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Arkansas Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for Arkansas on
Q: I haven't been able to vote since I was 17 because of a felony?

Is voting not a right?Are is it like a driver license?A privilege and can be taken away?

James L. Arrasmith
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answered on Jun 10, 2024

Voting is a fundamental right in the United States, but it can be restricted under certain circumstances, such as a felony conviction. Each state has its own laws regarding the voting rights of individuals with felony convictions. In some states, your voting rights may be restored after completing... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Arkansas on
Q: Can I open carry a handgun at 20 years old on public property.

A local deputy and myself are having a debate on weather or not I can legally open carry a handgun (glock17). I’m not doing anything unlawful, just have said pistol in holster on my belt.

James L. Arrasmith
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answered on Jun 2, 2024

Under federal law, individuals must be at least 21 years old to purchase a handgun from a licensed dealer, but this doesn't always directly translate to the legality of carrying a handgun. State and local laws vary significantly regarding the open carry of handguns, especially for those under... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Arkansas on
Q: Are arkansas police required to have reasonable and articulable suspicion to identify someone?

In the state of Arkansas, when stopped by a police officer, whether on foot or a traffic stop, do police need reasonable and articulable suspicion to ask for identification?

James L. Arrasmith
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answered on May 1, 2024

In Arkansas, police officers do require reasonable and articulable suspicion to stop someone and ask for their identification. This standard arises from the Fourth Amendment, which protects against unreasonable searches and seizures.

Reasonable suspicion must be based on specific and...
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1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: My husband is incarcerated in Baxter Co AR for a non payment of fines. He is not in good health and hasn’t been forwhil

He has been there a little over 2 weeks and has been to the ER 3 times because his blood pressure has been very high.We are trying to get him out of there, but because he hasn’t seen a judge yet they will not release him. According to US code, A. 3C chapter 13 and US code A.3C chapter 13 and US... View More

Richard Lane Hughes
Richard Lane Hughes
answered on May 1, 2024

You need to get an attorney immediately. This situation needs to be brought to the attention of the Judge who issued the warrant for your husband's arrest or any Judge siting in the jurisdiction.

Of course, he should have been before a judge already. An accused is denied Due Process...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arkansas on
Q: Can an officer other than my assigned PB officer search my property any time they want? Without my PB being there

An officer showed up at my house without my probation officer being present and arrested me took me to jail while they were still conducting a search on my property and house after I was taken to jail they were still searching my property no warrant or warning

James L. Arrasmith
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answered on Apr 15, 2024

In general, probation officers and other law enforcement officials need to follow proper legal procedures when conducting searches, which typically require either consent, a warrant, or certain exigent circumstances. However, the specific rules can vary depending on the terms of your probation and... View More

1 Answer | Asked in Civil Rights for Arkansas on
Q: How can I get a copy of a civil rights lawsuit that I filed?

I want to look into a case that I filed. Where do I go and what do I do?

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answered on Apr 4, 2024

To obtain a copy of a civil rights lawsuit that you have filed, follow these steps:

1. Identify the court where you filed the lawsuit (e.g., federal district court or state court).

2. Contact the clerk's office of the court where the case was filed. You can usually find the...
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1 Answer | Asked in Criminal Law, Communications Law, Federal Crimes and Civil Rights for Arkansas on
Q: Is this illegal

There another tenant from another building coming over to my parking lot area(really close to my apt) possibly my balcony and filming my conversation where as I talking inside. It film audio and video by phone.

James L. Arrasmith
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answered on Mar 8, 2024

If another tenant is filming your conversations without consent, especially when you are inside your own apartment, this could potentially violate privacy laws. The legality of such actions largely depends on the jurisdiction and specific state laws regarding privacy and consent for recording... View More

1 Answer | Asked in Education Law, Employment Discrimination, Employment Law and Civil Rights for Arkansas on
Q: Employment law. I had recently been suspended for something I didn't do for 3 days without pay without any proof at all

The person who suspended me tried to get me fired once before, but failed because they lied. Now I see it as retaliation. He tried to get me fired again.no investigation was done with my proof and all proof that I showed HR that I couldn't have done what they said because I was asleep in the... View More

James L. Arrasmith
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answered on Mar 8, 2024

When facing suspension from work without just cause, especially if it appears to be an act of retaliation, it's critical to know your rights and the appropriate steps to address the situation. Begin by documenting every relevant detail of the incidents, including dates, times, interactions,... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Arkansas on
Q: I feel like I was forced to take a plea offer on three possession charges by a corrupt court. Can I do anything?
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answered on Mar 7, 2024

If you believe that you were forced to accept a plea deal and that the court was corrupt, you may have some options to challenge your conviction and/or seek justice. However, the path forward can be complex and may require the assistance of a skilled attorney. Here are some potential steps you can... View More

1 Answer | Asked in Civil Rights for Arkansas on
Q: I was in a local McDonald's the other morning when the lobby opened I went in and went to the bathroom there was a bag

On the counter I grabbed it and took it to the front I said it was in the bathroom about 5 mins later a African American guy came out and was angry saying g he had a bag of weed in his bag and now it's gone and I was the only person in there so about 10 or 20 mins later he came back out and... View More

James L. Arrasmith
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answered on Mar 6, 2024

In this scenario, the situation involves complex issues of privacy, accusation without evidence, and the uncomfortable position you were put in. Firstly, it's important to recognize that any person, regardless of their role at the establishment, demanding to search you, especially over a... View More

1 Answer | Asked in Criminal Law and Civil Rights for Arkansas on
Q: How long does a DA have to file a formal case against someone who has been arrested and has been in jail 2 months?

His prior 25 year sentence was overturned on appeal and he was released just 2 months before being arrested again (after serving over 2 years). He requested a public defender at his initial hearing. He still hasn't been assigned one. He can't afford bail. No formal charges have been... View More

James L. Arrasmith
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answered on Feb 24, 2024

In many jurisdictions, there are specific time limits within which formal charges must be filed after an arrest. These time limits, known as statutes of limitations, vary depending on the nature of the offense and the laws of the state. However, the precise time limit for filing charges can be... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Arkansas on
Q: If a person is detained and handcuffed on the ground can a state trooper run up and kick u in the face?can I file lawsui

Somebody was handcuffed and on ground not moving and a state trooper runs up and kicks them n face so hard immediately ambulance was called on scene cae blood was coming out his eye the EMT said take to emergency. Make sure socket wasn't broke and his eye is filled with blood bad this is not... View More

James L. Arrasmith
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answered on Feb 23, 2024

It is never acceptable for law enforcement officers to use excessive force, especially against individuals who are already restrained and not posing a threat. Such actions violate the individual's rights and may constitute police brutality. If you or someone you know has experienced such... View More

1 Answer | Asked in Criminal Law, Employment Law and Civil Rights for Arkansas on
Q: Can a convicted felon get a job somewhere that sells guns?

A friend of mine has applied for a job that sells weapons much like Walmart or any other southern store. He was going to be hired however one of the employees at said store knew of his prior conviction. She stated that she would not work with her due to law stating a convicted felon cannot work... View More

James L. Arrasmith
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answered on Feb 23, 2024

In general, federal law prohibits individuals who have been convicted of a felony from possessing firearms. However, when it comes to employment in establishments that sell firearms, the regulations can vary depending on state laws and the specific policies of the employer. Some states may have... View More

1 Answer | Asked in Banking, Civil Rights, Collections and Federal Crimes for Arkansas on
Q: How do I hold a bank liable for money that I reported wasn't authorized but they haven't reimbursed me?

I went to my banks, Regions and First Financial in El Dorado AR., in May of 2021 and told them I had been the victim of data breeches and identity theft in August 2020 and told them there were a lot of unauthorized charges on my account. I signed paperwork at Regions and headed to FFB1, by the time... View More

James L. Arrasmith
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answered on Feb 23, 2024

Facing the challenge of holding a bank accountable for unreimbursed unauthorized charges can be an uphill battle, especially when documentation seems to vanish, and regulatory bodies have not resolved the issue to your satisfaction. It's crucial to persist in your efforts to recover your... View More

2 Answers | Asked in Criminal Law and Civil Rights for Arkansas on
Q: I am on probation in Arkansas , signed for four years back in 2020 . I absconded after about 9 months . I did a 90 day

P.V. this year just got out not even 2 months ago. I missed my 2nd office visit due to weather they were closed. However I never made another appointment. To follow up. I got a job back in another county and was trying to transfer. My boss contacted an faxed paperwork to my p.o. it's only... View More

T. Augustus Claus
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answered on Jan 29, 2024

In Arkansas, probation is a legal arrangement where compliance with specific terms and conditions is mandatory. If you absconded from probation initially and then missed a follow-up appointment after a 90-day parole violation (PV) sentence, your probation officer (PO) labeling this as absconding... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Arkansas on
Q: I am on probation in Arkansas , signed for four years back in 2020 . I absconded after about 9 months . I did a 90 day

P.V. this year just got out not even 2 months ago. I missed my 2nd office visit due to weather they were closed. However I never made another appointment. To follow up. I got a job back in another county and was trying to transfer. My boss contacted an faxed paperwork to my p.o. it's only... View More

James L. Arrasmith
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answered on Jan 29, 2024

In Arkansas, probation officers have the authority to report a probation violation if they believe a probationer has not complied with the terms of their probation. This can include failing to report for scheduled appointments, even if there were extenuating circumstances like bad weather.... View More

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1 Answer | Asked in Personal Injury, Civil Rights and Federal Crimes for Arkansas on
Q: What Happenes in a P.R.E.A. case and is it even worth pursuing
James L. Arrasmith
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answered on Jan 29, 2024

A Prison Rape Elimination Act (PREA) case involves allegations of sexual abuse or harassment that occur within a correctional facility. Pursuing a PREA case is important as it addresses violations of inmates' rights to be free from sexual misconduct while incarcerated.

To pursue a PREA...
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1 Answer | Asked in Personal Injury, Civil Rights, Federal Crimes and Criminal Law for Arkansas on
Q: I went to jail. The 1st & 3rd I was raped in the cell by a male trustee
James L. Arrasmith
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answered on Jan 29, 2024

I'm truly sorry to hear about your experience in jail. Sexual assault is a serious matter, and it's crucial to take immediate action. First and foremost, seek medical attention to address any physical injuries and collect evidence.

Contact law enforcement to report the sexual...
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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 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

James L. Arrasmith
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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

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