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W. Whitfield Hyman

W. Whitfield Hyman

Defended over a thousand criminal cases.
  • Criminal Law, DUI & DWI, Immigration Law...
  • Arkansas
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Summary

Whitfield has defended over a thousand criminal cases and has about several trials a month. While in law school in Fayetteville, Whitfield was President of the Federalist Society for Law & Public Policy Studies and founder of the Criminal Law Society and a member of the International Law Society, the Christian Legal Society, and the Arkansas Trial Lawyers Association. Whitfield also obtained prestigious externships, working for the Honorable Judge Chadd Mason in the Circuit Court of Washington and Madison Counties and Congressman Steve Womack in Arkansas’ 3rd Congressional District. Whitfield grew up in Marion, Arkansas and made his way to NWA after attending undergraduate at the University of Central Arkansas where he majored in International Trade Economics with a double minor in German and International Studies. While at UCA Whitfield accepted scholarships which allowed him to study abroad in Germany and Canada, he also worked as an intern for the Department of State at the United States Embassy to Greece in Athens.

Practice Areas
  • Criminal Law
  • DUI & DWI
  • Immigration Law
  • Personal Injury
  • Appeals & Appellate
  • Divorce
Fees
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
Arkansas
Languages
  • English: Spoken, Written
  • German: Spoken
Professional Experience
Law Clerk in Drug Court
Arkansas 4th Judicial District
Education
University of Arkansas - Fayetteville
J.D. / Law
University of Central Arkansas
B.A. / Economics
Professional Associations
Arkansas Association of Criminal Defense Lawyers
Member
Current
The Arkansas Bar Association
Member
Current
The American Bar Association
Member
Current
The NORML Legislative Council
Member
Current
The Federalist Society for Law and Public Policy
Member
- Current
Legal Answers
9 Questions Answered

Q. What is possession of a controlled substance 5644195iii?
A: Sounds like possession of a schedule iii drug which can be a misdemeanor but is often a felony based on the amount. Here are a list of schedule iii drugs: https://www.google.com/url?sa=t&source=web&rct=j&url=http://www.healthy.arkansas.gov/aboutADH/RulesRegs/controlled_substances_list.pdf&ved=0ahUKEwiOw7T-zofUAhVM44MKHSsdBdcQFggdMAA&usg=AFQjCNHpX47t5XlTFFkLSKqVK-El1b1rzQ&sig2=BMaAnu-EepCpwmH9FUSodw As to whether it is a felony or misdemeanor, check the weight (less than 2 grams is a misdemeanor).
Q. What Arkansas law cover the act of retail return fraud?
A: If I had to guess, theft by deception. http://law.justia.com/codes/arkansas/2014/title-5/subtitle-4/chapter-36/subchapter-1/section-5-36-103
Q. Is it illegal for a minor in Arkansas to possess an empty wine bottle that is completely devoid of alcohol?
A: It is not against the law to have the bottle. If they still find you guilty you can possibly sue under the administrative procedures act if their decision to punish you was arbitrary and capricious. They might have entered your dorm room illegally in violation of the 4th Amendment even if they asked your permission to enter and you gave it. If so, they shouldn't be able to punish. Call me if you have any questions.
Q. Is a unloaded firearm considered a illegal weapon?
A: As long as you haven't been convicted of any disqualifying crimes, you can carry a gun openly and loaded just avoid colleges, publicly owned buildings, areas around k through 12 schools, places with signs prohibiting weapons, and the parking lots of those areas and you'll be fine. Technically I believe you can carry concealed without a license but the attorney general disagrees and you might get convicted and or do jail time while the judges and lawyers sort it out.
Q. Is it illegal to not identify to a police officer in Arkansas
A: It depends on a lot of different factors. If you do not have a concealed carry license, are not the driver of a car that has been pulled over, are not loitering under the statute or otherwise possibly violating the law in a way that can be observed by someone else then probably not unless there has been a report of a crime in the area. However, you never know if someone else has reported a crime. Read rules 2, 3, and 4 of The Arkansas Rules of Criminal Procedure in order to determine if the facts of your case would force you to identify yourself: https://courts.arkansas.gov/rules-and-administrative-orders/rules-of-criminal-procedure
Q. Where can I find a stop and identify law or code
A: It's kind of a misnomer. It could refer to the Obstructing Government Operations statute where you can't falsely identify yourself, the Loitering statute where it says that if you don't identify yourself that is a factor in whether or not you are loitering, or the concealed carry license statute which says that if you're stopped by a police officer you have to tell him you're carrying a weapon.
Q. Is having there seeds enough to test and charge u for p o c s . .
A: In Arkansas the seeds have to be viable, as in, able to germinate and grow, in order to be considered PCS.
Q. Would playing the mobile game Pokemon Go in an area considered public (parks, side walks, public buildings)be loitering
A: No.
Q. If you get in an auto accident causing property damage and your BAC is .07, can you be convicted of DWI?
A: Yes, it is possible. The prosecution will try to prove using retrograde extrapolation that you were over .08 at the time of the accident or that for you .07 is enough alcohol in your bloodstream to be intoxicated. I would suggest hiring a lawyer who can give your case the attention to detail it deserves so you can beat that charge.
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Contact & Map
Fayetteville Location
103 North College Ave
Suite 7
Fayetteville, AR 72701
USA
Telephone: (479) 782-1125
Cell: (901) 413-2625
Fax: (479) 316-2252
Main Office
300 N 6th Street
Fort Smith, AR 72901
USA
Telephone: (479) 782-1125
Cell: (479) 221-3111