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Arkansas Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Arkansas on
Q: The governor of Arkansas made it illegal for businesses to require vaccine for employment Tyson is now firing if you

Don’t get it by November1 Is this legal

Chris W. Burks
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Chris W. Burks
answered on Aug 4, 2021

Thanks and what Tyson and many other companies are doing is likely legal in my view. Speaking broadly, Federal law allows companies to set general policies for the safe operation of the company. These general policies can include a vaccination or masking requirement. As long as these general... View More

1 Answer | Asked in Patents (Intellectual Property) for Arkansas on
Q: If my boyfriend is 16 and I’m 18 and his mom doesn’t want us to be together but he still wants to be can she do anything
Kevin E. Flynn
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Kevin E. Flynn
answered on Jul 29, 2021

You sent this question out to paTents (inventions). There is not a category for paRents.

You may want to repost this under family law.

Kevin E Flynn

1 Answer | Asked in Employment Law for Arkansas on
Q: If if I've had a forgery conviction in 2008 does that disqualify me from being a CNA

If I have a forgery offense in 2008 does that disqualify me from becoming a certified nursing assistant

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 27, 2021

There is no law or rule that would disqualify you from being hired as a CNA on this basis. However, employers can adopt policies where applicants with criminal records are rejected. Unfortunately, there is also no law or rule that prevents employers from doing this.

1 Answer | Asked in Estate Planning for Arkansas on
Q: Is it legal for an agent of a poa to transfer the principals real estate or personal property into his or her own name.
Theodore David Vicknair Sr.
Theodore David Vicknair Sr.
answered on Jul 22, 2021

I think this will depend on two things. First, whether the law of your state (Arkansas) permits this in certain cases, and Second, whether the POA specifically permits this.

In my state of Louisiana, it specifically states that "self-serving gifts" must be specifically allowed...
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2 Answers | Asked in Estate Planning and Health Care Law for Arkansas on
Q: If a power of attorney is only good for financials in my state what do I need for healthcare decisions?

I’m an only child and my mother is widowed/not remarried. She is a type 2 diabetic with chronic related health issues due to noncompliance with her meds and eating habits.

Theodore David Vicknair Sr.
Theodore David Vicknair Sr.
answered on Jul 18, 2021

A "Health-Care Power of Attorney" is what you need and it is specifically authorized in statute by most states. It should be HIPAA compliant, and cover any and all medical prodedures and contingencies.

A "Health Care Directive" or "Living Will" is a narrower...
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1 Answer | Asked in Real Estate Law for Arkansas on
Q: My grandmother owned her house, in her name only,passed away. Do we need a lawyer to get a deed written?

My mom was her power of attorney before she passed, she didn't have a written will but had verbally said the house would be mine when she passed. Can we write a deed on our own?

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 14, 2021

The Heirs At Law own the property as Tenants In Common. All Heirs must be Grantors on the proposed Deed. You may need an attorney to determine heirship.

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Libel & Slander for Arkansas on
Q: Is it unlawful for city workers to park a vehicle on the left side of the road on a highway and impede traffic?

This was on a bridge were the left lane shoulder was not wide enough to the vehicle to be completely out of the left lane. There is a large shoulder lane on the right side of the road. There were also no signs indicating workers were present. This cause traffic to come to a complete stop on the... View More

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2021

An Arkansas attorney could advise best, but your question remains open for a week. As a general matter, something like that could possibly violate local vehicle and traffic/public safety regulations. But municipal vehicles also enjoy more leeway than ordinary vehicles in terms of performing... View More

1 Answer | Asked in Products Liability for Arkansas on
Q: Who do I contact? I am in Arkansas
Peter N. Munsing
Peter N. Munsing
answered on Jul 7, 2021

In regard to what? If it's a defective product, contact a member of the

Arkansas Trial Lawyers Assn who handles products cases--they give free consults.

1 Answer | Asked in Traffic Tickets for Arkansas on
Q: I got cited for pedestrians crossing at other than crosswalk yesterday, its my first offense,and I'm not sure what to do

I was running across the street to my motel, this car waved me to go across because it was clear, another car that happen to be texting and driving slammed on their brake to late and clashed with the car that waved me to go across, and due to property damage I have to go to court. Its my first... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 5, 2021

This sounds like something you should fight and if you do so, then you should hire a traffic ticket attorney to represent him and wade through this. Use the Find a Lawyer tab and search for criminal defense or traffic ticket attorneys in your area-----some will provide a free initial... View More

1 Answer | Asked in Employment Law for Arkansas on
Q: Terminated while hospitalized.

My brother is a 72 y/o male, he had a collapsed lung the last part of April this year and was of work for a week, Ihe had another collapsed lung June 11th and was in ICU for about 6 days then in a regular room 7 days and now in rehab to learn to walk again, His employer called me (I was staying... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 29, 2021

More information is needed, as this will depend on what your brother's job is and what his essential job functions are, as well as how long he is expected to remain off work while undergoing rehab. Under the Americans with Disabilities Act, disabled employees are permitted to request... View More

1 Answer | Asked in Car Accidents for Arkansas on
Q: Can an insurance company refuse to pay for new parts on a vehicle that was not at fault in an accident?
Peter N. Munsing
Peter N. Munsing
answered on Jun 23, 2021

I am not an Arkansas attorney but most states state which parts must be new & /or o.e.m. and which may be Grade 1 used. However if they approved the build/estimate then they should pay it.

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: Must I provide id upon request
W. Whitfield Hyman
W. Whitfield Hyman
answered on Jun 23, 2021

Not unless there believe you’re a witness to a crime or have reasonable suspicion to believe you have committed a crime.

1 Answer | Asked in Criminal Law, Insurance Bad Faith and Insurance Defense for Arkansas on
Q: Should I plead guilty or not guilty to insurance fraud? Class D felony first time offender can't afford a attorney

Basically I got In a wreck a while back (was not at fault) and bought an insurance claim right after I got out of the car. The insurance investigator asked and I lied and said it was before. No money was ever given to me nor was the car fixed and I was making a statement that I wasn't trying... View More

Richard Lane Hughes
Richard Lane Hughes
answered on Jun 19, 2021

I don't know if I completely understand the facts of your case. However, that alone is a reason for you to have an attorney. That is, to help you communicate with the prosecutor as well as the court.

Plead not guilty and advise the court that you cannot afford an attorney. You are...
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1 Answer | Asked in Immigration Law for Arkansas on
Q: Hi I'm on J1 waiver Job( which is conditional for 3 years). I'm married to us citizen. Can I apply for marriage based GC

during the final year of my waiver or do I have to wait to finish the waiver?

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 18, 2021

Depends on what J1 visa you have. Some are subject to the two-year home residence requirements, where you have to return home for a two year period. If you do not have this condition, then most likely you can adjust status after marriage, as you entered the country with legal permission. However as... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: Can a prosecutor be a public defender in the state of Arkansas?
Richard Lane Hughes
Richard Lane Hughes
answered on Jun 18, 2021

I believe that the short answer is yes.

There may be several reasons that a lawyer should not act in both capacities. But, without additional facts, I see no clear ethical prohibition.

Also, I am presuming that you are not asking about a situation in which a lawyer would wear both...
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1 Answer | Asked in Business Law, Civil Litigation and Gov & Administrative Law for Arkansas on
Q: what to do when the hearing officer makes false statements in the FINDING OF FACTS.

I have all the proof that he/she stated false facts. I also have the audio recording .

Peter N. Munsing
Peter N. Munsing
answered on Jun 17, 2021

You make an appeal. You may think all facts are absolute. But often what we think are "facts" are either a combination of facts and the conclusions we draw from them--and conclusions are always subject to argument.

Even judges have been known to make errors as to what the...
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1 Answer | Asked in Bankruptcy for Arkansas on
Q: Can you file bankruptcy on a home equity line of credit?????
Timothy Denison
Timothy Denison
answered on Jun 17, 2021

Yes, but it is likely secured by your home.

2 Answers | Asked in Immigration Law for Arkansas on
Q: It's been almost 7 weeks that I mailed the form I-485, I have not yet received the receipt notice of I-485 though

I am married to a U.S. citizen, It's been almost 7 weeks that I have mailed the form I-485, but I have not yet received the receipt notice of I-485. Is this normal?

Agnes Jury
Agnes Jury
answered on Jun 17, 2021

It depends on where you mailed your application but some places are taking 6-8 weeks to send receipt notices. Hopefully you mailed your application with tracking or proof of delivery so you are sure that it got there. If you don't get anything from USCIS within 12 weeks I would recommend... View More

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1 Answer | Asked in Employment Law for Arkansas on
Q: My employer owes me back wages for 2020 & 2021 amounting to 43,000.00. How can I collect some or all of this
Chris W. Burks
PREMIUM
Chris W. Burks
answered on Jun 14, 2021

Thank you and both federal and state law protect employees who are owed wages. Arkansas contract law provides protections for employees who may be owed money under an employment contract.

Also, Arkansas state law reads that if an employee is discharged, the employer is required to pay...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Arkansas on
Q: If I have a warrant from county (a) & have an upcoming court date for county (b) can (b) hold me for(a)2come get me
Joshua W. Bugeja
Joshua W. Bugeja
answered on Jun 4, 2021

As a general rule of thumb, yes, the court for one county can serve the warrant for the other and arrest you (to allow the transfer). It does make a difference if the warrant was from another state though since many states, including Arkansas, often don't arrest individuals appearing in their... View More

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