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Arkansas Questions & Answers
1 Answer | Asked in Employment Law for Arkansas on
Q: My job refuses to listen to me and properly accommodate me for my disability. They want to move me to a lower paying.

They want to move me to a lower paying job instead of giveing me the tools to do my job. What are my legal rights?

Chris W. Burks
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Chris W. Burks
answered on Sep 22, 2021

Thanks and you should speak with an employment law attorney. They can likely tell you if the accommodation you seek is reasonable, and if your situation is covered by the law.

The law that likely applies is the Americans with Disabilities Act, called the ADA, protects against disability...
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3 Answers | Asked in Employment Law for Arkansas on
Q: My job makes us clock in and go to the floor to work 15 minutes early but no pay is issued for the time. Is that legal

I work in a factory with 12 hr shifts from 5:30 to 5:30. Employees are allowed to clock in up to 30 minutes early. My department is required to go to the floor and relieve the other shift and start working at 5:15 . In pursuant of being compensated accordingly, I refused to show up early and not... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 22, 2021

Employees must be compensated for all time they work, but employers are permitted to mandate early arrivals, late departures, or otherwise change your schedule as long as you are paid for it. In this situation, your employer is permitted to ask you to begin work at 5:15 instead of 5:30 assuming the... View More

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1 Answer | Asked in Contracts, Criminal Law, Civil Rights and Communications Law for Arkansas on
Q: what do you need to become a lawyer?

what is all the steps to becoming a lawyer

W. Whitfield Hyman
W. Whitfield Hyman
answered on Sep 21, 2021

1. Graduate High School or earn a GED.

2. Earn a bachelor’s degree in anything from a college. Takes about 4 years.

3. Take the LSAT while in college (maybe they allow other tests now I’m not sure).

4. Complete law school (3 years).

5. Pass the bar exam in the...
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1 Answer | Asked in Contracts, Education Law and Employment Law for Arkansas on
Q: Can a school district prevent you from teaching for the next school year if you request release from your contract?

I had signed my contract in May after the district said they would take it as a resignation for anyone that did not turn in a signed contract by the end of May 2021. I have kids to support so out of fear of unemployment I signed the contract. There were teachers resigning left and right. The... View More

Chris W. Burks
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Chris W. Burks
answered on Sep 20, 2021

Thanks and you should speak to an Arkansas employment and education law attorney. The Arkansas Teacher Fair Dismissal Act does provide some protections to teachers, and many districts will release teachers from their contracts under circumstances similar to the ones you identified. By working... View More

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: Our rent money went into the Landlords bank but to another persons account, now they want to kick us out?

We paid our rent and it went into another persons account and we don't understand why they served us papers saying we have to pay more then what are rent is or we are going to be getting evicted in 5 days but we paid our rent and we have the proof! Is that legal for them to do that?

Dustin A. Duke
Dustin A. Duke
answered on Sep 15, 2021

More information is needed to fully answer your question. However, if you have been served with legal papers (a complaint, summons, and notice of intent to issue writ of possession) it is important that you file a timely objection before the five day period runs. Your objection must be filed with... View More

1 Answer | Asked in Real Estate Law for Arkansas on
Q: I want to sell my ten acre portion of co owned 30 acres
Anthony M. Avery
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answered on Sep 13, 2021

I doubt you have a portion of 30 acres owned with other tenants in common. Hire a competent AR attorney to search the title to determine what exactly you own. Then file an action for Partition if the others will not agree to sell or buy you out.

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: My landlord came in lastnite kicked me out due to having a male visitor present. Is this legal?

My landlord and I had a sexual relationship soon after me moving in.. He told me I wasn't allowed to have male visitors altho I was paying my rent and my own bills..I had ended it with him bc I could tell him no but he didn't care he still did what he wanted with me..he came in and... View More

Dustin A. Duke
Dustin A. Duke
answered on Sep 11, 2021

No, your landlord's actions are not legal. He cannot forcibly remove you from your leased premises under any circumstance (even if he had a right to legally evict you). He would have to use the court's to have you legally evicted. Further, his actions regarding your relationship and... View More

1 Answer | Asked in Traffic Tickets and Car Accidents for Arkansas on
Q: I was in a car accident. I wasn't in the wrong but I still got a citation

And we didn't exchange insurance information. They pulled her car and mines

Tim Akpinar
Tim Akpinar
answered on Sep 10, 2021

An Arkansas attorney should advise here, but your post remains open for two weeks. At the very least, if you haven't already, you could consider a consult with a traffic ticket defense attorney.

There's a lot to sort out here - What was the citation for? Are there plausible...
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1 Answer | Asked in Civil Rights, Collections and Landlord - Tenant for Arkansas on
Q: If you signed a 12 month lease, and at the end of the 12 months you moved completely out and notified your landlord the

Last day of your contract that you are not going to sign another lease, can they still penalize you? What’s the point of signing a contract for X amount of months if you have to tell them that you were going to terminate the lease on the day that you already signed and agreed to terminate the lease?

Dustin A. Duke
Dustin A. Duke
answered on Sep 2, 2021

It depends on what your lease says. If the lease is silent as to any notice requirements before moving out, you are perfectly within your rights to move out the last day of the lease and are under no further obligation to your landlord. However, if the lease requires a notice prior to moving out,... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: My son was arrested and booked under wrong name at no fault of his... In Arkansas can we get charges dropped because of

He's charged with 3 misdemeanor if that matters any

Degen Clow
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Degen Clow
answered on Sep 2, 2021

It is specific to the facts of his case. If the officers intended to arrest him and subsequently input the wrong information into the booking system, that will not be enough to get the charges dismissed by itself. However, if he was the wrong person and should never have been arrested, then... View More

2 Answers | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: Is it a crime to drive with loaded guns without a permit
Degen Clow
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Degen Clow
answered on Sep 2, 2021

The Attorney General has provided a position statement regarding caring firearms in Arkansas. I have attached the link: https://arkansasag.gov/wp-content/uploads/2015-064-1.pdf

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1 Answer | Asked in Criminal Law for Arkansas on
Q: If I was caught with 56 grams of meth but none of the factors for purpose to deliver can they still charge me with it
Degen Clow
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Degen Clow
answered on Sep 2, 2021

You can always be charged, but whether the state can meet the factors required to convict you of possession with purpose is a different story. The statute contains very specific factors and their is a lot of case law that governs this area of the law. An experienced criminal defense attorney can... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: How long before I can get a real job with a theft of property with a felony charge I believe its a C felony?

I worked in a daycare passed a background and also am now working with a retailer that also did a background but now im looking at a better opportunity but I was curious if this charge could get in my way?

Degen Clow
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Degen Clow
answered on Sep 2, 2021

If you have completed all the terms of your sentence (done with probation, paid all fines, etc...) then you have the ability to seal the charge so it will not show up and hurt your job opportunities. You should talk with an experienced Criminal Defense Attorney and they can evaluate your ability... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: What is the likely hood of doing prison time for a 2nd degree battery and being a 1St time offender
Degen Clow
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Degen Clow
answered on Sep 2, 2021

This ultimately depends on the facts of the case, the court you are in and the prosecutor handling the case. However, in general, with the help of a good lawyer you should be able to avoid doing prison time.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Arkansas on
Q: is it legal for an officer to bring out k9 on my vehicle over a traffic violation and no warrant or probrital cause

they stopped me originally over a tag lights being out and immediately started wanting to search my vehicle for no reason wat so ever

W. Whitfield Hyman
W. Whitfield Hyman
answered on Aug 27, 2021

They have to have reasonable suspicion to ruin the dog or they have to have another person running the dog while they continue writing you a traffic ticket

1 Answer | Asked in Probate for Arkansas on
Q: Parents died and left a home. There is not a will. We pay taxes on the home. Do we have to go to probate court?

We need to insure the house but there is no legal owner. How can we gain ownership of home?

Anthony M. Avery
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answered on Aug 26, 2021

If the Parents actually owned the property, then one or both Parents' Heirs At Law own the property now. Hire a competent attorney to search the title and draft/execute an Affidavit of Heirship. When recorded that will be the heirs' source of title.

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for Arkansas on
Q: If a couple bought a house 34 years ago and husband died 33 years ago. The wife never remarried. Is it her house?

The husband did not have a will. And it never went through probate. But she never took his name off of the house. The wife recently died with one surviving son, who has and was living in the house for 27 out of 34 years. And now the husband's children want there part of the house. She also... View More

Anthony M. Avery
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answered on Aug 17, 2021

More than likely the wife took the fee as the surviving tenant by the entirety, which would mean her heirs own it as tenants in common. But it all depends on what estate was created when they purchased it. Hire a competent AR attorney to search the title.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: If my neighbor has an ingress egress easement on my property, does that give them the right to park in the easement?

Also, if I have an ingress egress easement across their property line that runs the same length and width of the one on my property, but my easement is encroached on the entire length of the easement is that grounds to have the easement removed?

Anthony M. Avery
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answered on Aug 16, 2021

Yes. No. You need to talk to a competent attorney. Searching both Titles may help as the Easements need to be closely examined as they may not be enforceable.

2 Answers | Asked in Estate Planning and Probate for Arkansas on
Q: Wife not beneficiary on husbands ESOP, can she challenge it?

My mother isn't listed as a beneficiary on my deceased father's ESOP, as stated by the company. Before he passed he told her that she was over everything. The company has not been very straightforward with us and she wants to try to challenge the beneficiary designation.Is there a certain... View More

Dustin A. Duke
Dustin A. Duke
answered on Aug 8, 2021

More information is needed in order to fully answer your question. However, if there is no beneficiary listed on the account, and the company has no policy to the contrary, then the assets would go into your father's probate estate and would need to be probated before they can be distributed... View More

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1 Answer | Asked in Adoption, Child Custody and Family Law for Arkansas on
Q: Can I adopt my granddaughter that I have full permanent court ordered custody of and what do I have to do?

I had temporary custody for a couple months and then was given permanent by a judge. I have had custody almost 5 years now.

Dustin A. Duke
Dustin A. Duke
answered on Aug 7, 2021

It would depend on the facts of your case. Was the custody order out of a juvenile case? Were the parents awarded any visitation? Have they been visiting with your granddaughter? Have they been paying you child support? If the parents haven't had any relationship with your granddaughter... View More

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