Arkansas Law Blog

Elder Law

Fear of Losing Control

My job as an estate and elder law attorney brings me into contact with people on a daily basis who have decided to begin their end-of-life planning. As a part of the initial conversation I have with clients, I usually ask what made them decide to do this planning now. After all, many of them have lived 70+ years and

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Family Law

How Much Does an Arkansas Divorce Cost?

The Quick, Easy, and Cheap Arkansas Divorce I talk to a lot of people who need divorces. Everyone wants them to be quick and easy, and most want them to be cheap. To that end, many of these people don’t have much money and want advice about whether they can complete their divorce without an attorney to save on divorce

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Civil Law

How to evict someone in Arkansas

Depending on where in the state you live, Arkansas law provides for up to three types of eviction processes. Here we will address the most common and, in our view, the most effective process. Arkansas Unlawful Detainer What is Unlawful Detainer? Unlawful Detainer is a civil process used by an Arkansas landlord when the landlord feels the tenant has violated

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Criminal Law

What is a DRE Officer?

A DRE is a Drug Recognition Evaluation trained law enforcement officer. This officer has been through specific training to detect signs of intoxication for DWI Drug offenses. The DRE officer follows a DRE manual which defines a drug as follows: “any substance, which, when taken into the human body, can impair the ability of the person to operate a vehicle

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Criminal Law

Sex Offender Deregistration

Incarceration and registration for a sex crime is often a dehumanizing experience. However, Arkansas provides a process for terminating the requirement to register as a sex offender after fifteen years, if you meet the requirements of Arkansas Code § 12-12-919. The statute that allows this, “termination of obligation to register,” (§ 12-12-919), provides a mechanism for qualifying Arkansas sex offenders

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Appeals

Can I Appeal a Decision Before the Case is Over?

I sure hate to do this to you, but I’ve got to: “It all depends.” Most of the time, you have to wait until the end of a case to appeal a judge’s decision. This includes rulings that may have occurred along the way, even if they were decided long before the final decision. And it applies even if one

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Appeals

How Does A Judge Decide an Appeal?

An appeal decision is not as straightforward as you might think. To illustrate the point, I need to point you to an area in which I am almost completely stupid: Football. I basically watch enough football to be dangerous. I don’t really understand what’s going on, but I know enough to be able to shout things at the television that

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Criminal Law

Inmate Medical and Mental Health Care Rights

Inmate Medical and Mental Health Care Rights All prisoners have a right to adequate medical care, mental health care, and equal treatment which is guaranteed by the Constitution and federal law. Overcrowding, understaffing, and civil rights violations in Arkansas prisons became national news in 1968 when prison superintendent Tom Murton uncovered 3 skeletons at Cummins Unit. Murton’s attempt to reform

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Appeals

Appeal Process: How Long Does an Appeal Take?

The entire appeal process in Arkansas can take as little as four months and up to two years. The four-month figure is not realistic, but it’s theoretically possible. It would require that everyone involved (appellant, appellee, court reporter, circuit clerk, trial court, Supreme Court clerk, and appeals court) handle their business immediately. This never happens. Appeal Process: After Trial Court

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Criminal Law

One Leg Stand

The “one leg stand” is the third and final Standardized Field Sobriety Test a police officer will use on a person they have stopped for suspicion of driving while intoxicated in Arkansas. The one leg stand is broken into two parts. First is the Instruction stage. Second is the Balance and counting stage.  In the Instruction stage the person is

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