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Arkansas Questions & Answers
1 Answer | Asked in Criminal Law and Real Estate Law for Arkansas on
Q: If I have a misdemeanor charge for theft that is being expunged will this still bar me from getting a realtor license?

I haven’t started the process yet for my expungement, but I am in the process of trying to find a lawyer to do so, it’s a Misdemeanor A Theft.

James E Hensley Jr
James E Hensley Jr answered on Aug 27, 2019

Once the charges are expunged you the charge will not show up on your record with the state of Arkansas; however, there are other websites that record you being charged. They rarely receive notice of the expunged record. You might need to send them a copy of the file marked expunge order.... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Hi, I am facing terroristic threatening charges where multiple people at work accused me of making threats

I was wondering if there was a way I can see the statements they wrote to the police somehow before my court date?

James E Hensley Jr
James E Hensley Jr answered on Aug 25, 2019

Your lawyer will request what is called Discovery. The state must give you everything they have against you including any evidence that shows your innocence. You will be able to see everything written against you. If you don't have a lawyer, just write a letter to the prosecutor and request to... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Arkansas on
Q: I got a lung disease while employed at a dusty factory. Now disabled for life I’m 27. Can I sue Company for this?

I’m 27 now been in and out hospital for last year, seeking answers on what was wrong with me. Was very healthy until this all started. Worked there for 4 years in extremely dusty chemical factory (alumina dust). Company takes no blame but I don’t see how they can possibly not. I’m... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2019

You want to contact an attorney who is a member of the Arkansas Assn for Justice/Trial Lawyers Association who handles workers comp & occupational disease claims. You should apply for Social Security Disability. If denied appeal. If the time has run file a second application.

1 Answer | Asked in Family Law, Criminal Law and Personal Injury for Arkansas on
Q: In the Supreme Court decision, Wright vs. UNION NATIONAL BANK.

Very little was given back, they stole Hi Daniel's oil and Gas Co. After this decision, million hidden in overseas accounts, nothing returned to June Grubbs. I just found the money existed, that it was millions, about the Gas Co. Law firm is closed. In last sentence, was chancelOrs decision that... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 24, 2019

This appears to be a matter of considerable complexity that would be difficult for an attorney to respond to in a basic Q & A forum. As a starting point, you could contact an Arkansas attorney to arrange a consultation. It was categorized under Personal Injury, but seems closer to being something... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Arkansas on
Q: What are my options about finding out a place has termite damage when the contract says it doesn't.

Bought a house and closed last Friday. Started renovating the master bath and found extensive termite damge and plain as day visible signs that they had termites. It's obvious someone knew about this issue at some point becaust they had the house treated and the termites aren't in the house... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 24, 2019

Although I have not had a chance to review all the documents involved in the purchase and sale referred too it appears to me that you may be miss-interpreting the contract with respect to the existence--vel non--of termites. Unless the

contract(s) specifically say there is no termite...
Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: What type of court is it for this offence?

Example, is it arraignment?

Gary Kollin
Gary Kollin answered on Aug 23, 2019

I give up. Is the offense a secret?

1 Answer | Asked in Child Custody for Arkansas on
Q: I am custodial parent of my 6 yr old son . My question is I don’t want the father on the school pickup list .

Can I stop the school from letting this happen. We have not been to court yet for visitation what are my rights

Patrick R. Lee
Patrick R. Lee answered on Aug 22, 2019

Are you married to the child's father? The answer to your question depends on whether the man currently has any parental rights.

If you have a good reason for not wanting your child to be picked up by his father (for example, you have reason to believe he may be abusive or may remove the...
Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: My wife got arrested on FTA 8/7/19. Her Attorney admitted that he was at fault. Why would they still have her jailed?

Her attorney told us both on 8/5/19 her next court dates were 9/9/16 & 9/16/19, we were meeting her attorney on Friday the 9th to go over her evidence. The night before the bondsman showed up to arrest her for the FTA. It's kinda confusing, he didn't arrest her, I called her attorney at home and he... Read more »

Gary Kollin
Gary Kollin answered on Aug 20, 2019

How many times snd how many ways fo you want to ask the same question

1 Answer | Asked in Domestic Violence for Arkansas on
Q: I was charged with Domestic battery 3rd degree of a minor. Even if it was self defense, can I still be charged?
William Jaksa
William Jaksa answered on Aug 19, 2019

Yes. The police that investigated the charge believed that there was enough evidence to lay the charges. Self-defense is something that the police could have considered in their investigation and in consideration of laying the charges, but ultimately they decided it was not overwhelming enough to... Read more »

1 Answer | Asked in Divorce and Child Custody for Arkansas on
Q: My husband and i havent lived together in two months. Can we start seeing other people legally?

We have two kids together.

Don Spears
Don Spears answered on Aug 19, 2019

Your question is more of a moral instead of legal one. According to Arkansas law if you are still married you would be committing adultery which is grounds for divorce.

1 Answer | Asked in Child Custody for Arkansas on
Q: I have recently got sole custody of my son can I change his name with out the mothers permission?
Patrick R. Lee
Patrick R. Lee answered on Aug 19, 2019

You'll still need to notify her unless her parental rights were terminated. Unless you got "sole custody" through a DHS proceeding, her rights have probably not been terminated. Even if you did, it needs to state in the most recent custody order that her parental rights were terminated.... Read more »

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: If your are married and both spouses own everything and one dies does everything automatically go to the other spouse if

If that what they wanted but don’t have a will

Patrick R. Lee
Patrick R. Lee answered on Aug 16, 2019

It depends on whether the deceased spouse had any children. It also depends on how each piece of property is titled. Real estate may be titled such that it passes automatically to the survivor. Bank accounts may have payable on death beneficiaries.

You probably need to consult with an...
Read more »

1 Answer | Asked in Child Custody for Arkansas on
Q: How does next of kin work with a child when both parents die
Patrick R. Lee
Patrick R. Lee answered on Aug 16, 2019

If both a child's parents pass away, someone who is related to the child may petition a court to appoint the relative as the child's guardian. If you know someone in this situation, they may need to seek counsel from a lawyer about filing a guardianship petition in Arkansas, if that's where the... Read more »

1 Answer | Asked in Car Accidents for Arkansas on
Q: If someone clearly is the cause of an accident and has insurance, hits an uninsured person and causes injury and totals

their car, is the insured person that caused the accident still responsible for the injuries and totalled car of the uninsured person?

Tim Akpinar
Tim Akpinar answered on Aug 16, 2019

Yes. The fact that the victim didn't have insurance does not absolve the driver who was at fault. However, depending on the jurisdiction, remedies of the victim could be limited if they did not carry insurance. Also, they could face penalties for driving uninsured. You would need to consult with an... Read more »

1 Answer | Asked in Civil Rights for Arkansas on
Q: what to do if someone lied and said i broke no contact order and i went to jail but all my belongings are still there ??

I went to jail for violation of no contact order but i have not broke it. I am confused.

Gary Kollin
Gary Kollin answered on Aug 15, 2019

Well if that is the csse then you will be found not guilty

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: Can a landlord enter my unit and remove my property, if the property is not prohibited by the lease or state law?
Patrick R. Lee
Patrick R. Lee answered on Aug 14, 2019

What property did this landlord remove? A lot more information is needed to answer this question.

1 Answer | Asked in Criminal Law for Arkansas on
Q: If my act of self defense against aphysically aggressive trespasser results in significant injuries, did i assault them?
Patrick R. Lee
Patrick R. Lee answered on Aug 14, 2019

It all depends on the circumstances. If the "physically aggressive trespasser" was using or about to use force that could have caused significant injury to you, you are allowed to defend yourself with about an equal amount of force.

For instance, say someone is only being verbally abusive,...
Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Arkansas on
Q: Can I file an emergency custody order while being married? He resides in Tennessee and my daughter and I reside inArkan

We have split time with her for the summer there isn't any legal agreement or divorce proceedings filed. School is about to start as I will have her during the week per verbal agreement. I received Medicaid and arkids for my daughter and I are the state is now requiring I file for child support... Read more »

Patrick R. Lee
Patrick R. Lee answered on Aug 13, 2019

It sounds like you need to get divorced and get a custody/support order in place.

There are some potential issues with jurisdiction because she spends what looks like equal time in both states, but regardless, this is an issue you probably need to get in front of an attorney to figure out...
Read more »

1 Answer | Asked in Probate for Arkansas on
Q: My grandmother passed away in February of this year, my family is not close (2 uncles, 1 aunt, then my mom)

My aunts in charge of distributing in will (she lives out of state) , it got out probate in August. I haven’t heard anything since then. Do I need to hire a lawyer? I’ve already been told my name is in the will, haven’t been told anything else. I don’t really know much about this stuff... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 12, 2019

You can walk into the probate court and ask to see the file. In there you will see the will, which you can read. You can also read up on what happened in the case. Look for the final order of distribution, which states who got what.

If the court is too far away, you can hire a local...
Read more »

1 Answer | Asked in Criminal Law and Sexual Harassment for Arkansas on
Q: Is a male officer allowed to put his hand in the pocket of a female suspect during a search?
James E Hensley Jr
James E Hensley Jr answered on Aug 8, 2019

Typically the answer is yes. He should exercise care though. Most officers will have another officer - preferably a female officer present.

The only reason an officer should be placing his hand in anyone's pocket is to check for weapons. There is a lot of case law dealing with this...
Read more »

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