Arkansas Law Blog

Criminal Law

When can police stop my car?

This is a question we are asked all the time.  When can the police stop my car? The answer is: when the police have reasonable suspicion they may stop your vehicle. What is Reasonable Suspicion? Under Terry v. Ohio, an officer may only stop a vehicle if that officer has “reasonable suspicion” that the driver has committed, or is about…

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Elder Law, Estate Planning

How to Pay for Nursing Home Care

One of the greatest fears people have about aging is loss of health and ending up in a nursing home.  How are you going to afford to pay for long-term care? There are basically four ways to pay for the cost of a nursing home:     Long-Term Care Insurance- Long Term Care Insurance is the best option by far….

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Criminal Law

What to Do If You’re Facing a Probation Revocation

Under Arkansas law, you can be sentenced to probation to avoid going to jail. If you are on probation, you want to make sure that you do everything you can to avoid a probation revocation. As you probably know, your probation can be revoked for many reasons, including failing drug tests, missing appointments with your probation officer, failure to complete treatment…

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Bankruptcy

What does an Arkansas Bankruptcy Cost?

Zero Money Down Bankruptcy Schedule Consult Online Call Us for Free Consult There are several parts to the price of a bankruptcy: 1) Attorney’s Fees, 2) Filing Fees, 3) Bankruptcy Courses, and 4) maybe a Credit Report. The biggest issue with filing a case is someone coming up with the filing fee ($335 for Chapter 7 and $310 for Chapter…

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Elder Law

What are the exceptions to the Medicaid transfer penalty?

We do a fair amount of asset protection for families with loved ones entering nursing homes and deal with medicaid transfers.  We almost always transfer assets out of the medically needy individual’s name. This generally allows for the preservation of a majority of the assets and allows the medically needy person to qualify for Medicaid.   Most of the time these…

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Family Law

How Old Do You Have to Be to Get Married in Arkansas?

You have probably heard that Arkansas has one of the highest rates of divorce in the county. It is true. One significant reason for the high divorce rate is the relatively young marriage age in Arkansas: 24 for women (the lowest in the country) and 26 for men, which is also among the youngest. So, in effect, Arkansans have continued…

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Family Law

What is Supervised Visitation?

How do I get supervised visitation in Arkansas? A frequent request from clients during divorce or child custody cases is “How do I get supervised visitation?”  What they are really asking is “How do I get the judge to make my ex have supervised visitation?” This is a common request, but the fact is that supervised visitation is an exception,…

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Bankruptcy

Debt Collection and the Fair Debt Collection Practices

Debt Collection and the Fair Debt Collection Practices Act You’re likely reading this because a debt collector is repeatedly calling you trying to collect a debt or because you’ve been served some papers saying a lawsuit has been filed against you to collect a debt.  If so, you should keep reading. A lot of people feel trapped when a debt…

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Administrative Law

Title 9 – Sexual Misconduct in Educational Settings

What is Title 9? Title 9 is a group of federal statutes that governs rules of conduct for individuals enrolled in educational institutions, among other things.  Title 9 deals with sexual harassment, dating violence, discrimination, stalking, and sexual misconduct. The group of laws forces a university to investigate and respond to any of the above types of incidents. What happens…

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Estate Planning

Can someone please explain IRA and RMD to me?

If you own an IRA, eventually you will need to start taking Required Minimum Distributions (RMD) from your IRA, unless it is a ROTH IRA.  ROTH IRAs do not require RMDs as they were funded with after tax money and therefore enjoy special treatment under the tax code. The following chart pulled from the IRS website may be helpful in…

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