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Arkansas Questions & Answers
1 Answer | Asked in Criminal Law for Arkansas on
Q: I am on probation for 8 more months. If I absconded for 5 months, when caught, would I have to finish out the 8 months?

Or would I just have to finish the 3 months? I'm in Arkansas.

Richard Lane Hughes
Richard Lane Hughes
answered on Jun 23, 2022

You might have to finish 8 months and more! You are subject to being sentenced to the maximum sentence that you could have received at the time you got the probationary sentence. You might also serve the remainder of your sentence in jail or prison rather than on probation.

1 Answer | Asked in Car Accidents for Arkansas on
Q: What steps to take if my car is damaged by a hit and run? The driver tag was obtained and. a police report was made.

I have only liability insurance.

I have yet to receive the police report.

Tim Akpinar
Tim Akpinar
answered on Jun 11, 2022

An Arkansas attorney could advise best, but your question remains open for three weeks. Until you're able to arrange a meaningful consult with a local attorney, as a general matter nationwide, the other side's insurance should cover damages if you can show that they were at fault. Good luck

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can a drug charge be enhanced if I had no prior drug conviction in Arkansas

My charge was enhanced from simple possession to possession with intent to deliver and manufacturing with no prior drug charge is that legal for the prosecutor to enhance that charge in Arkansas

Degen Clow
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Degen Clow
answered on Jun 7, 2022

The short answer is yes, it can be enhanced based upon several different factors. Weight of the drugs, the way they are packaged, if there are scales or baggies present with the drugs, all of these can factor into an enhancement.

1 Answer | Asked in Criminal Law for Arkansas on
Q: are there any viable defenses on a certain persons charge
Degen Clow
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Degen Clow
answered on Jun 7, 2022

If you are asking about possession of firearms by certain persons, then yes, there are viable defenses. Knowledge of the firearm is required to be proved to sustain a conviction in these cases. So, if it is not reasonable that you knew or should have known the firearm was present, you may have a... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Is the state of Arkansas required to serve all outstanding warrants at the time of a suspects arraignment?

My husband was arrested May 26th, 2022, around 10pm for fleeing in vehicle, in addition to outstanding warrants for a class Y delivery charge and FTP on a driving offense. The class Y arrest warrant was issued in Sept of 2019. We had no knowledge of the charges or warrant prior to arrest. He has... Read more »

Richard Lane Hughes
Richard Lane Hughes
answered on Jun 6, 2022

"No" is the easy answer. That is, not with the intent to ambush a citizen with a warrant to get an existing bail bond revoked. The problem is that there is no requirement that all existing warrants be served at a given time. Warrants can become stale or subject to attack for several... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: If I was found guilty but my co-defendant gets his thrown out can I have mine thrown out also?

I was convicted of a drug charge. I had a public defender and plead out to one-year probation. My code defendant has hired private counsel and has not plead out yet. But I see where they are attempting to have the case dismissed. If he is successful in his attempt at having his case thrown out what... Read more »

W. Whitfield Hyman
W. Whitfield Hyman
answered on Jun 3, 2022

You could appeal your plea or file a rule 37 ineffective assistance of counsel or writ of error coram nobis. These are all very expensive remedies, I recommend Michael Kaiser in the Little Rock area for appeals and rule 37s.

1 Answer | Asked in Employment Law for Arkansas on
Q: Does city of north Little Rock have to pay overtime after 40 hours? Because they only offer flex or comp time no pay.
Chris W. Burks
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Chris W. Burks
answered on May 31, 2022

Thanks and it depends on your position and their exact policy. If, for example, they don't have a cap on the amount of comp. time that you can accrue (add up), and you keep accruing unlimited hours, then you are owed the pay for the hours over the cap at time-and-a-half your regular rate of... Read more »

1 Answer | Asked in Civil Litigation for Arkansas on
Q: Entering on rapm from haskell, 18 wheeler cut over and I hit the wait while turning on the ramp. Top right fender is bad

Couldn't squeeze over the of wall but the absolutely not even 90 degrees turn on on the ramp to 30 is I'm possibly. It's more like 45 degree angle. I didny want to get spattered but the corner of on ramp and truck coming over sure did a number in my right fender and considering this... Read more »

Tim Akpinar
Tim Akpinar
answered on May 29, 2022

An Arkansas attorney could advise best here, but your question remains open for two weeks. I'm sorry for your accident. There's no mention of injuries, and I hope that's the case. Based on the description here, this isn't a bad faith matter (which would generally require some... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Arkansas on
Q: How do I get a no contact order lifted ( I'm the victim)& am I subject to punishment if I contact the defendant??

He was arrested on 3rd degree assault on a family member ( me)

Richard Lane Hughes
Richard Lane Hughes
answered on May 21, 2022

You should contact the accused's lawyer. Court action is required to set aside the no contact order. Usually, a judge will recall or set aside the order if the alleged victim requests that action. Many judges require some statement in open court from the alleged victim requesting that the... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: What do I do if I have been charged with misdemeanor theft of property an can't afford a attorney
Richard Lane Hughes
Richard Lane Hughes
answered on May 19, 2022

You should contact the public defender assigned to the court in which you are charged. Do that now. You will be asked some questions about income and assets to assure that you qualify for appointment of counsel. An interview with the defender prior to your court date will allow that attorney an... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: A friend loaned me there vehicle when I did not return it after 3 days the cops were called and I even had there keys
Richard Lane Hughes
Richard Lane Hughes
answered on May 18, 2022

When you are loaned property it is considered to be granting you a license to use the property. This license has limits. That distinguishes a loan from a gift. The rightful owner may cancel the license or loan. The fact that one possesses the property initially with the owner's permission does... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can I be charged with shoplifting if I never left the store?
Richard Lane Hughes
Richard Lane Hughes
answered on May 18, 2022

Yes. Concealing of merchandise while inside the store is sufficient to be charged with the offense. However, there may be a circumstance where "concealing" the merchandise was inadvertent or unknown to the accused. In that case, an accused may not have formed the requisite criminal intent... Read more »

1 Answer | Asked in Traffic Tickets for Arkansas on
Q: Can you make a left turn into a businesses parking lot when there is a line of traffic at a stop light??
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 10, 2022

Not enough context is in the post, but the answer of whether or not you can is yes. But there's more to your situation than what you have stated in your post.

1 Answer | Asked in Probate for Arkansas on
Q: I have had a separate maintenance agreement with my husband since 2007. When he dies what are my responsibilities?
Anthony M. Avery
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Anthony M. Avery
answered on Apr 26, 2022

If he dies with you still being his spouse, then you are a Heir and Next of Kin. No responsibilities, just rights as the surviving spouse.

1 Answer | Asked in Libel & Slander, Personal Injury and Civil Rights for Arkansas on
Q: am i entitled to compensation for being held in jail until trial charged with capital murder facing death penalty

& life without. happen 2017 released 2018 after trial.. lost everything paying lawyer, phone calls to parents & kids every other day, commissary etc. my life has not been the same.

W. Whitfield Hyman
W. Whitfield Hyman
answered on Apr 24, 2022

Possibly but the statute of limitations on lawsuits like that is typically 3 years. I’m unaware of a way to sue in Arkansas for something like this beyond the three year point. I’m not saying you can’t, I’m just saying I’m not aware of a way to do it. This is not legal advice you need to... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: I was convicted of a felony at age 18. I am now 39 is there any way to get it off of my record?

It’s a Y felony

W. Whitfield Hyman
W. Whitfield Hyman
answered on Apr 17, 2022

You can try to get a Governor’s Pardon. I charge $2,000.

1 Answer | Asked in Criminal Law for Arkansas on
Q: For possession on delivery of meth. With hx of probation violation. Will he be able to bond out. Should we get a lawyer

My bf has charges of possession controlled substance, possession on delivery, possession meth. He is on probation, but has not reported or paid in over a year. He is set for bond hearing on Monday.

Richard Lane Hughes
Richard Lane Hughes
answered on Apr 17, 2022

He is entitled to have a bond set pursuant to the Arkansas Constitution. The dollar amount of the bond or other conditions are set by the court after considering a number of things that include whether bf is a flight risk. His failure to observe the conditions of his probation will almost certainly... Read more »

1 Answer | Asked in Personal Injury, Health Care Law and Social Security for Arkansas on
Q: Hello I recently was kicked out of my sisters I retrieved everything but clothes and personal files from health records

Other then health records there is legal government and social security documents I’m being denied to is there something I can do to get those back it’s been a month since I been kicked out

Tim Akpinar
Tim Akpinar
answered on Apr 16, 2022

An Arkansas attorney could advise best, but your question remains open for two weeks. I'm sorry for your difficult situation. You could consult with a local attorney about options, but in these types of settings, there's no telling what happens to such records. Your first inexpensive... Read more »

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Arkansas on
Q: How to transfer land title ownership when owner passed 30 yrs prior without will and no probate in Arkansas

Hi my grandmother passed away back in 1993. My father her eldest son moved in her home and lived there for 24-25 yrs until his death in 2014. He never probated property due to being unable to locate her will. However, the whole time he lived on property he did perform upgrades by adding a pond and... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 11, 2022

You will need to hire an attorney to determine Heirship as the Heirs own the land a Tenants In Common. Then an Affidavit of Heirship will need to be recorded. And someone still needs to pay taxes.

1 Answer | Asked in Personal Injury and Car Accidents for Arkansas on
Q: My daughter was in a car accident with a friend while at her ex step dad's they got a lawyer without my consent

My ex and his wife have gotten a lawyer and have taken her to doctors without my consent or knowing, there lawyer hasn't asked nor called me nor has the insurance company they ha e no legal rights to her as I'm her mother and he isn't her bio dad nor step dad I don't know what... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 8, 2022

An Arkansas attorney could advise best, but your question remains open for two weeks. I'm sorry about your daughter's accident. I hope she is okay. There are a number of issues here, some relating to family law. I can only speak for the issues involving personal injury law.... Read more »

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