bonuses owed to... View More

Rhiannon Herbert
Rhiannon Herbert
answered on May 31, 2023

You should discuss this situation with an Arkansas employment attorney in more detail. In addition to the issues you've listed above, employers also need to account for shift differentials and non-discretionary bonus payments when calculating your overtime pay rate. If your overtime pay rate... View More

2 Answers | Asked in Car Accidents and Personal Injury for Arkansas on
Q: If I am turning left into place of business and the person is speeding and hits me what are my choices if anything
Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

You need to contact a local attorney that specializes in personal injury/ property damage to represent you in this situation. It may ultimately turn out that you are both partially at fault, the attorney will need to see the police report. If the other car was speeding by 5mph over, he may not... View More

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1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: I live in Arkansas and my ex moved out a yr ago and left a lot of her stuff. Do I legally have ownership of the items

I have asked her sev times to come get it and she has refused saying she is waiting till she gets her own place.

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Most states have laws regarding abandoned property that require you to provide written notice, usually via certified mail, return receipt. Apparently you know where she is, so you must provide written notice of abandonment of personal property to her, and give her an opportunity to collect her... View More

2 Answers | Asked in Real Estate Law and Probate for Arkansas on
Q: Is a heir responsible to grant a first right of refusal her deceased relative made before their death?
Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

You really need to discuss all the facts with a local Probate attorney, look here on Justia for one. Generally promises to transfer land must be in writing, but there are additional restrictions when the Grantor dies, then the writing must comply with all the requirements of a Last Will. It must... View More

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1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: My friend's mother died without a will. She is an only child. What does she need to do to have the deed put in her name?

My friend is an adult. Her mother was a widow, and they lived together. As for the house, it's worth less than $75,000.

Ryan Zapalac
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Ryan Zapalac
answered on May 23, 2023

Generally, when there is no Will, you must go through some sort of probate administration whereby the heirs of the deceased are judicially determined and a personal representative is appointed. However, several states have a process available to assist those smaller estates that may not need... View More

1 Answer | Asked in Car Accidents, Insurance Bad Faith, Personal Injury and Consumer Law for Arkansas on
Q: I was in a automobile accident that was not my fault and I feel like insurance tampered with evidence and had a question

It was told to one of their chosen body / mechanic shops but the mechanic didn't even know it was on the lot the body person looked at a dent on it and said the engine was like it was when I was driving it which is physically impossible because the transmission line had been knocked loose and... View More

Tim Akpinar
Tim Akpinar
answered on May 23, 2023

An Arkansas attorney could advise best, but your question remains open for three weeks. Insurance companies don't have a reason to tamper with cars after an accident - many of the basic facts concerning liability are usually established at the scene. There's a lot of information to sort... View More

1 Answer | Asked in Real Estate Law for Arkansas on
Q: If you own property jointly, undivided, can one owner force a sale? Or could it instead be divided?

My 2 brothers and I jointly own our family farm. It was deeded to us by our parents undivided. I and one brother each own 37.5%, the other brother owns 25%. Can one owner force a sale instead of having it divided? Would a judge typically force a sale over division?

Anthony M. Avery
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answered on May 23, 2023

If you sue for Partition, a Partition in Kind is possible to give each owner certain parts of the tract. If it cannot be fairly physically divided, then a Partition Sale will be ordered to divide the Sale Proceeds. Consult with an AR attorney.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Arkansas on
Q: How to cancel a right of way given to the county? I canceled real estate project. No money given or work done by anyone.

I was required to grant a right of way dedication for a project at the entrance of my land to the county. I have canceled the project. I was required to sign a quitclaim deed to get the project approved. I have canceled the project and plan to sell. The right of away is not needed anymore. It... View More

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2023

Assuming it was recorded (which would have been required to obtain the approval), you cannot cancel a conveyance and you will need the county to convey it back to you.

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I am answering this question from my New York Perspective.

1 Answer | Asked in Employment Law for Arkansas on
Q: Is there anything that can be done if hired by company with offer letter and the actual job is different and more to it?

The job was for one foundation within the company, scheduling appts, messaging physicians and or staff, refill requests etc. within 3 months of being hired was trained on new program and told we were going to all become Universal agents taking calls for multiple foundations with different work... View More

Rhiannon Herbert
Rhiannon Herbert
answered on May 16, 2023

Unfortunately, offer letters are generally not considered contracts, so there is likely not much you can do to hold the company to what they originally told you on the scope of your role.

1 Answer | Asked in Criminal Law for Arkansas on
Q: 2 people are in my car for 1.5days they pick me up to take me to work.1mile. I'm charged with poss.with intent.by the la

Law since it's my car are the drugs automatically mine

John Michael Frick
John Michael Frick
answered on May 15, 2023

The drugs are not “automatically” yours but your ownership of the car is certainly probable cause that they belong to you sufficient for you to be charged.

Whether the State can prove beyond a reasonable doubt that they belong to you depends on the particular facts and circumstances of your case.

1 Answer | Asked in Traffic Tickets and DUI / DWI for Arkansas on
Q: how do I apply for a restricted driver license

DUI 8 years ago. Paid fines but did not complete classes. No other DUI. My daughters moving out this week and my father is elderly and not getting around really well and I need to be able to drive.

Travis A. Newton
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Travis A. Newton
answered on May 14, 2023

In South Carolina, you would need to register for and eventually complete the Alcohol Drug Safety Action Program (ADSAP) before driving privileges could be restored on a route-restricted basis.

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: 3 people arrested for drugs and guns 2 went fta the 3rd went to court it got thrown out what happens to the 2 fta's

the fbi didnt hand over any documents or video so they threw hers out now what happens to the 2 who went on the run

Richard Lane Hughes
Richard Lane Hughes
answered on May 12, 2023

The persons that failed to appear remain subject to prosecution. Jeapordy did not attach to those individuals since they did not appear to defend themselves. There may be reasons that the failure to disclose "Brady" material in the case of accused number one will impact the prosecution of... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: If someone fails to appear in court in Arkansas are they considered a fugitive?

Also, if I refuse to tell an officer where someone is that failed appear when asked can I be charged with anything?

Richard Lane Hughes
Richard Lane Hughes
answered on May 12, 2023

If the Court issues a warrant for the arrest of an accused for failure to appear, the accused may be considered a fugitive. That is, the active warrant subjects the person named in the warrant to arrest and detention. The term "fugitive" is sometimes used to invoke jurisdiction of law... View More

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