Arkansas Code Annotated § 5-71-218 specifically addresses the criminal offense of "possession of an open container containing alcohol in a motor vehicle." Since your question doesn't provide enough factual details to compare the situation to the statute, it is difficult to state... View More

Truthfully, there's no way to say with any level of certainty will happen to your cousin based on the limited information you provided. His criminal history (including whether or not he was on a suspended imposition of sentence for another crime for example, even if it was unrelated both... View More

Generally speaking, visitation and child punishment are entirely separate issues (though they may seem related). One public policy consideration is that, as a society, we don't want parents effectively penalized due to a child's bad behavior and we don't want child punishment... View More

It is entirely possible that the case(s) will be dropped (referred to by the legal term "nole prossed"). This often occurs when the alleged victim is uncooperative, there is a "mutual combat" situation, and/or other factors are considered (such as a medical diagnosis which... View More

Your question is unclear. Arkansas has the Revised Uniform Adoption Act and you should start by looking there. Arkansas Code Annotated § 9-9-215 fully explains the "effect of decree of adoption."

Specifically, A.C.A. § 9-9-215(a)(1) states in part that, "Except with... View More

Arkansas Code Annotated § 18-16-305 specifically addresses refunds of security deposits. Subsection a(2) specifically requires any damages which are subtracted from the security deposit must be itemized and delivered to you in accordance with the remainder of the statute within 60 days of... View More

I'm not getting why your vehicle was towed. And from private property. Here's the problem--you can go after the person responsible, but in the meantime your car is sitting racking up storage rates at a lot of dollars per day. I suggest you need to talk to the tow people, be very polite,... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 26, 2021

You might have to file an Action for a Partition Sale. Hire a competent AR attorney to prosecute this Action which will probably involve some service by publication. The taxes paid might be recovered as contributions, but do not count on it.

Do the children live in Arkansas? If so, would you like to schedule a phone consultation?

Regardless if the contact is welcomed or not, a no contact order is a court order forbidding one to contact a certain person. Typically, a Judge views contact as contact regardless of the circumstances. However, a capable defense attorney should be able to bring the circumstances to the attention... View More

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answered on May 19, 2021

Assets that were in the trust when she died pass according to the terms of the trust. Assets that were not in the trust pass according to the terms of the will using the probate process. What you seem to have is a partially unfounded trust, which is less than ideal because it does not completely... View More

Possibly. Outside of the parents being married when the child is born or going to court, paternity can also be established by signing an Affidavit Acknowledging Paternity, which is generally made available at the hospital when the child is born. If paternity has not been established by any other... View More

As is so often the case in legal matters, it depends. Arkansas law, like that of many states, takes the obligation to serve a responding party quite seriously, and failure to serve can be a basis for reversal on appeal. However, Arkansas’ appellate courts are also strict about the circumstances... View More

The question does not make clear whether you’re referring to a charge of being a felon in possession under federal law or Arkansas state law, but the standards for both are fairly similar. Whether in state or federal court, the prosecution would generally have to prove possession of the weapon... View More

Thanks and you cannot be fired simply for being a medical marijuana patient if you are in a position that hasn’t been designated as safety sensitive. In other words, if the type of job you do hasn’t been listed in writing as no medical marijuana because it is safety sensitive, an employer... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 6, 2021

From your facts, the property will not go through the Probated Will Estate, unless the mother owns an interest in the property at death. Hire a competent attorney to search the title and answer your question for certain.

Don't do it; it's a very bad idea on many levels. An Arkansas attorney could tell you about the vehicle and traffic law(s) you'd violate, but your question remains open for two weeks. It sounds like you're a young driver, but you'd subject yourselves and others to danger,... View More

This is something that an Arkansas attorney should advise you on, but your post remains open for a week. I'm sorry for your injury. If you had a spinal fusion surgery, that's a big ticket item, suggesting that there might have been a WC claim open at one time. A private insurer is not... View More

Thanks and yes you should speak to an employment law attorney. If you have a contract to work for $35 an hour the state law could be breached. Or, if the per diem is structured a certain way, it could mean that the company should not have paid you the lower amount of overtime. Speaking to an... View More

Just tell them to drop all of the charges or you will sue them.

Just kidding.