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Arkansas Questions & Answers
1 Answer | Asked in Criminal Law for Arkansas on
Q: To be arrested with theft by property does the person have to be in possession of said property for them to get arrested
Richard Lane Hughes
Richard Lane Hughes
answered on May 12, 2023

No. The offense is the theft of the property. Possession of stolen property may be evidence of theft or a separate crime. The taking and the possession are two distinct acts.

1 Answer | Asked in Uncategorized for Arkansas on
Q: Can HR legally be in charge of departments other than HR?

Such as security, and custodial departments.

Tim Akpinar
Tim Akpinar
answered on May 11, 2023

An Arkansas attorney could advise best, but your question remains open for two weeks. But nationwide, it's a common practice in small businesses. Good luck

1 Answer | Asked in Real Estate Law for Arkansas on
Q: Can my neighbors get an injunction to keep me from Crossing their property thereby us being homeless

I am in Arkansas This is a 6 to 10 ft section of property that we made an agreement on we could use and have been using their Road for a year and a half now that we are moving on our property they want an injunction where we cannot cross over this section. My question is how likely what a judge... View More

Peter J. Weinman
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answered on May 11, 2023

Your property is landlocked, you made an agreement for an easement over your neighbor's land, and now the neighbor is preventing you from accessing your property? Without more information, we cannot guess your next best move. How long have you owned the landlocked parcel? Was it once part... View More

1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: Deceased dad's & his girlfriend's names are on a deed to property they bought together 3 years before he passed. No will

Dad passed in 2015. Girlfriend has contacted me this week wanting me to sign a quitclaim deed so she can sell this property. Do I have any rights to my Dad's portion of this property? Would the deed say heirs on it.? Right now the county tax accessors has it listed with her name- and his hame... View More

Anthony M. Avery
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answered on May 5, 2023

Hire a competent AR attorney to at least read the Deed. It is very possible that you own an one/half undivided interest as a tenant in common. But someone needs to determine the title. If you are one of the two owners, then agree to the sale and do not sign a Deed until you are paid half the... View More

1 Answer | Asked in Traffic Tickets and Car Accidents for Arkansas on
Q: Can I get a ticket on hear say
Joel Gary Selik
Joel Gary Selik
answered on May 4, 2023

More facts would be needed to get a full response to this question.

A police officer cannot give a speeding ticket, for example, based on a witnesses statement that the witness saw the person speeding. On the other hand, a witness that saw a person speeding may be able to testify at court...
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1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: In Arkansas, what is the easiest and cheapest legal way to get a person off a deed who’s not supposed to be on the deed?

I live in Michigan.

In Arkansas, my brother and I inherited land from my deceased father. Using a lawyer, he had purchased land from relatives using quit claim deeds.

However, to save money, he used a Bill of Sale to purchase land from one relative. This relative is still... View More

Anthony M. Avery
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answered on Apr 13, 2023

Bill of Sale is not a conveyance. Suing for Specific Performance will cost some money. Call AR attorneys who handle property litigation. A Partition suit is probably your best option, and hopefully the lawyers can get paid from sale proceeds.

1 Answer | Asked in Personal Injury for Arkansas on
Q: Q: What is the US Civil Statute to be stated in a Negligence, Personal Injury and Premise Liability Per Se, Complaint?

State in question is Arkansas

A pallet of 400 2- liters bottles fell on me. The pallet weight was approximately 1200 lbs causing multiple injuries

Tim Akpinar
Tim Akpinar
answered on Apr 4, 2023

An Arkansas attorney could advise best, but your question remains open for five weeks. At this point, you could reach out to local attorneys for guidance on the pleadings. You may also want to discuss with them the matter of jurisdiction. You're raising a federal statute, but it could be worth... View More

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: My dad passed away without a will,not married ,and I'm the only child his girlfriend will not give me his things?
Anthony M. Avery
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answered on Mar 27, 2023

What did your Father die owning? You are probably the Heir and Next of Kin, but if there is little property, then Administrating his Estate with Letters is a waste of time. If there is property, hire a competent AZ attorney to represent you.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: On the Quit Claim Deed it says: His name Or My name Filed at Recorder Office in Sept 2006. He passed 9 mo

He passed 9 months ago.We both lived on property since 2007

Is this Joint Tendency? Property transfer to me? What do I do to remove his name. I have a Certified Death Certificate

Anthony M. Avery
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answered on Mar 27, 2023

Sounds like a Tenancy In Common where both owned one/half Undivided Interests, if no survivorship condition is shown. But an examination of the Deed and a Title Search are necessary. It sounds like his Heirs took his interest.

1 Answer | Asked in Criminal Law for Arkansas on
Q: My 18 yo son received a citation for contributing to the delinquency of a minor.

He had a get together at his dad's house, the police showed up and told him that a 14 yo was being pulled over and fled the police causing him to crash . He told the police he had left my son's party. My son did not invite nor he knows the kid, which he explained to the police. The... View More

Richard Lane Hughes
Richard Lane Hughes
answered on Mar 25, 2023

It is clearly possible based upon your statement. Citizens are often shocked when they are affected by the powers of the police and prosecutors. Remember when you vote that the prosecutor has the discretion and makes the decision to charge a person with a crime.

Many potentially...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: If you are searched by a cop that says dispatch told him I had a search waiver but later says he found out I don’t .

I was stopped driving and the cop is looking for someone walking. He runs my license and thought dispatch told him I had a search waiver. Later he states in the report he found out there wasn’t a search waiver .Is that grounds to throw the case out ?

Richard Lane Hughes
Richard Lane Hughes
answered on Mar 25, 2023

This is the type of thing that courts have routinely found to be good faith errors and thus not prejudicial or subject to exclusionary rules based, in part, upon the rationale of US v. Leon. Each case though, is fact specific. There may be additional facts in your situation that might prove... View More

2 Answers | Asked in Trademark for Arkansas on
Q: How to do I get a trademark that was already started but the examiner dropped the ball? "COVID" - great excuse!

We did everything asked from the government site. Replied to the examiner etc. This was during the "Covid ordeal" so no one ever got back with us. Great excuse. Then they just abandoned it as failure to respond even though we did. We still need to get this trademarked. I guess they just... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 21, 2023

If it was abandoned your best bet is to refile. You should consult with an attorney and get a full understanding of your case and if your goals can be achieved.

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1 Answer | Asked in Criminal Law and Libel & Slander for Arkansas on
Q: Can i press charges against an adult if they come to my workplace and threaten to assault me along with their children?

I'm a manager a fast-food establishment and i sent an employee home. That employee then calls her mother to the restaurant and proceeds to threaten me along with other family members. They threw drinks and metal rods at me, called me everything but a Child of God.

Richard Lane Hughes
Richard Lane Hughes
answered on Mar 20, 2023

You can, and probably should, report the incident to the police and your local prosecuting attorney. The prosecutor has the discretion and duty to determine if the offending persons will be charged with violating the law based upon the facts that you provide along with any facts the police gather... View More

1 Answer | Asked in Collections for Arkansas on
Q: Can a collection company charge attorney fees if you haven't been in court over a debt?
Joel Gary Selik
Joel Gary Selik
answered on Mar 17, 2023

Yes the are allowed to if it is the signed contract, which it usually is.

1 Answer | Asked in Gov & Administrative Law for Arkansas on
Q: If i am in my privately owned vehicle while it is parked on a college campus am i legally allowed to smoke
John Michael Frick
John Michael Frick
answered on Mar 17, 2023

Yes as long as the college does not prohibit it on its campus.

1 Answer | Asked in Probate for Arkansas on
Q: I need to know if I can file for a change of venue on a Arkansas probate case
Anthony M. Avery
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answered on Mar 17, 2023

Probably not unless you can show the Court that it lacks subject matter jurisdiction in the first place. An ancillary administration might be needed.

2 Answers | Asked in Real Estate Law for Arkansas on
Q: Is there variation of pin distance from original survey boundary line when pins are consistently place by water meter

My Arkansas home is built on a zero lot line. How do I verify the original pin has not been moved during construction

Anthony M. Avery
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answered on Mar 15, 2023

What is your question? Apparently your new survey is different from the old. You might contact the surveyors, but if they talk to you they will defend their opinions. Declination might be a factor here, but probably one survey was more precise than the other. If you have a dispute then hire... View More

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1 Answer | Asked in Personal Injury for Arkansas on
Q: What are the US statutes for personal injury , premise liability, negligence and human rights violations in Arkansas..
Tim Akpinar
Tim Akpinar
answered on Mar 14, 2023

An Arkansas attorney could advise best, but your question remains open for two weeks. There are too many different statutes in all those categories to list. Since many accident cases are heard in state court, there are various state laws that could apply. Good luck

1 Answer | Asked in Bankruptcy, Divorce, Family Law and Foreclosure for Arkansas on
Q: Howdo I get a dismissed petition chapter13 bankruptcy removed frm my credit report if the filing information wasn't mine

I need help in regards a chapter 13 bankruptcy that all the debts were in ex spouses name but they filed it in my name. Hes Scott free and now they are foreclosing, and I'm still co borrower on the mortgage. How can I do I fix this for my future. Divorce is pending.

Timothy Denison
Timothy Denison
answered on Mar 10, 2023

Contact all three credit bureaus and advise them of the error and provide them with the documentation necessary to correct it. Usually takes about 30-45 days to get corrected.

2 Answers | Asked in Bankruptcy, Consumer Law and Small Claims for Arkansas on
Q: If the lien is more than the debt, can the debt be forgiven

I was given an RV that has a lien, the rv has been vandalized severely, making the RV not worth more than the lien. Can the lien be forgiven? I am not sure what to do as I need this RV desperately.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 10, 2023

Assuming that the lienholder properly perfected it lien (easy to do), a bankruptcy filing by its owner will not impair or "forgive" the liened indebtedness.

If you file a Chapter 7 case (the *Desnup* US Supreme Court decision), the bankruptcy has no effect, and the lien cannot be...
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