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Debra Joan Cheatham Reece
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Debra Reece’s Answers

558 total


  • Fiancée was charged with aggravated assault an criminal mischief in the second degree for raming someone's car

    This is her first offense ever

    Debra’s Answer

    Having had a lot of experience with the prosecutor and judge in Newport, I can tell you that there is no way to know the possible outcomes without more information. Much will depend on who the alleged victim is, what the circumstances were, whether your fiancée was provoked and how, etc. She needs to retain a good criminal defense attorney with trial experience in case the case goes to trial. You also want someone familiar with how the system works there in Newport. Based on what little information you gave, I can tell you that, in my experience of working in that jurisdiction, I would think probation or possibly even the First Offender Act would be reasonable; however, that's really going to depend on who the alleged victim is and who your fiancée is, along with the extent of damages and injuries. Newport is a particularly "clique-y" little town and similar cases are often treated quite differently, just depending on the people involved.

    It is always frightening to be charged with a crime. Have her talk with several attorneys until she finds one with whom she's comfortable. Good luck with everything!

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  • I was recently fired from my job because someone said I touched them. Does the 6th Amendment apply in this case in Arkansas?

    There was a rumor spread about me. The rumor was that I was gay and everyone started acting different around me. It was a guy that complained but they would not tell me who. I even asked who and they refused to tell me. There are a lot more detail...

    Debra’s Answer

    Not based on the facts you gave. The Sixth Amendment applies only in criminal proceedings. You don't say that you have been charged with a crime, so the Sixth Amendment will not apply. And, as mentioned, you can be fired for any reason or no reason at all, so long as it's not discriminatory. According to your facts, you were not fired for being gay, but because of an allegation that you touched someone (I assume inappropriately). Therefore, there's no discriminatory reason (even assuming Arkansas had a non discrimination law for LGBT persons, which it does not).

    You should consult with an employment law attorney, who can examine all the facts in detail to determine if the company violated any employment contract or handbook or internal disciplinary policies when it fired you.
    Good luck.

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  • What is the penalty for class a misdemeanor for endangering the welfare of a minor?

    I left my my 4 children in the home while I went across the street to get candy, I was gone for 5 minutes said the police. I wasn't even 100 yards from my home. My children age from 8 years old to 2 years old. What kind of penalty can I expect wit...

    Debra’s Answer

    It is never a good idea to go to court on a criminal charge without a lawyer -- not even a misdemeanor. I know that in my jurisdiction, having a lawyer can mean the difference between going to jail and not going to jail, because our local judge believes that hiring a lawyer shows the defendant is serious about the situation. There is no way to know how your local district court judge will react. So you should retain a criminal defense lawyer who regularly practices in the court where you are charged. Chances are that, if you do not have any prior criminal history, a lawyer can negotiate a plea deal without jail time or with the jail time suspended so you won't have to serve it if you pay your fines on time.

    Good luck!

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  • What are my rights with a used vehicle I bought from a use car dealer and already have serious mechanical problems

    I bought a used vehicle, and I've barely had it 30 days and I am already having serious mechanical problems. They assured me when I bought this vehicle that they have all there vehicle service before they put them on the lot. A day after I bought ...

    Debra’s Answer

    As someone else said, you have posted this under "Lemon Law," but lemon laws only apply to new car sales, not to used car sales. You will need to check your contract, but chances are you bought the car "as is" with no warranties. That dealer probably bought the used vehicle at an auction and, even if their mechanic checked it out, that doesn't mean that something can't immediately go wrong with it. And it certainly doesn't mean they committed any sort of fraud.

    When you buy a car "as is," you run the risk of buying a vehicle with serious problems. You should always have your own mechanic check it out first to decide if it is a good investment, or be sure to purchase an after-market warranty to cover mechanical problems.

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  • How can I get items left to others in moms will

    After falling ill my mom agreed to leaving her home to her sister in xchange for careing for her. Mom changed will to state this and to appoint her executrix over the will and even inserted a no contest clause. Can I file to change this

    Debra’s Answer

    As others have stated, the will controls. Your mother's property is hers to designate to whom it goes upon her death. That being said, if there is some reason you think your mother's mental capacity is not sound, or she was illegally coerced into changing her will, you should speak to a lawyer, who can advise you on steps you could take. Please remember, though, that when an elderly person gets sick, the thought of a nursing home looms large and frightening to them, and it is well worth that person remembering someone in their will in exchange for being cared for. That may seem frustrating to the children who expect to inherit but, after all, the property is hers; and if planning to give it to a caregiver ensures she will be cared for by someone she knows and trusts, that is a better alternative than a nursing home. Plus, if she didn't get the care and needed to go into a nursing home, she would probably lose the home to Medicaid anyway.

    Good luck with your situation.

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  • Request info on purchase of refill airtime using a stolen debit card. 4 different transactions?

    Is anyway straight talk and net 10 can tell me who's acct. my stolen debit card bought airtime for? I have bank statement time and date the purchase was made and i have police report.

    Debra’s Answer

    Probably. But they're not likely to do it for you. As far as they are concerned, so long as you are reimbursed through your bank for the stolen card, Straight Talk and Net 10 do not owe you any information. If the bank or police decide to pursue the threat, they will be able to get the information so they can prosecute.

    Be sure you fill out the necessary paperwork with your bank to dispute the charge. Of course, you'll also have to agree to prosecute the perpetrator if they are found. Something tells me you may suspect you know who that might have been, based on your desire to find out who did this.

    Unfortunately, it is super easy to steal someone's debit card info. Happened to me and someone used the info to buy gas at three stations in California. And I'm very careful about how and where I use my card. So chances are good this was a racket using burner phones. You should just focus on getting your money back.

    Good luck.

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  • Can a traffic violation from 19 years ago still be enforced/collected?

    I received a letter from an attorney to collect on a traffic violation from 1996 for the City of El Reno. The charge was failure to provide insurance. It was issued in Oklahoma. Can this even be valid any longer? I don't live in OK any longer and ...

    Debra’s Answer

    You posted this in the Arkansas forum. You need to consult with an Oklahoma attorney since the violation was in Oklahoma.

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  • Can an ad litem attorney tell by e-mail the previous attorney on the case any details on the case like there is no reunification

    Current criminal justice major and I am looking for a no win no fee attorney to sue DHS and maybe ad litem. I am even willing to help assist with office work you need if allowed by law. If you are a dynamic confident lawyer that knows they can win...

    Debra’s Answer

    Depending on what exactly you want to sue for, you may not be able to have a contingency - fee agreement. Contingency fees are not allowed in family law or criminal cases. Not sure how yours falls.

    Also, DHS is a state agency and therefore immune from suit in court. The best you can do is bring a claim before the Claims Commission against DHS. And if the ad litem was acting as an agent of DHS, that goes for him/her too.

    So without more facts, you're probably not going to get any bites at your offer. A percentage of nothing is nothing, and it is not likely you can win any money damages against DHS or its agents. And any good, competent, "confident" attorney is not going to work for free. Your best bet is to consult with an attorney familiar with DHS cases (I assume this was a dependency - neglect case) and let them outline your options for you. I know that's not what you want to hear, but it's the truth. Good luck.

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  • Can a property manager of an apartment complex kick me out because my attitude towards the staff?

    I moved into an apartment complex in August 2014. the maintenance crew has been to my apartment twice for a broken Air conditioner before winter in 2014. in april 2015 the maintenance crew AND the property manager came to my apartment to look at t...

    Debra’s Answer

    It depends on your lease and exactly what you did/said. No one has to put up with verbal abuse. One person's "simply firm" is another person's "rude."

    Have you considered giving your landlord written notice that if it is not fixed this time, you will have a professional fix it and deduct the repair amount from your rent? Of course, if you don't have a lease, they could decide to terminate your agreement.

    Landlord/tenant law in Arkansas heavily favors the landlord. You'll need to keep that in mind. They have to give you things like running water, working plumbing, and heat in the winter. But AC is not a necessity under the law. It's a convenience. (One I love, but a convenience nonetheless.) If you want to stay there but they don't fix it properly, consider repairing it yourself or getting a window unit. I know that seems unfair. But the law isn't fair. It's whatever the legislature says it is, and they're much more landlord-friendly than tenant-friendly. Good luck.

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  • The man my wife was having an affair with, used his position as a caregiver, with my Eye Surgeon to have an affair with my wife.

    I found out recently that the entire Eye Clinic staff was aware, of the circumstances to include the good Doctor himself. Do I have any grounds for a legal action. I have suffered significant financial loss and emotional hardship.

    Debra’s Answer

    Based on the limited information you gave here, there is no cause of action. As Mr. Scholl stated, there is no longer an action for Alienation of Affection in Arkansas.

    As for the doctor and his staff being aware of what was going on -- that would be an internal employment issue for the doctor. If my staff did that (had an affair with a client's wife), I would probably terminate their employment, because I think that's just bad form. But hurt feelings don't give rise to lawsuits. If I understand your question correctly, you had eye surgery and the caregiver was there to help you and utilized his access to your home and your wife to have an affair with her while you were recuperating. That's pretty much the definition of despicable. But life is full of despicable people. If you don't believe me, watch Congress.

    If there is anything he did to YOU (such as get you to sign anything or agree to anything) with his influence as a caregiver, then you could have a potential lawsuit against him or the doctor. But your post doesn't include anything like that. If that is the case, then by all means sit down and talk with a lawyer in your area who can consult with you on your possible outcomes.

    I'm very sorry for what you went through. I hope your eye surgery turned out well and you will be able to move along with your life. As for your wife and the "caregiver," karma has a way of taking care of people like that. My best advice is for you to put them in the past to the best that you can and take the high road. Good luck.

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