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Arkansas Questions & Answers
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?

James L. Arrasmith
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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

James L. Arrasmith
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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??

James L. Arrasmith
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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?

T. Augustus Claus
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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

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
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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

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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

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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
James L. Arrasmith
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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

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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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