Arkansas Q&A by Practice Area

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Arkansas Questions & Answers
1 Answer | Asked in Car Accidents for Arkansas on
Q: Hi can my gf sit in my lap and drive at the same time if we don't do anything?
Tim Akpinar
Tim Akpinar answered on May 4, 2021

Don't do it; it's a very bad idea on many levels. An Arkansas attorney could tell you about the vehicle and traffic law(s) you'd violate, but your question remains open for two weeks. It sounds like you're a young driver, but you'd subject yourselves and others to danger,... Read more »

2 Answers | Asked in Personal Injury for Arkansas on
Q: I have a back injury nerve damage and it’s been 2years can sue work mans comp

I got off tractor and thru a gate at the arena where i worked 13 years i had a spinal fusion in Arlington

Tim Akpinar
Tim Akpinar answered on May 3, 2021

This is something that an Arkansas attorney should advise you on, but your post remains open for a week. I'm sorry for your injury. If you had a spinal fusion surgery, that's a big ticket item, suggesting that there might have been a WC claim open at one time. A private insurer is not... Read more »

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1 Answer | Asked in Employment Law for Arkansas on
Q: I've been working since November at a company and just noticed they haven't been paying me the correct overtime.

I was supposed to be hired for $35/hour. I'm an engineer on contract . They said they could give me per diem but would have to break it down to get the power diem. So they had to do $96/day per diem and $23/HR. Problem is when I worked overtime they paid me overtime at 1.5 times $23 instead of... Read more »

Chris W. Burks
Chris W. Burks answered on Apr 20, 2021

Thanks and yes you should speak to an employment law attorney. If you have a contract to work for $35 an hour the state law could be breached. Or, if the per diem is structured a certain way, it could mean that the company should not have paid you the lower amount of overtime. Speaking to an... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: What's the best counter offer to 32 months prison and 32 months sis
W. Whitfield Hyman
W. Whitfield Hyman answered on Apr 20, 2021

Just tell them to drop all of the charges or you will sue them.

Just kidding.

1 Answer | Asked in Criminal Law for Arkansas on
Q: These laws pertaining to record keeping, weren't they written for pharmacies?

Specifically, the felony charge of failure to keep records while maintaining a drug premises. I feel they're being abused and used as a way to give individual citizens multiple charges for the same simple possession offense

W. Whitfield Hyman
W. Whitfield Hyman answered on Apr 18, 2021

Which law?

1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Civil Litigation for Arkansas on
Q: I am be sued by a woman in Cleburne County for 20k of horse boarding. She took my horse from Wi without my permission,

She got caught forging my signature on the horses registration papers. Now she's sueing me for 20k for the 2 years she's had my horse. What kind of attorney do i need

James E Hensley Jr
James E Hensley Jr answered on Apr 15, 2021

Get a lawyer who will answer your calls even on weekends. You will probably owe her some money and she wants to keep the horse instead of taking payment. My cousin is one of the top trainers in the mid-south. Her fee is $375 per month per horse. That would come to around $9,000 in your case. Since... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Arkansas on
Q: how can a judge give all my rights away without a court date

got a complaint on paternity and judgement of paternity

Don Spears
Don Spears answered on Apr 14, 2021

Insufficient amount of information to formulate an answer.

1 Answer | Asked in Criminal Law for Arkansas on
Q: Are false names on incident reports, cover sheets and the statement by a witness provide any type of action for defense?

Felony criminal case, false names of the witness and the offended person on the investigation report and the cover sheet. The witness statement begins, "I (false name) ...

The names are close but not accurate. Does defense counsel have anything actionable on this or is it... Read more »

Richard Lane Hughes
Richard Lane Hughes answered on Apr 13, 2021

Complete accuracy on those documents is likely harmless. An intentional false report is another matter.

1 Answer | Asked in Child Custody and Divorce for Arkansas on
Q: my brother n his wife r getting divorced. were up visiting them, but ex is threatening to call cops cuz she wants her ba

they're still legally married. no papers have been filled. she wants full custody and my brother said no. we're just up visiting and she knows it. he still has contact and let's her know everything. she says she'll call the cops cuz she wants her back. will he be in trouble

Richard Lane Hughes
Richard Lane Hughes answered on Apr 13, 2021

If nothing has been filed-no formal proceedings commenced, they are simply parents of children and are on equal footing. They are charged with caring for those children under Arkansas Law.

1 Answer | Asked in Criminal Law for Arkansas on
Q: If you are charged with possion and get a imposed sentence the get revoked is that an additional felony
Richard Lane Hughes
Richard Lane Hughes answered on Apr 13, 2021

Yes. However, you may be able to simply get reinstated. It depends on a number of variables and the basis for revocation proceedings.

1 Answer | Asked in Probate for Arkansas on
Q: Can my family go to probate court again to have an administrator appointed after the death of our administrator?

My grandfather died in 1983 and subsequently our probate court appointed administrator (my uncle) has since died over ten years ago, in 2010.

Don Spears
Don Spears answered on Apr 7, 2021

Yes. You will need to file a petition to appoint a substitute administrator.

1 Answer | Asked in DUI / DWI for Arkansas on
Q: Have a warrant for failure to appear. I have proof that i was there for court.
Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 5, 2021

Return to Court with your proof. If you want additional assistance, then hire an attorney to do this for you. Please note that sometimes a failure to appear is issued when your name is called and you do not answer (perhaps you had not arrived, did not hear your name called, or just stepped out of... Read more »

1 Answer | Asked in Tax Law and Identity Theft for Arkansas on
Q: My sister did Instacart under my name after they kicked her off it. Instacart drivers are considered independent

contractors. I just received a 1099 for her earnings (approx $17,000) this additional income, put me over $50,000, disqualified me for the EIC, the addt'l CTC, reduced my CTC & will reduce my tax return by about $7,000. Is there anything she or I can do to get the 1099 transferred to her,... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 26, 2021

Based on your story, IMO you and your sister have committed a fraudulent act--and are about to make it worse. Advice: Do not make it worse by involving the IRS. If you are unhappy that your sister got $17,000 tax free while leaving you holding the bag and making you pay an additional $7,000 to the... Read more »

1 Answer | Asked in Gov & Administrative Law and Criminal Law for Arkansas on
Q: Can an 18 year old conceal carry in the state of Arkansas without a CCL?

I have legally purchased a handgun so I would like to know if I can legally carry it.

W. Whitfield Hyman
W. Whitfield Hyman answered on Mar 21, 2021

Yes, but there will be many places you are not allowed to carry. Mainly on government owned property. For a list of all the places you may not carry under state law, check here:

https://arkansaslawking.com/where-can-you-carry-a-gun-in-arkansas/

However, many of the places where it...
Read more »

1 Answer | Asked in Appeals / Appellate Law for Arkansas on
Q: The appeal tribunal didn’t tell me about the evidence that was against me
Tim Akpinar
Tim Akpinar answered on Mar 20, 2021

An Arkansas attorney could advise best, but your post remains open for a week, and if you're dealing with appeals as a general matter, time is usually very much of the essence in taking steps to preserve your rights. From the description, it isn't fully clear what type of matter this... Read more »

1 Answer | Asked in Immigration Law and Real Estate Law for Arkansas on
Q: if land is co owned with a non citizen and non citizen gets deported will the Government take the land?
Adan Vega
Adan Vega answered on Mar 19, 2021

The following is one example where real estate is in jeopardy of confiscation:

A foreign national who has been deported can have real estate confiscated if the property has been used for illicit purposes involving controlled substances and the person has been charged and convicted for...
Read more »

2 Answers | Asked in Personal Injury for Arkansas on
Q: where can I get legal help for a lawsuit in Louisiana

I need to find an attorney who can practice in federal court

Justin Kahn
Justin Kahn answered on Mar 19, 2021

Depending on the matter, you may want to contact the Louisiana Association for Justice or Louisiana State Bar and see if they can point you in the right direction.

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3 Answers | Asked in Bankruptcy for Arkansas on
Q: I already pay 100% in my Chapter 13 bankruptcy. If I make more money at my job, then when I filed will my payment go up
Mr. Chad Van Horn
Mr. Chad Van Horn answered on Mar 16, 2021

No. If you're paying 100% plus the trustee fee your payment should not go up. In very rare cases, they charge interest, but it is extremely unlikely. Good luck!

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1 Answer | Asked in Real Estate Law for Arkansas on
Q: Hello, Does a quit claim or warranty deed require the signature of the grantee? And the reference. Thanks, Dwayne
Anthony M. Avery
Anthony M. Avery answered on Mar 15, 2021

No as it is the grantors who are conveying their estates. But the Deed must be delivered to the grantee, who also must accept it. These contractual requirements are often assumed until a legal problem arises. Sometimes grantees sign the valuation statements.

1 Answer | Asked in Bankruptcy for Arkansas on
Q: I have a Chapter 13 bankruptcy, will my third stimulus payment be affected by that?

I’m just trying to find out if the trustee will get my stimulus.

Timothy Denison
Timothy Denison answered on Mar 13, 2021

Generally, the Trustees are not taking stimulus checks.

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