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Arkansas Questions & Answers
1 Answer | Asked in Criminal Law and Constitutional Law for Arkansas on
Q: I have also been harassed by a neighboring tenant when I am a property owner of 25 years. No investigation and dismissed

After 25 years a tenant moved in 5 years ago next door. They trespassed the very first night. It escalated to property damage. Then terroristic threatening. Along with criminal mischief and defamation. Because of my reaction to the lackadaisical type of treatment I was given I've been written... View More

James L. Arrasmith
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answered on Jan 27, 2024

I'm very sorry to hear about the horrible harassment you have endured from a neighbor for years without getting sufficient help from law enforcement. Your frustration is completely understandable. While the authorities dismissing your concerns is undoubtedly unfair, there may still be some... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Arkansas on
Q: Can I sue if my experience with my job overseeing a racially offensive comment and not hearing anything back from it?

1 year and 3 months ago I turned my manager in to hr for making a racially offensive comment and they said her manager took care of it but I just found out he new nothing of it. I cant stop thinking of it and when i do i just cry even now just typingAm I able to sue? Since they really didn't... View More

James L. Arrasmith
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answered on Jan 26, 2024

Based on the details provided, you may have a potential basis to pursue legal action against your employer for a racial discrimination and hostile work environment claim:

1. Your manager made an insensitive and offensive comment tying racial stereotypes to your birthday celebration plans....
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1 Answer | Asked in Criminal Law, Federal Crimes and Wrongful Death for Arkansas on
Q: Why is inciting someone to commit murder a class Y felony and murder a class A felony

In 2011 a sister called her brother because she was angry with her boyfriend and provided false information which angered the brother to the extent he took a handgun, drove to the sister & boyfriend's residence, lay in wait for the boyfriend and shot him in the chest. The brother was... View More

James L. Arrasmith
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answered on Jan 23, 2024

There are a few reasons why the sister in this case may not have been charged, even though inciting murder is generally a more serious felony than murder itself in Arkansas:

1. Evidentiary issues - While the sister allegedly provided false information that incited the shooting, proving that...
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1 Answer | Asked in Family Law and Real Estate Law for Arkansas on
Q: My mom passed recently. The deed to her property has my grandmother then my mother's name and her heirs. My grandmother

Added her in 2016. Now my grandmother wants me to sign some paperwork back to her.

James L. Arrasmith
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answered on Jan 22, 2024

If the deed to the property includes your mother's name "and her heirs," it suggests that upon your mother's passing, her share in the property would legally pass to her heirs, which likely includes you. Before signing any paperwork to transfer your interest in the property back... View More

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Arkansas on
Q: if three people are in a vehicle and are pulled over and arrestws because of what the officer says is the Blanket Law

There was one bag. The arresting officer took a picture and it weighed 5 grams, the state crime lab repot says one bag and weighed 4.16 grams. The person who had the drugs tried to hide them in the vehicle. Now in court the one person is being charged with 2< andthe other two are being charged... View More

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answered on Jan 22, 2024

In a situation where multiple people in a vehicle are charged under what's referred to as a "blanket law," it's essential to understand that such laws typically hold all occupants responsible for contraband found in a shared space. However, the specific charges and the weight... View More

1 Answer | Asked in Criminal Law, Communications Law and Federal Crimes for Arkansas on
Q: Is it legal to audio record yourself but you accidentally recorded person on phone while they inside when your outside

I was outside audio record apt balcony... occasionally I say something it my protection in case someone accused me later of saying whatever outside. I at first didn't realize my phone was audio while you can hear neighbor having conversations on phone I think. Then I was gonna go over and... View More

James L. Arrasmith
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answered on Jan 21, 2024

In general, recording a conversation in which you are an active participant, and it's reasonable to expect that you may be overheard by others, is usually legal under federal law and many state laws, including Arkansas. This is commonly known as "one-party consent."

However,...
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1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Arkansas on
Q: Do i have to get out of the car if they wont tell me why and they say im not detained?

cop came from nowhere..chased up behind me with another cop in 2nd car with them saying the stop was for fictisous tags originally. wasnt possible so then he says my air freshner. asks me and the 2 pass. for I.ds..told him my tags was good. gave reg. &told my name cuz left my i.d at home. came... View More

James L. Arrasmith
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answered on Jan 21, 2024

In Arkansas, during a traffic stop, a police officer typically has the authority to ask the driver and passengers to exit the vehicle. This is based on officer safety considerations. However, the reason for the traffic stop should be clear. In your case, if the reason for the stop was initially for... View More

1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Probate for Arkansas on
Q: How do I get my grandmother's will probated after 2 years because my family will not do it

There are a lot of details and it's because of the corruption in the town and my family members

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answered on Jan 14, 2024

To initiate the probate process for your grandmother's will after a delay, you can file a petition with the probate court in the county where your grandmother resided at the time of her passing. This action can be taken even if other family members are reluctant or refuse to do so.

In...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Arkansas on
Q: Can Public School deny my request with a court order in place on my children

In my divorce papers this states that I have first option before my ex-wife can find a care provider such as a babysitter daycare or a third party to watch the children. Which she must ask me first if I refuse then she may use outside sources. This falls under the claws in our divorce papers the... View More

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answered on Jan 13, 2024

In cases where there is a court order in place specifying the terms of custody and parenting time, including a "first to refuse" clause, the school should typically adhere to the terms outlined in the court order. However, schools may have their own policies and procedures, so it's... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Arkansas on
Q: I live in my ex mother-in-law's house. And we pay her for the utilities. And she got mad at me because I wouldn't

Pay my daughter's car payment and had my water shut off can she do that

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answered on Jan 12, 2024

In the United States, the legality of your situation depends on the terms of your living arrangement with your ex-mother-in-law. If you have a formal lease or rental agreement, it typically outlines the responsibilities for utility payments. If utilities are included in your rent, then the landlord... View More

1 Answer | Asked in Family Law for Arkansas on
Q: My niece lives with her mother in Oklahoma and is miserable, mother is emotionally abusive. My niece is wanting to move

To Arkansas to live with my wife and I and our children but won't be 18 until mid July. What can be done?

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answered on Jan 12, 2024

To address the situation where your niece wishes to move from Oklahoma to Arkansas due to alleged emotional abuse by her mother, it's essential to navigate the legal aspects carefully. Given that your niece won't turn 18 until mid-July, she is still a minor, and custody laws will likely... View More

1 Answer | Asked in Small Claims for Arkansas on
Q: In Arkansas, does a window installer have the legal right to withhold a suppliers name when a warranty issue is involved

We had windows installed and paid for that are defective. (Leaking Air) they refuse to tell me who the supplier is.

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answered on Jan 11, 2024

In Arkansas, a window installer typically does not have the legal right to withhold the supplier's name in the context of a warranty issue. If you have purchased windows that are defective and covered by a warranty, you are entitled to information about the supplier to address the issue. It is... View More

1 Answer | Asked in Adoption and Family Law for Arkansas on
Q: In the state of Arkansas, may a step dad adopt without the fathers consent if the father was never married to the mother

Also the biological father has not had anything to do with the children in 2 years.. financial or physical contact

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answered on Jan 11, 2024

In Arkansas, the ability of a stepfather to adopt a child without the biological father's consent can be influenced by several factors. Typically, if the biological father has not maintained contact or provided financial support for the children for a specified period, the court may be more... View More

1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: My father passed away in Texas, but had land in Arkansas. How do I get that land in our name? What form do we need?

My father passed away without a will. He was with someone for 30-years, but not technically married. The only surviving blood is my brother and I. Things have been great with his partner, and we agreed the Arkansas land would go to us. This went through probate in Texas and was approved (among... View More

Anthony M. Avery
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answered on Jan 11, 2024

If your Affidavit of Heirship is correct and recorded, then use it as the source of title for the deed grantors. Their title source is placed in the derivation of title clause, then executed by the grantor heir over to the heir who will own it in fee. Hire an AR attorney to draft and record... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Gov & Administrative Law for Arkansas on
Q: I had a vehicle stolen . It was recovered yesterday in a church parking lot in saline county, ar. I'm in Pulaski county.

Why do I have to pay 420 dollars for 1 day in impound when the officer told them it was recovered stolen vehicle.

James L. Arrasmith
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answered on Jan 10, 2024

In cases where a stolen vehicle is recovered and impounded, the impound fees are typically the responsibility of the vehicle owner. This policy might seem unfair, especially when you're already dealing with the stress of having your vehicle stolen, but it's a common practice.

The...
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1 Answer | Asked in Business Law, Gov & Administrative Law and Municipal Law for Arkansas on
Q: Can a church allow smoking if they are a private residence
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answered on Jan 8, 2024

In Arkansas, the rules regarding smoking in private residences, including those used as places of worship, are generally less restrictive compared to public spaces. If a church is also a private residence, the decision to allow smoking typically falls under the discretion of the property owner or... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: My daughter was able to exit the backseat of a police car after being left unattended for one hour in cuffs.

She exited to vomit. Right outside the vehicle. She was then pepper sprayed twice, and is now being charged with felony escape. Did any of the sixth officers on site have responsibility to maintain custody?

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answered on Jan 8, 2024

In the situation you described, there are several legal considerations to take into account. First, the charge of felony escape depends on specific circumstances, including the nature of the original arrest and the actions of your daughter while she was in police custody.

It is the...
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1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Arkansas on
Q: Are police allowed to ask my employer my name and they give it without my permission

They have harassed me for 2 years parking just outside my work area staring me down they drive slow past the door I'm just inside and outside of regularly staring at me. They have chased me into my work at a Goodwill store 3 or 4 times from anything like eating my lunch on the sidewalk outside... View More

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answered on Jan 6, 2024

In the United States, police generally have the authority to ask an employer for an employee's name, especially if it pertains to an investigation or a legal matter. Employers may choose to provide this information without the employee's consent. However, there are nuances depending on... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: The DOC put a letter out that stated that everyone on probation had to obey Arkansas state law and federal law and becau

So do we follow at. Law or federal law state law says we can use med.marij and probation says no because it fed law ?????? Witch do we do state or federal??

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answered on Jan 4, 2024

In the United States, there can be a conflict between state and federal laws, particularly regarding the use of medical marijuana. While some states have legalized medical marijuana, it remains illegal under federal law. For individuals on probation, this can create a complex situation.

If...
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1 Answer | Asked in Traffic Tickets for Arkansas on
Q: I was accused of speeding in a school zone. this is my 1st ticket for many years. I did not see a school, nor did I see

a speed sign. Other people were zooming around me. I had a tailgater on my bumper. The officer focused on me. This is not fair. Is this a jail sentance?

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answered on Jan 3, 2024

If you were accused of speeding in a school zone and received a ticket, the severity of the consequences depends on the specific circumstances and the laws in your jurisdiction. Typically, traffic violations, including speeding, result in fines, points on your driving record, and possibly an... View More

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