Arkansas Q&A by Practice Area

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Arkansas Questions & Answers
1 Answer | Asked in Criminal Law and Constitutional Law for Arkansas on
Q: In Arkansas is it legal to walk around in public with a sword that's sheathed?

I know in Arkansas you can carry any sized knife concealed or open carry as long as you don't have any intent to harm anyone. Does this work for swords too?

W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 5, 2020

Yes

1 Answer | Asked in Criminal Law for Arkansas on
Q: Are you aloud a second opinion with another lawyer even if you have already hired one??

i dont feel like he is helping me any what so every never returns phone calls or emails isnt filing all the stuff that should be filed he saying as its a waste of time but its not like he just has no interest!! can i get a second opinion before i end up in prison bc my lawyer dont seem to care!!

James E Hensley Jr
James E Hensley Jr answered on Dec 4, 2020

You can speak with another attorney even though you have retained a lawyer. In fact, most lawyers want their clients to consider other options if a client is not satisfied. The goal is to help a client avoid jail or the repercussions of a criminal charge. I would be very surprised if your lawyer is... Read more »

1 Answer | Asked in Bankruptcy and Collections for Arkansas on
Q: Are my husbands assets safe if I have a judgement against me? We own nothing together. Arkansas.

If have a car insurance subrogation judgement against me, can that affect my husband wages or home? We own nothing together. Everything is in his name, except the car I was driving that day. We don’t even share a bank account.

I have no job, or assets of any kind, so it’s unclear what... Read more »

Timothy Denison
Timothy Denison answered on Dec 3, 2020

Yes. His assets are safe.

1 Answer | Asked in Criminal Law for Arkansas on
Q: May an Arkansas resident own an NFA registered machine gun in Arkansas?
W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 2, 2020

Yes

1 Answer | Asked in Immigration Law for Arkansas on
Q: CAn I leave the U.S if my I-539 extension application is in review? I'm on B2 visa & My I-94 is expired.

I have applied for stay extension in July but till now (December) there's still no decision. My question is, can I leave the U.S if my I-539 extension application is in review?I'm on B2 visa & My I-94 is expired. will there be any problems with the immigration and does it affects my visa in future?

Kyndra Mulder
Kyndra Mulder answered on Dec 2, 2020

If you leave while the extension is pending the extension is voluntarily revoked. You can make a new entry on your visa provided it is a multiple entry visa.

1 Answer | Asked in DUI / DWI for Arkansas on
Q: Got dwi without sobriety test,went to jail but not for dwi but for being mouthy. Can I be charged with dwi
W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 2, 2020

Yes, but the real question is, can you be convicted?

1 Answer | Asked in Civil Rights for Arkansas on
Q: Why is it so difficult to find an attorney who practices Police Misconduct area?

I have been hunting one down for well over a year now and can't seem to find anyone who wants to get involved. I am disabled and was involved in a 1 car MVA (hubby was driving)out of my State, SOL expires 12/23/20. Trooper is in audio and video as last person in possession of my medical... Read more »

W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 1, 2020

In order to sue a police officer you have to usually prove that somebody has successfully sued over an extremely similar issue in the past. Which is difficult because it means the first person to sue over a unique issue will usually not recover any money.

Did this happen in Arkansas or Oklahoma?

1 Answer | Asked in Tax Law for Arkansas on
Q: What can I do if I was told by a public accountant did not file my federal tax with the state?

Also I was told not to respond to the irs letters and the amount that I earned was less than what my employer claimed.he wrote checks in my name for his brother and because the place did not I'd him I owe the money?

Linda Simmons Campbell
Linda Simmons Campbell answered on Nov 24, 2020

You have a lot of issues that cannot properly be answered in this format. I suggest you contact a tax attorney to discuss your questions in greater detail. Most of us offer a free consultation.

1 Answer | Asked in Estate Planning and Land Use & Zoning for Arkansas on
Q: Do I need my husbands signature to sell land that is in both our names?
Steven J. Fromm
Steven J. Fromm answered on Nov 20, 2020

Yes, indeed. If the current deed has both of your names as owners then you must have him sign any deed transferring ownership to a buyer. Arkansas may allow a power of attorney to sign for him but you need to speak to a real estate attorney in your state to see if this is possible.

1 Answer | Asked in Family Law for Arkansas on
Q: Can the police make the father give the mother back her child if they were never married??

My sister dropped her baby off with his father (10 months old) and when she went to pick him up his father refused to give her son back. They were never married but his name is on the birth certificate. She called the police for help getting her son back and they said she would have to request... Read more »

John Butler
John Butler answered on Nov 19, 2020

Police will usually not get involved in custody disputes unless there is a clear court order. If you are still having trouble I would recommend contacting an attorney.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Arkansas on
Q: Can a Grantor on a quitclaim deed also be the Grantee?

My father died without a will and my Sister and I are the only heirs. We have filed for collection of small estate and our 90 days are up. One of the properties is still in my great aunt and her partner's name and has passed through a couple of family members that were ill and was never deeded... Read more »

Paul Dumas
Paul Dumas answered on Nov 18, 2020

Sounds like you have a complex title issue that needs to be reviewed by a competent attorney or title company. Your question simply doesn’t provide the information necessary to give you an accurate answer.

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Arkansas on
Q: Can a Grantor on a quitclaim deed also be the Grantee?

My father died without a will and my Sister and I are the only heirs. We have filed for collection of small estate and our 90 days are up. One of the properties is still in my great aunt and her partner's name and has passed through a couple of family members that were ill and was never deeded... Read more »

Paul Dumas
Paul Dumas answered on Nov 18, 2020

Sounds like you have a complex title issue that needs to be reviewed by a competent attorney or title company. Your question simply doesn’t provide the information necessary to give you an accurate answer.

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1 Answer | Asked in Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law for Arkansas on
Q: If my Mother and I purchased a piece of property can the original owner sell it again if I hold the original Deed?

My Mother and I purchased a piece of property from a friend of my Mothers that was getting older in age. This lady signed all of the necessary paperwork and we had everything properly notorized and dated. Now 2 years later this lady has sold the same piece of property to somebody else. Is this... Read more »

Paul Dumas
Paul Dumas answered on Nov 18, 2020

Assuming everything in your question is factually correct, the answer would most likely depend on whether, and when, you filed your deed of record with the Circuit Clerk of the county where the property is located. If Your deed was not filed prior to the 2nd conveyance your deed may no longer be... Read more »

1 Answer | Asked in Tax Law for Arkansas on
Q: Does Life Ins Co. that I didn't take my payment on for 3 yrs from a claim on my mother's death owe me the interest?
Steven J. Fromm
Steven J. Fromm answered on Nov 17, 2020

Yes indeed they do. Normally, life insurance companies pay interest with the proceeds of insurance from the date of death until they issue the check.

1 Answer | Asked in Criminal Law for Arkansas on
Q: How can i get a lawyer for adc inmate charged
James E Hensley Jr
James E Hensley Jr answered on Nov 15, 2020

Hello there. I'm having trouble understanding your question. Are you wanting an inmate's LAWYER charged? Perhaps you want a lawyer for an ADC inmate?

1 Answer | Asked in Real Estate Law for Arkansas on
Q: In Arkansas when selling and buying a home, can I choose to back out the day of closing? There was no earnest money.

I’m assuming that there is no way to back out of selling but I’m unclear as to whether their are legal ramifications of not buying a home. We did not put up earnest money and there’s not a specific reason except I don’t feel like it’s the right house for our family right now. I’m very... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 12, 2020

An Arkansas attorney could advise best, but your question remains open for four weeks. As a GENERAL premise of contract law NATIONWIDE, one could face monetary damages in backing out without valid justification. Such damages could be addressed in the contract of sale. You should consider consulting... Read more »

1 Answer | Asked in Animal / Dog Law and Personal Injury for Arkansas on
Q: Can I sue someone for their animal infecting my grandkids with ring worm

The kids grand father has a bunch of cats and my grandkids now has ring worms all over them. The grandfather was told that the cats had ring worms and hasn’t done anything to correct this issue.

Tim Akpinar
Tim Akpinar answered on Nov 11, 2020

An Arkansas attorney could advise best, but your question remains open for two weeks. As a general matter, ringworm could be a difficult form of injury upon which to base damages in a lawsuit. Added to that is the element of causality, where you would need to demonstrate the specific source of the... Read more »

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: if my ex, who lives in Texas, has recently had her children(with her now husband) taken away because she and her 2yr old

tested positve for meth do i have to send my daughter that she has weekend visitation with to her house or is that grounds for an emergency hearing?

Josh A. Eason
Josh A. Eason answered on Nov 10, 2020

This would be time to file for an ex parte emergency custody petition. You will need to list out all of the information you have as to why this is an emergency in your petition. Meth use will most likely be enough. However, if you can get a copy of the child protective services information, it... Read more »

1 Answer | Asked in Civil Rights for Arkansas on
Q: Can you sue a county, it’s prosecuting attorney, or the police department?

My husband was arrested and taken to the police station for booking/questioning. He told them that they had the wrong person, after reading the warrant, explaining again that they wanted his father, not him, they got a positive ID that my husband wasn’t the right person.... he was arrested in the... Read more »

W. Whitfield Hyman
W. Whitfield Hyman answered on Nov 8, 2020

When was he arrested? If it was 8 years ago that is probably too long ago. He can get the arrest sealed.

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: Does my 13 year old have to go to her dads if its court ordered and she doesn't wanna go?
Josh A. Eason
Josh A. Eason answered on Nov 5, 2020

Yes. Children do not get to decide if they want to go to the other parents residence or not. If there is something going on at Dad's house that is unsafe, abusive, or puts her in danger, then you can petition the court for a change in custody (and if it is extreme, then an emergency custody... Read more »

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