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Arkansas Questions & Answers
1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Constitutional Law for Arkansas on
Q: What type of attorney for a case that the police shot and killed my mom's dog that was on a lead line in his own yard?

Just for clarification, the cops were called on a completely unrelated matter (property line dispute) which had nothing to do with Otis Brown (her dog). They had been on scene about 30 mins before they shot her dog. They even took/seized his dead body! My Mom did file a report but apparently it... View More

James L. Arrasmith
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answered on Aug 31, 2024

To pursue justice for your mom, you might want to look for an attorney experienced in civil rights law, specifically one who has handled cases involving police misconduct. The shooting of your mom’s dog, especially while it was on a lead line in its own yard, could potentially be a violation of... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Arkansas on
Q: If I was set up by police what do I do?

Original charge of PI that's why I let them deep pocket search me they said it was too see if there was anything needing to stay in my car bc I would be back in 6 hours. I can't say 100% but I believe I had left the tiny tiny baggie in my car. I didn't need it. Was 4 days clean... View More

James L. Arrasmith
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answered on Aug 5, 2024

If you believe you were set up by the police, it's important to take immediate steps to protect your rights and build your defense. First, document everything you remember about the incident in as much detail as possible. This includes the sequence of events, names and badge numbers of the... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: Can someone put up a gate to keep people out of a levee which uses tax payers money to maintain.

The person who put the gate up leased some of the land around the levee. The gate is locked and they have the only access key .

James L. Arrasmith
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answered on Jul 28, 2024

If the levee is maintained with taxpayer money, it's generally considered public property. Blocking access to a public levee with a gate, especially if only one person holds the key, is likely not allowed. The person who leased the land may have rights over the leased area, but not the public... View More

1 Answer | Asked in Civil Rights for Arkansas on
Q: I was stopped walking in to check in my hotel, & illegally searched & he found some contraband and arrested me.

He then searched my car and towed it. He had no probable cause as I had just left my church from a funeral, and they gave us a donation to get the hotel because my house burned down. It was not a traffic stop, and everything we didn't lose in the fire is in the car at the tow yard, we were... View More

James L. Arrasmith
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answered on Jul 28, 2024

First, you need to understand your rights. If the officer did not have probable cause or a warrant to search you or your car, the search might be considered illegal. Without a legal reason, any evidence found during such a search may be inadmissible in court.

You should contact a lawyer...
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1 Answer | Asked in Civil Rights for Arkansas on
Q: Questions on sacred plant medicines and the RFRA

Hello,I am a member of the Church of the Sacred Plants, seeking a religious exemption to use psychedelic mushrooms under the Religious Freedom Restoration Act (RFRA). Our church has defined beliefs, rituals, and ethical practices centered on the spiritual and healing properties of sacred plants.In... View More

James L. Arrasmith
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answered on Jul 28, 2024

To proceed with your request for a religious exemption under the RFRA, start by thoroughly documenting your church's beliefs, rituals, and ethical practices related to the use of psychedelic mushrooms. Clearly articulate how these practices are central to your spiritual and healing traditions.... View More

1 Answer | Asked in Child Custody, Civil Rights, Domestic Violence and Government Contracts for Arkansas on
Q: I'm facing prosecution at any time for a debt that was accumulated and put upon me under the color of law.

There is a account that was to be divided that would of paid the made up debt placed on me only and I've taken legal route to have the money released to pay the debt, the government official refuses to sigh the form to have the money released to the state

James L. Arrasmith
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answered on Jul 28, 2024

It sounds like you’re in a tough situation, dealing with both a significant debt and uncooperative government officials. It's important to continue pursuing all available legal avenues to get the money released. If the account in question is legally supposed to be divided to pay off the... View More

1 Answer | Asked in Civil Rights for Arkansas on
Q: I'm being charged with theft of property after said dog owners said they not want him back

I sold a puppy and the owners had him for 19-20 days. It had a seizure a few hours after me giving him his shot. I told them I'll take back puppy and refund your money the next day. They called and changed their mind and said they keep him. He had another one 19- days later. I took him to my... View More

James L. Arrasmith
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answered on Jul 27, 2024

Dealing with a charge of theft of property under these circumstances can be frustrating and stressful. The key points you should focus on are the documented communications and the veterinary evidence you have. Your text messages where the owners stated they did not want the puppy back are crucial,... View More

1 Answer | Asked in Civil Rights for Arkansas on
Q: Can a police officer point a gun at a minor?

My son and his friend pulled up to a house and the police officer pointed a gun in his face and told him to put his f****** hands on the dash.

James L. Arrasmith
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answered on Jul 27, 2024

It's incredibly distressing to hear about your son's experience. In general, police officers are expected to follow strict guidelines and procedures when interacting with the public, especially minors. Pointing a gun at a minor can be considered excessive force unless there is an... View More

1 Answer | Asked in Estate Planning and Elder Law for Arkansas on
Q: To add a name to a deed via quitclaim in Arkansas, is the grantor also listed as a grantee along with the added person?

Adding adult child to property

Anthony M. Avery
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answered on Jul 18, 2024

Hire an AR attorney to draft the deed. Your answer could be yes or no as it depends on what type of estates are created by the transfer.

1 Answer | Asked in Trademark for Arkansas on
Q: Would it be illegal to use a trademark of someones to name your own foundation?

xx has had the phrase "It'll Buff" trademarked since 2019. I was just wondering if it would be illegal for me to name a foundation "It'll Buff" the Trenton Barger Foundation in remembrance of my 15 year old son who was killed by a POS who was driving a commercial motor... View More

James L. Arrasmith
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answered on Jul 18, 2024

Using a trademarked phrase for your foundation's name can be legally complicated. Trademark law is designed to prevent confusion in the marketplace by ensuring that consumers know the source of goods or services. If "It'll Buff" is already trademarked, using the same phrase... View More

1 Answer | Asked in Criminal Law for Arkansas on
Q: What happens at felony probation revocation. The 1st time.No new crime committed.But for failed drug tests& behind fine

I failed a few drug tests and I'm behind on my fine payments. So my probation officer put in a request for revocation of my probation.

Degen Clow
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Degen Clow
answered on Jul 16, 2024

Completely depends on what court you are in. Contact a criminal defense attorney and they will be happy to speak with you about the case.

1 Answer | Asked in Child Custody, Child Support and Family Law for Arkansas on
Q: Judge court ordered father to amend birth certificate.he did not so how can he still receive child support payments
John Michael Frick
John Michael Frick
answered on Jul 11, 2024

Typically child support obligations are not conditionally tied to other obligations of a parent. The child support obligation to the father is independent of the father's obligation to amend the birth certificate.

1 Answer | Asked in Legal Malpractice for Arkansas on
Q: If an attorney fails to show or file for a motion to continue for a trial for protection order what can I do

Attorney was paid order was finalized. My children lost for 10 years. She had reports that would have had the charges dismissed

John Michael Frick
John Michael Frick
answered on Jun 10, 2024

Assuming the attorney was timely paid as required by your attorney employment agreement, the failure of the attorney to appear coupled with the certainty that the charges would have been dismissed had she appeared likely provides good grounds for a legal malpractice case.

1 Answer | Asked in Probate for Arkansas on
Q: What are my options when dealing with siblings who are not responding concerning the estate of our deceased father?

Met my father at the age of 50 in July 2019. I have a half-sister and stepsister that I did not meet until our father's funeral January 2023. They did not desire to meet me. I was told by my half-sister that our father was a hoarder and Hazmat would need to come in and clean the house. She... View More

Anthony M. Avery
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answered on May 30, 2024

Hire an AR attorney to search Father's title. I f you are an heir, and there is enough value/equity involved, then file suit for a Sale For Partition.

1 Answer | Asked in Criminal Law and Domestic Violence for Arkansas on
Q: Withdraw guilty plea

Domestic battery 3 charges while in jail pled guilty before knowledge of the charges and their meaning just turned 18

Degen Clow
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Degen Clow
answered on May 15, 2024

Generally, you have 30 days after you have entered a plea to show good cause for the court to let you withdraw the plea.

1 Answer | Asked in Products Liability for Arkansas on
Q: Apartment is charging me for drinking drinks I thought were complimentary during open house apartment tours.

There were free drinks in the lobby and “move in gifts that were clearly labeled” In The rooms but we thought they were for the tours. Now we’re being charged for drinking them.

Tim Akpinar
Tim Akpinar
answered on May 10, 2024

An Arkansas attorney could advise best, but your question remains open for a week. This isn't really a product liability matter, which is more about injuries from dangerous products. It could depend on how reasonable your misunderstanding was - that might require more details about the... View More

1 Answer | Asked in Probate for Arkansas on
Q: How do I contest a heirship affidavit in Arkansas. There is no will. All the deceased brothers are deceased.

I am the daughter of one of the brothers, the niece of deceased. The filers where not adopted as far as I know and two are step great nieces and nephews.

Anthony M. Avery
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answered on Apr 30, 2024

If no Probate, then you will need an AR attorney to file a Declaratory Judgment Action.

1 Answer | Asked in Personal Injury, Civil Rights and Constitutional Law for Arkansas on
Q: Can I refile this now that I'm free and not incarcerated

I dismissed my case while I was incarcerated but now I'm free and want to open it up

James L. Arrasmith
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answered on Apr 11, 2024

I understand you previously dismissed your case while incarcerated, but now that you have been released, you would like to reopen the case. The ability to refile a dismissed case depends on several factors, including:

1. The type of dismissal: If your case was dismissed without prejudice,...
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1 Answer | Asked in Real Estate Law and Estate Planning for Arkansas on
Q: Is there a legal binding document for an heir to sign over their rights to another heir, until we can afford to hire an

There’s 5 heirs to a small plot of land.. 3 of which don’t want anything to do with it so they agreed to sign their part over..can a notarized, witnessed statement be legal binding? need it just till we can pay an attorney to file all the paperwork..

Anthony M. Avery
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answered on Apr 1, 2024

Your agreement is unenforceable, as land is usually transferred by deed or heirship. Hire an AR attorney to search the title and draft a deed for the three heirs to convey to the other two as tenants in common.

1 Answer | Asked in Uncategorized for Arkansas on
Q: .01 gram of meth,11grams of pot and a pistol in a semi truck
James L. Arrasmith
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answered on Mar 29, 2024

If you find yourself in a situation where you have .01 gram of methamphetamine, 11 grams of marijuana, and a pistol in a semi-truck, it's crucial to understand the legal implications you might be facing. Possession of controlled substances and firearms can lead to serious consequences,... View More

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