Arkansas Law Blog

Civil 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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Administrative Law, 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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Estate Planning

How Not to Lose Your Home

In my job as an estate and elder law attorney, I speak to people who have decided to start their end of life planning on a daily basis.  As a part of the first conversation I have with these folks, I usually ask what made them decide to start planning now.  Many people live into their seventies before they decide

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Estate Planning

How does an Arkansas Power of Attorney Work?

We often deal with clients who need an estate plan, but don’t realize they need what’s called a “power of attorney” or “POA.” One of the main questions we ask when we draft estate plans is, “who do you want to take care of your money when you can’t do it yourself?” This is a hard question for most people

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Criminal Law

What does it mean to get your criminal record “sealed?”

Having your criminal record “sealed” (or “expunged”) is the process of having your criminal record made confidential.  If your record is sealed, the documents will be hidden from public view, but will not actually be destroyed, unless the convictions occurred while you were a minor. However, once you get a conviction sealed, you can legally pretend like it never happened. 

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Family Law

Child Custody Through Their Eyes

Divorce can be a tough conversation to have with your children. We talked to two adults who were open about their childhood and what it looked like going between their birth parents. These are their stories about child custody and what they had to say about it. Their names have been altered, but their story has not. Through their accounts

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