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Arkansas Questions & Answers
1 Answer | Asked in Criminal Law for Arkansas on
Q: Can 2 cops come into my home and search it without a probation officer????? I have been harassed... Had guns pulled on m
T. Augustus Claus
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answered on Jan 3, 2024

In general, law enforcement officers typically need a search warrant to enter and search a person's home unless there are specific circumstances that justify a warrantless search, such as consent from the resident, exigent circumstances, or the presence of probable cause. If two police... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: Someone stole my car keys, storage key and lots of my personal and household items. Law in Arkansas
T. Augustus Claus
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answered on Jan 1, 2024

If someone has stolen your car keys, storage key, and personal belongings in Arkansas, you may want to take immediate action. In such a situation, it is advisable to report the theft to the local law enforcement agency. Provide them with all relevant details, including a list of stolen items and... View More

1 Answer | Asked in Personal Injury, Car Accidents and Civil Rights for Arkansas on
Q: I'm a black man and I was a guest at a casino hotel. On a previous stay I had come in a moving truck so after taking my

If I was denied valet service because of race what amendment does this violate and after this guy was sent to pick me up he hit me with the van when I tried to get in once in the van I ask what issues do you have with me you don't know me is this about race he stops and kicks me out of the... View More

James L. Arrasmith
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answered on Jan 1, 2024

Your experience at the casino hotel, particularly if it involved racial discrimination, could potentially be a violation of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race in public accommodations. Being denied valet service and the subsequent treatment you... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Arkansas on
Q: Can my mother in law tell me to pack my stuff and get off her property which is a house that she built for my wife and I

My wife and I have been married for 10 years. She built a house for her and I which I thought was put in my wife’s name but obviously not. So I got arrested for some charges that will all be thrown out but none the less she’s telling my wife she wants me and all my stuff home by December 31st.... View More

James L. Arrasmith
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answered on Jan 1, 2024

If the house you're living in is legally owned by your mother-in-law and not in your or your wife's name, she does have the right to ask you to leave. However, as a resident of the property, you are entitled to certain rights, including proper notice before being required to vacate the... View More

1 Answer | Asked in Contracts and Civil Litigation for Arkansas on
Q: I was served a summons and a complaint. I responded and filed with court and gave Plaintiff attorney copy.

Three months later Plaintiff attorney filed Request for admissions via E-flexed with court. He Certified he also E-Flexed me. I am not attorney and have no way to receive an E-Flex. Then three months later I received a copy of request for admissions, request for summary judgment and brief in... View More

James L. Arrasmith
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answered on Jan 1, 2024

In this situation, it's essential to respond accurately and timely to the request for admissions and the motion for summary judgment. Do not admit to any statements you believe are incorrect. If the admissions contain false or inaccurate statements, you should specifically deny those... View More

1 Answer | Asked in Employment Law and Civil Litigation for Arkansas on
Q: if i am calling to get documents that i didnt receive how can that be harassment communication?

i was told i failed a drug test ,i called my employer and asked for the lab report which im entitled too per Fmcsa regulation, a agent from the fmcsa even sent my employer the regulation. i was told that they sent it in oct 2021 i never got. a year later i found out the test was never sent to the... View More

James L. Arrasmith
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answered on Jan 1, 2024

In Arkansas, harassment communication is typically defined as any communication intended to harass, annoy, or cause alarm. However, requesting documents you're entitled to, such as a lab report for a drug test, should not constitute harassment if done reasonably and in accordance with your... View More

1 Answer | Asked in Child Custody and Family Law for Arkansas on
Q: I have custody of my 7 year old and her father has not seen or even tried to see her in 2 years. What can I do to get hi

We are divorced

James L. Arrasmith
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answered on Dec 31, 2023

In Arkansas, if the father of your child has not been involved for two years, you have several options, depending on what you wish to achieve. If your goal is to encourage the father to be more involved in your child's life, you might consider reaching out to him directly or through a mediator... View More

1 Answer | Asked in Civil Rights, Criminal Law, Libel & Slander and Personal Injury for Arkansas on
Q: If county police refuse to investigate harrassment by person who has already assaulted me in past what can I do

My ssn was on previous report I made when investigating. nco order violations. Which has caused issues ever since. nothing has been done and years of abuse

James L. Arrasmith
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answered on Dec 24, 2023

If you're facing a situation where local law enforcement is not investigating harassment by someone who has previously assaulted you, there are several steps you can take.

First, consider filing a formal complaint with the police department regarding the lack of investigation. This...
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1 Answer | Asked in Personal Injury, Criminal Law and Civil Rights for Arkansas on
Q: What is harassment or stocking? What can I do if this person has already caused an injury in the past

I was injured. We both charged w DOC due to crappy lawyer and prosecutor charges were all dismissed. County will not help me things keep on

Now she is calling me on my social media driving by my home. I’ve been sent magazines in crazy name including my own. Had been nonstop

James L. Arrasmith
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answered on Dec 23, 2023

In Arkansas, harassment and stalking are serious offenses. Harassment generally involves engaging in conduct directed at a specific person that causes substantial emotional distress and serves no legitimate purpose. Stalking typically refers to engaging in a course of conduct that causes someone to... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Arkansas on
Q: Can I be charged DOMESTIC BATTERY 2ND DEGREE by police department even tho the victim didn't try press charges

The police made there own story up. She bruises easy and she hurt her arm from falling over night stand I was just taking her to hospital and they came and got me on old warrant

James L. Arrasmith
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answered on Dec 23, 2023

In Arkansas, you can be charged with domestic battery second degree by law enforcement even if the alleged victim does not press charges. This is because the decision to file charges in a domestic battery case is often made by the state, not the victim.

Law enforcement officials can use...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Arkansas on
Q: What is the statute of limitations for absconding in Arkansas
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answered on Dec 20, 2023

In Arkansas, the statute of limitations for absconding, which typically falls under the category of parole or probation violations, doesn't follow the usual rules for most criminal offenses. Normally, a statute of limitations sets a time limit for the state to begin criminal prosecution.... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Arkansas on
Q: My husband's 2nd domestic within 5 years can he sit my stuff outside and move a woman in OP filed.

I filed an order of protection and pressed charges for him slapping me and slamming the door shut on me when I tried to go in to get my things but he has a woman living there who threatened to beat me up. Everything I own is in there how likely is it that the order of protection will be signed by a... View More

Todd B. Kotler
Todd B. Kotler
answered on Dec 18, 2023

The Court can give you a temporary order of protection if s/he finds that:

You are in immediate and present danger of domestic abuse; or

That the respondent (the abuser) is scheduled to be released from prison within 30 days, and there will be an immediate and present danger of...
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1 Answer | Asked in Criminal Law and Constitutional Law for Arkansas on
Q: Am I going to have to stay in jail until I see a judge if I turn myself in on terroristic threatening warrant

It's showing it to be second degree class A misdemeanor

James L. Arrasmith
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answered on Dec 14, 2023

If you have an outstanding warrant for a second-degree terroristic threatening charge in Arkansas, turning yourself in is a significant decision that can impact the legal process. Whether you will have to stay in jail until you see a judge depends on several factors.

Typically, after...
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1 Answer | Asked in Family Law, Civil Litigation, Constitutional Law and Probate for Arkansas on
Q: I have a question about my property being released to estranged family, while my truck impounded.

A wealthy family that did not live local had grandsons care for their father. The grandfather gave my husband guns and jewelry that he said his daughters were not getting it this time because they stole all their mothers belongings when he remarried soon after her death. The items in question were... View More

James L. Arrasmith
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answered on Dec 4, 2023

In your situation, where property from an impounded vehicle was released to an executor and then allegedly distributed in violation of a court order, there are a few legal avenues you could explore. First, it's important to review the judge's order regarding the release of property. If... View More

1 Answer | Asked in Traffic Tickets for Arkansas on
Q: In traffic court do you have to have an accuser present in court ???

Like if the arresting officer is not present in court , can the case be thrown out ???

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 1, 2023

Can it? Yes. Will it? Well, the prosecution has to meet its burden of proof and if he is able to do that without the arresting officer, then he will proceed with his case in court-----or he may aask the Judge to continue the trial date to another date so that he can get the arresting officer to... View More

1 Answer | Asked in Tax Law for Arkansas on
Q: 2018 tax law? Gambling winnings in 2018. I paid Arkansas State taxes. Was I required to pay Oklahoma? 2018 OK. Tax law?

My tax professional told me the law in 2018 did not require me to pay oklahoma. Now he says they've made the law retroactive. Is that constitutional?

James L. Arrasmith
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answered on Dec 1, 2023

In 2018, the tax laws regarding gambling winnings varied by state. If you won the gambling income in Oklahoma, the state laws at that time would determine your tax obligations there. Generally, states tax income earned within their borders, including gambling winnings.

If your tax...
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1 Answer | Asked in Traffic Tickets for Arkansas on
Q: If I receive a ticket in Arkansas and never sign the ticket, but he signs it. Do I pay the ticket or does he? “Commerce”

“Ticket in commerce”

James L. Arrasmith
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answered on Nov 30, 2023

In Arkansas, if you receive a traffic ticket, the responsibility for paying the ticket typically rests with you, the recipient of the ticket. The officer's signature on the ticket is part of the process of issuing the ticket, while your signature is generally not a requirement for the ticket... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Arkansas on
Q: when a attorney files a Witt of possession at the courthouse, how does the sheriff's office get a copy to be delivered

this was filed on the 14th and I have been waiting so I can go get my belongings from the person that broke all of the laws to gain possession of my personal belongings which were in my own residence?

T. Augustus Claus
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answered on Nov 21, 2023

Once a writ of possession is filed with the court, it is the responsibility of the plaintiff's attorney to serve the writ on the defendant. This means that the attorney must deliver a copy of the writ to the defendant, either in person or by mail. The attorney must also file a proof of service... View More

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: How does the court appointed administrator for an estate get paid? Does it come out of estate money?

I am the general administrator but the judge is hiring an estate administrator. Does the appointed lawyer get paid by the state or the decedent's estate?

James L. Arrasmith
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answered on Nov 18, 2023

In Arkansas, when a court appoints an estate administrator, typically a lawyer, their compensation is usually paid out of the estate's funds. This means that the payment for their services comes from the assets within the deceased's estate, not from the state.

The amount an...
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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Criminal Law for Arkansas on
Q: Can I move into an abandoned property?
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answered on Nov 17, 2023

In Arkansas, moving into an abandoned property without permission is not typically legal. This action could be considered trespassing or squatting, which are illegal. To legally occupy an abandoned property, you would need to gain ownership through legal means, such as purchasing the property or... View More

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