Today I took a $350.00 money order up there but didn't hand it over. The legal department gave me until 3:00 p.m tomorrow to get the total. She said if they took the $350.00 payment today and I didn't come up w the remaining $650.00 then a body at...
Even if you got joint custody of your son, it wouldn't negate the money you currently owe on child support. So no, it won't put a hold on the body attachment.See question
I'm being Wrongfully done by this system. They are trying to Terminate my rights. I've done everything asked other than getting a job which I found out that they can't use that against me if I choose to be a stay at home mom. I appealed everything...
If DHS is trying to terminate your parental rights, you have the right to have an attorney appointed who has specifically been trained as "parent counsel" (counsel for the parents). I assume you have one. If so, you need to be addressing these issues with your attorney. If not, you need to let the judge know you want parent counsel appointed immediately, so they can begin working on your case. But this forum is for general questions only, and it is not the place for you to give any personal information, where the other side could also read it. Good luck!See question
My friend got caught with drugs in his pocket but he was not delivering. The police did not read him his Miranda rights. He has been charged with a Class C . It was 2 grams of meth and he already has two prior convictions. He is now on PV for 6 mo...
Mr. Clow is correct about his numbers. If you are positive that your friend has only two prior convictions, then he would be a "small habitual offender" or "small hab" and would be facing the possibility of a 3-20 year sentence. However, a prior conviction does not count prior cases, but actually prior charges. So if in one prior case he was convicted of two or three separate charges, then it would count as two or three separate convictions.
I'm not sure what you mean about his time running concurrent. If he is on parole now, then his new conviction can run at the same time as his parole, but it will obviously extend out farther past the time he gets off parole on his previous charge.
Moreover, the fact that the police did not read him his Miranda rights probably has no effect. Most people think the police have to read them their rights because they see this on TV. But Miranda rights have to do with interrogation, not with arrest. So if they did not interrogate him, it doesn't matter whether they read him his rights. If they DID interrogate him, they probably read him his rights at the station before the interrogation and had him sign a Miranda rights form. If not, then he might be able to get any statements he made suppressed, but it will in no way affect his arrest or the evidence they found on him for which they originally arrested him.
These are all issues he needs to discuss with his attorney. If he doesn't have one, be sure he retains a good criminal defense attorney. Sounds like he will need one. Good luck!See question
I was pulled over on the interstate in Arkansas my licenses were expired the officer refused to allow me to call someone to drive my car, told me he didn't have time to wait on someone to come it wouldn't have taken 10 min for someone to come. Its...
First, this is NOT a criminal defense issue because you were not charged with a crime. It's a civil rights issue. The answer to your question is going to depend on all the circumstances. It is true that if you are arrested and taken in and cannot, therefore, drive your own car, the office can refuse to let someone else drive it and can have it towed. However, since you were not arrested, it sounds as though the officer was just wanting to search your vehicle and used the tow as the excuse (officers who cannot otherwise search a vehicle can do an "inventory search" when the vehicle is being towed). You should do a Freedom of Information Act request to the police department, asking for copies of their towing/impounding policy, and a copy of ALL documentation from your incident, including any police reports, inventory sheets, etc. You should also ask the towing company for copies of any documentation they received from the police. If this was a legitimate towing incident, they would have had to inventory EVERYTHING in the vehicle ON PAPER. If they didn't, then it was an illegal search. While you don't have the usual remedy for an illegal search of your vehicle, which is suppression of any contraband evidence, you may have a civil rights case if this officer/department is routinely towing people's vehicles just in order to search them. Moreover, he left you in a dangerous situation, which should cause you to at least complain to his captain.
Get in touch with a good civil rights attorney. Two of them are Reggie Koch and Morris Thompson in Little Rock (google them). I'm sure there are others as well. Good luck!See question
Is it easier and cheaper to add a father to the birth certificate and change last name or for him to just to adopt her? We're not married but plan on it in the future. Thank you.
You don't give enough information to fully respond. If the biological father is not on the birth certificate, that usually means one of two things: (1) the father was left blank or unknown; or (2) someone else was listed as the father.
If #1 is correct, then contact the health department department of vital statistics, and they may just let you add him to the birth certificate by affidavit (sworn statement). If #2 is correct, you have a more difficult situation. In that case, you will need to go to court and establish paternity (with a DNA test), and ask the court to declare him the legal father and order that the father's name on the birth certificate be changed to the correct name. As you were told previously, there is no need for him to adopt his child if he is the biological father; however, being the biological father is not the same thing as being the LEGAL father, and under Arkansas law, he is a "stranger" to the child until he has been declared the legal father.
You should consult a good family law attorney in your area to give them all the facts of your situation so you can get good advice on your approach.See question
I have been living in these apartments since August 3, 2015. I left to go to the store on Friday Sept. 25, 2015. When I came back home there was a swarski sign carved into the wall by my door. When I spoke with the apartments, they told me they wo...
I'm not exactly sure what you're talking about when you say a 'swarski" sign. Do you mean a Nazi swastika symbol? If so, I can certainly understand why you would be fearful. That being said, unless your landlord is the one who carved it or is knowingly allowing it to happen, you are going to be held to the terms of your lease. Arkansas law unfortunately is very landlord-friendly and not friendly at all to tenants. The way a judge would look at it, you signed a lease and the landlord contracted with you for you to pay the rent during the time of that lease. The landlord is responsible to make the apartment habitable, but he cannot be responsible for what someone else does. The fact that a swastika is there does not necessarily mean your life is threatened (even though it probably feels that way to you, particularly if you're Jewish or a minority). A lease is a contract, and usually you are held to the terms of your contract so long as the other party does not breach the contract.
You should talk with your landlord about the possibility of you moving and being allowed out of your lease. Explain your fears. If (as I fear), he says he will not let you out of your lease, then you should talk to a good contract attorney in your area who handles landlord-tenant cases. If there is something more going on here, they may be able to convince your landlord to let you out of your lease or face a lawsuit if anything should happen.
Good luck!See question
I want joint custody but she wants me to sign over full custody or she will take me to court and make me pay child support. I have a full time job and can support myself and my daughter 100%. I can and will support my daughter what ever it takes. ...
I believe I may have already answered a question from you, but I'll address this one, too. Joint custody is now favored in the law, per the changes from the Arkansas legislature in the last session. That being said, many judges still don't like joint custody because it's often unworkable. You're going to need to move your trailer if it's on her parents' property and they tell you to do so. You don't want a lawsuit for trespass or unlawful detainer on your record. You should talk to a lawyer right away. And it sounds as though she is telling you that if you "sign over custody," you won't pay child support. That's not true. It doesn't matter if you agree to full custody, you will have to pay child support regardless. Under Arkansas law, both parents are required to support the child, regardless of who has custody. So if you're wanting full or joint custody, you need to get the paperwork started to assert your position. Under Arkansas law, when a child is born to an umarried woman, she has full custody. You are considered a "stranger" under the law until you file a paternity action to get a court to declare you the legal father, and in that paternity petition, you can also ask for either custody or visitation. When you are first asking for custody, you are on equal ground with the mother and the court will make a decision as to what is in the best interests of the child. Once a court makes a custody decision, it is much harder to change it because you have to show a material change in the child's circumstances before getting a custody change. So it's better to handle all of this up front in the initial custody decision. An attorney can explain that all to you. Hire one immediately.
Good luck!See question
I have been told by my 5 year old that she was touched inappropriatly by a male cousin (8) and told to touch herself by another male cousin (6) while they were staying the night at Nana's (fathers mother). I mentioned this to her father who told m...
Your question, posted yesterday, said you had a hearing today, so this advice is probably too late. However, you need to sit down with a family-law attorney and get some help. If you can't afford one, contact Central Arkansas Legal Services. You also should report this contact to DHS on the child abuse hotline. I know that getting DHS involved in family matters is a pain, but you need to protect that child and DHS will have the Arkansas State Police Crimes Against Children Division do an investigation to determine if this really happened. If it did, then they can tell the father that he has to keep the child away from these other children or he can be charged with Failure to Protect. Good luck!See question
Her parents have kept daughter during the day because she did want my parents to. I moved my trailer to her parents property when we found out she was pregnant because she wanted to be closer to them
You need to make an appointment with a good family law attorney in your area who can sit down with you and discuss the entire situation. It sounds as though the child's mother wants you to either sign over custody to her or to her parents (you weren't clear about that in your question). You need someone who can let you know what all your rights are and what rights you would be giving up if you signed over custody of your daughter. For example, if this is a guardianship, you would still be on the hook for child support payments; and you would be giving someone else (the guardians) the right to be able to say when or even if you could see your own child. You should think long and hard before you do something like that. If there is some reason you are unable to care for your child (you have a drug problem, or mental illness, or you're getting ready to go off to prison for something, or you're going to be leaving for the military, etc.), then talk to a lawyer about what's in the best interests of the child and will still do a good job to protect your rights as a father.
Good luck.See question
I dont have a criminal record. I will get a job as soon as Im 16, and I could also share an apartment with my 17 yr old boyfriend who supports himself because his dad is an alcoholic who wont do anything for him. He supports himself WELL consideri...
No, you cannot be emancipated at 16. Arkansas's emancipation law is only for juveniles who are at least 17. Moreover, emancipation probably doesn't mean what you think it means. In order to be emancipated, you have to show that you are financially independent with a source of income that can pay your bills, you also have to ensure the court that you will comply with the compulsory attendance laws and go to school, and you have to give him a good reason for why it is in your best interests to be emancipated. The court will also hear from your parent and will consider their position. So one way or another, if you're really being abused, you're going to have to reveal that. The court may then decide that rather than emancipation, the best thing for you is getting DHS involved and that could put you (and possibly your siblings) in foster care.
Even if you are emancipated at age 17, that does not mean you're an adult. You're just an emancipated minor. You still have to go to school, you still have to comply with any curfew requirements in your town, you still can't marry without your parents' permission, etc. Until you are 18, you're not free to live as an adult.
I'm sorry you're in your situation because I know what it's like to live like that, but at age 15 or 16, your only options are your parents or foster care. I hope this at least helps you to be more informed.See question