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Arkansas Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Arkansas on
Q: Can you sue an employer if you think you were terminated as retaliation for reporting racial & discrimantory acts?

I was the only AA at my job in corporate banking. I suspected that I was being discriminated against. For example, there were certain restrictions placed on what I could do but, after asking several non AA coowrkers who started the same day as me who stated they didn't have any restrictions placed... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jan 8, 2020

You may be able to bring a claim for retaliation based on complaints of race discrimination under Title VII of the Civil Rights Act of 1964. To prove this claim, you must be able to establish that (1) you engaged in a protected activity; (2) you suffered an adverse employment action; and (3) there... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: Is OBSTRUCT GOVERNMENT OPERATIONS a felony or a misdemeanor in Arkansas
Degen Clow
Degen Clow answered on Jan 7, 2020

In Arkansas, Obstruction of Governmental Operations is a misdemeanor.

1 Answer | Asked in Civil Litigation, Criminal Law and Small Claims for Arkansas on
Q: I have a family member that has a warrant out for their arrest for a Class A theft misdemeanor in Arkansas of $199.65

What is the possible penalty they may face and they currently do not have a record and have never been arrested. This will be their first offense.

Degen Clow
Degen Clow answered on Jan 7, 2020

This is an A - Misdemeanor, the penalty range is up to 1 year in county jail and up to a $2,500 fine. Because they are a first offender, their are several ways to handle this type of case to try to keep it off their record and help avoid any jail time. You should consult with a criminal defense... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Is there any chance of probation for first time offence of residential burglary class B felony in Arkansas?
James E Hensley Jr
James E Hensley Jr answered on Jan 6, 2020

Yes. A lot depends on the facts of the case. Typically though, a probation offer is possible; especially with a good lawyer. It is also possible to get the Class B Felony down to a lower Felony. Need to get a lawyer right away.

1 Answer | Asked in Criminal Law for Arkansas on
Q: If someone comes to court and claims that the drugs you are being charged with belong to them will the charges against y
Mark Ryan Thiessen
Mark Ryan Thiessen answered on Jan 6, 2020

Not guaranteed. Happens all the time where someone will take the fall. The DA will analyze the case and evidence. If this person is lying, they could be charged with obstruction, perjury, false statement.... lots of stuff so be very careful. Best to hire an attorney and let the attorney present... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Will the charges be dropped If someone else claims the drugs you are being charged with
Mark Ryan Thiessen
Mark Ryan Thiessen answered on Jan 6, 2020

Depends. Depends on the DA, the evidence and how much they want to believe that other person.

1 Answer | Asked in Nursing Home Abuse and Elder Law for Arkansas on
Q: A Nurse is forbidding consentual intimate relations between 2 consenting adults, what do I do
Tim Akpinar
Tim Akpinar answered on Jan 5, 2020

It could depend on the policies of the facility. Good luck

Tim Akpinar

1 Answer | Asked in Family Law for Arkansas on
Q: Can I file a petition to change legal guardianship of my 17 year old to his grandparents. We are moving and he stay

He wants to stay with them to finish high school there. Is it process we can do ourselves through clerk or do we need to obtain a lawyer?

Dustin A. Duke
Dustin A. Duke answered on Jan 3, 2020

You probably can achieve what you need with a power of attorney, as opposed to a guardianship. A POA can give the grandparents authority to make decisions for your son, such as school and medical. It is simpler and cheaper than a guardianship and won't require court action. I have POA for minor... Read more »

1 Answer | Asked in Traffic Tickets for Arkansas on
Q: I use an Amber flashing light on m car that I use as a Hazzard light. I got a ticket. What the max fine?

I use it so people can't say they didn't see me when they hit my car. I've seen others use similar light too while driving. Why did I get a ticket for Hazzard light use .

Stewart Whaley
Stewart Whaley answered on Jan 2, 2020

It is running all the time becasue you want people to always see it?

If so, it sounds like a violation of 27-36-208(c). You aren't an authorized emergency vehicle, only using it as a turn signal and "just driving" is not an unusual traffic hazard.

27-36-208(c)

Special...
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1 Answer | Asked in Criminal Law, Admiralty / Maritime and Constitutional Law for Arkansas on
Q: How do I obtain the status of sort of which has no implied obligation and has immunity without recourse of said entity?

How to make claim of status as a free man and only acting agent of said entity

W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 30, 2019

This is sovereign citizen nonsense. Do yourself a favor and forget it and move on.

2 Answers | Asked in Tax Law for Arkansas on
Q: Shouldn't the Army have to notify me of taxes owed on moving costs in order for me to make the choice beforehand?

I recently moved from Utah to Arkansas to take a job as a civilian with the US Army Corps of Engineers. I had the Army move my HHG. I just got a debt collection letter from the Army saying I owed taxes on the amount the Army paid the moving company to move me (about $4,700 in taxes). None of the... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 30, 2019

No, there's no requirement for them to advise you.

Attorneys literally protect you from stuff like this.

Find one you like and pay them to give you advice.

The only thing more expensive than an attorney is not having an attorney.

Sorry that happened to you....
Read more »

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1 Answer | Asked in Contracts and Construction Law for Arkansas on
Q: can a supplier of shingles come after me, the property owner for the cost of shingles already paid to the contractor?

The shingle company is trying to hold me up for the cost of shingles that the contractor did not pay for though I have no contract with them.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 25, 2019

Unless you were in cahoots with the contractor and the supplier of the shingles can prove it you may be in the clear. On the other hand, since you have a claim against the contractor why not agree to help the supplier get the money you paid to the contractor?

1 Answer | Asked in Civil Rights and Constitutional Law for Arkansas on
Q: I know someone in the state of Arkansas doing tattoos out of her house. I have LOTS of pictures for proof

Also has a 10 year old daughter living with her. What are the penalties?

W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 23, 2019

I hope you don't turn them in because that is such a dumb law. I don't know what the penalties are, probably a small fine.

1 Answer | Asked in Probate for Arkansas on
Q: Is there a time limit in Arkansas for filing for probate after a person dies and if so, what?

My step-mother died 11 years ago and I am now being asked to file her will so that a probate process can be initiated. This sounds "iffy" to me.

Paul Dumas
Paul Dumas answered on Dec 20, 2019

In Arkansas you have five years from the date of death of the decedent to Open a probate estate for the deceased individual and to file their will for probate. After the five year deadline has expired, You can no longer file the will for a regular probate proceeding. After the expiration of the... Read more »

1 Answer | Asked in Divorce and Family Law for Arkansas on
Q: I am going through a divorce. MY spouse and I have had 3 sexual encounters but he tells me not to tell anyone, why?/

We have no "video" proof, but some texts where we have met or driving to meet eachother, texts as well saying he cant stop thinking of me since he saw me the night before...

Dustin A. Duke
Dustin A. Duke answered on Dec 12, 2019

One of the requirements for divorce is that you are separated from your spouse. Generally that means that you are no longer having a sexual relationship. If you all are still having sex, it could prevent you and your spouse from obtaining a divorce. Hope this helps.

1 Answer | Asked in Family Law for Arkansas on
Q: I have found more information about fathers rights but what about mothers rights? Who have legal custody of the child.
Dustin A. Duke
Dustin A. Duke answered on Dec 6, 2019

I am not sure exactly what you are asking. Is there something specific that you are wishing to decide regarding your child or something that you are wanting to preclude the child's father from doing? As a general rule, the custodial parent has decision making authority over the child, including... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: If i have a first time shoplifting citation, will I go to jail?
James E Hensley Jr
James E Hensley Jr answered on Nov 30, 2019

It would be rare to have jail time on a first charge of shoplifting. I figure you are charged in Arkansas. Shoplifting is a misdemeanor but could cause you some trouble later in life depending on where you want to work and your career path.

You should sit down with a lawyer in the area...
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2 Answers | Asked in Criminal Law for Arkansas on
Q: Is it legal in Arkansas to use deadly force to protect others?
Stewart Whaley
Stewart Whaley answered on Nov 28, 2019

In VERY rare circumstances and it should be avoided if possible. See Arkansas Code § 5-2-606. Use of physical force in defense of a person and § 5-2-607. Use of deadly physical force in defense of a person.

Despite your interpretation of those statutes, you should remember to err on...
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1 Answer | Asked in Family Law for Arkansas on
Q: I am married out of Florida. I currently reside in Arkansas with My Step Son and my Children.

My husband is the father to my Step Son and 2 of my young children. He was currently incarcerated and then extradited on a separate warrant to Florida. I am looking to divorce him. His Mother (the grandmother) has a signed notarized letter of custody for my Step Son made a few years ago. His bio... Read more »

Stewart Whaley
Stewart Whaley answered on Nov 28, 2019

You need to consult an attorney. There are unanswered facts that will deteremine how you might proceed. If the notarized letter is not a court order, it does nothing. From the information provided, you are not a biological parent and do not have legal custody established. Grandmother has done... Read more »

1 Answer | Asked in Uncategorized for Arkansas on
Q: can you get arrested for not paying a loan
William Jaksa
William Jaksa answered on Nov 27, 2019

You can get sued for breach of contract. The only times I've seen people criminally charged is when there was some associated fraud, such as using a fake name, providing false information on the loan agreement, or obviously fraud related to obtaining the loan.

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