#GivingTuesday for Accessible Legal Services

Accessible Legal Services was formed one year ago as a creative way to cater to lower to middle class clients in order to bridge the gap in legal services. Accessible Legal Services is the only fully functioning nonprofit law firm in operation in the State of Arkansas, and by providing access to justice and education, we improve our clients’ quality of life and value to the community.

Accessible Legal Services is committed to providing relief to a huge segment of the population in Arkansas who cannot afford a full-priced attorney, but who do not qualify for free legal assistance. Arkansas is seeing a dramatic increase in the number of litigants without legal representation. While the need for affordable legal services continues to increase, the resources available to provide those services are shrinking. There has been much discussion about the disappearing middle class and the plight of the working class. The average Arkansan has little or no retirement or personal savings, and if a legal problem arises, many Arkansans are unable to afford an attorney. Many people in Arkansas find themselves in situations where they are forced to choose between paying their bills or paying for an attorney.

Our nonprofit handles client claims on a case-by-case basis, taking into account the client’s household size and income. By indexing our hourly rate to a client’s income, Accessible Legal Services is doing something similar to what economists call “price discrimination,” which is charging different prices to different groups based on their ability to pay. Accessible Legal Services’ model is more finely tuned, and more responsive to their client’s needs. Each step up the income ladder, people who can pay more subsidize those who cannot. As a result, we are attempting to level a playing field that has been notoriously uneven for years, serving a constituency, the modest means middle class, that often feels itself forgotten between attempts to cater to the rich and aid the poor.

The second aspect of our program is to provide the skills necessary to get out of poverty to a segment of our community that has never received those skills, whether it is generational poverty or situational poverty. We teach Life Skills and Getting Ahead classes in the Garland County Detention Center and in inpatient drug treatment places around Hot Springs. Regarding the Life Skills classes, we combine instruction in applied skills training, basic academics, violence reduction, and the acquisition of moral values and life skills needed for inmates to successfully reintegrate into society. In the Getting Ahead classes, we utilize a prisoner reentry model. These classes reduce recidivism by building resources, accountability, and collaboration throughout the community.

Most recently, we have added a third aspect to our program, which includes low bono immigration legal services. Since there are so few immigration attorneys that practice in, and around Hot Springs, those attorneys charge exorbitant fees for their immigration related services. These fees are being waged against a segment of the population that has no way of paying them. As such, Accessible Legal Services has bridged that gap by offering our services to that segment of the population, again on a case-by-case basis, dependent on household size and income. The Court and judicial system can be incredibly difficult to understand and navigate, particularly for immigrants.

Because we are engaged in three different programs in our community, the cost of those programs can become quite expensive to operate. Therefore, we are requesting assistance from you to assist us in these costs.

Bridging the Justice Gap

Most individuals cannot afford the outlandish rates of legal services today; consequently, low-income Americans are left without any reprieve or solutions in a variety of legal arenas. Unless these individuals are in a criminal case (or they’re one of the few that qualifies and is accepted for legal aid work), they do not have access to legal services, and justice is not met.

Accessible Legal Services handles many different types of cases, including immigration, expungement/pardons, as well as divorce, custody and support cases. Accessible Legal Services hopes to address these underserved populations, bridging the justice gap and providing affordable, low bono legal services to low to moderate income individuals and families.

The firm’s unusual pricing system provides an edge. By indexing its hourly rate to clients’ incomes, Accessible Legal Services is doing something similar to what economists call “price discrimination”—charging different prices to different groups based on their willingness to pay.  Customers’ ability to pay rarely figures in directly when firms price discriminate: A restaurant may offer a price for seniors based on the assumption that seniors have less disposable income, but you’re out of luck if you’re a middle-aged person on a senior citizen’s budget. Accessible Legal Services’ model is more finely tuned, and more responsive to people’s needs. Each step up the income ladder, people who can pay more subsidize those who can’t.

Charging everyone ensures that all clients have skin in the game. Legal aid firms sometimes have issues with people draining out a bunch of time and staff on less-than-pressing problems. Charging fees, in turn, keeps everybody accountable: It keeps us accountable to the client because they’re paying us—and it keeps them accountable because we have made the model work by keeping costs low—including the attorney’s salaries.

For more information about Accessible Legal Services to make employment and volunteer inquiries, or to donate, please call us at (501) 620-4242, email us at angela@angelaecholslaw.com.  Thank you for all of your generous support!

 

Terminating The Need To Register In Arkansas As A Sex Offender

Arkansas law allows for convicted sex offenders to terminate their obligation to register. This topic is currently receiving attention in our state as the waiting requirement to request termination has now passed for certain persons. If you have been convicted of a sex offense in Arkansas, and you meet the requirements discussed below, then contact Accessible Legal Services at 501-620-4242 to begin the process of terminating your registration requirements.

Arkansas allows for those convicted of a sex offense to request that they no longer be required to register

Arkansas’ criminal code allows one to request an Order from the Court stating that they no longer be required to register as a sex offender. Arkansas Code 12-12-919 allows for one to apply for termination of the registration requirement if it has been fifteen years since they were released from prison or since they were first placed on probation. The first step of ending the obligation to register is to file an application with the Court. The Court will schedule a hearing at which the prosecutor may request that registration requirements continue. The State will be permitted to call witnesses and present evidence in support of any claim that one should remain required to register as a sex offender in Arkansas.

Terminating the requirement to register as a sex offender can have enormous benefits. Termination means that one no longer has to worry about their neighbors finding out through a database that they have been convicted of a sex offense. Terminating the obligation also reduces the risk that one will pick up a new charge for failing to register or updating basic information such a home address. Our lawyers are able to assist those eligible under Arkansas law to terminate the need to register as a sex offender.

Arkansas residents wishing to terminate their sex offender registration requirements should contact an attorney

If you wish to terminate Arkansas’ requirement that you register as a sex offender then you should contact an attorney immediately. The process of terminating the registration requirement involves several steps in the legal process and making a mistake can result in your application being denied. Properly applying for termination of the requirement means that the correct paperwork must be properly filed with the court. It also requires that a proper notice of the hearing be timely given to the prosecutor. Also, should the prosecutor dispute the termination then having a qualified attorney to argue on your behalf can possibly make the difference between your application being granted or denied.

It is not advisable that you go through the process alone. Call our office today at 501-620-4242 with help through this process.

Why Should You Create a Will?

Drafting a will isn’t something that people look forward to doing – after all, planning for your own mortality isn’t anyone’s idea of recreation. The reality, though, is that having your affairs in order can make life much lighter. Putting your basics down on paper can be a huge help to your family.

The process of creating a will should not be that complicated, but I recommend that people have a professional adviser assist them with doing their will.  For most people, preparing a will and putting their estate plan together usually involves a visit to a lawyer.

 

What people have to recognize is that a will is a very important document, but a will is just one part of the planning process. What you’re really trying to do is to get your affairs in order, but you have to look at your total plan. You have to look at what your assets are, and what they’re likely to be in the future. You have to look at what your family situation is. Everybody’s situation is unique, but you’re trying to get your affairs in order so that when you pass away, everything will be looked after with a minimum of fuss. For most people, a will is the largest part of that plan.

But there are a lot of common things that people place in their will. They have properties in joint tenancy with their spouse and it will pass automatically to that person. They’ll have life insurance that’ll go automatically to a named beneficiary. There’s a lot of other things that you want to d,o and the process of putting your will together is usually the time that you want to review all of those things, to make sure you’re not leaving your life insurance to your ex-spouse, things like that.

One of the main things to do in a will is appoint an executor who then has legal authority from the moment of death to look after your estate.  One of the first things that an executor is instructed to do – gather up the estate assets, but also to pay all the debts, the funeral, testamentary expenses.

 

I’m always a fan of people having a professional adviser to assist them and the reason for that is that the process usually involves a complete review of your own situation, discussion of the law and how it applies to your situation and then what it is you want to do and putting it into effect. It’s actually a fairly complex area of the law and I’ve seen a lot of tragedies and huge bills later on…

With any additional questions about creating a will, contact us at Accessible Legal Services at 501-620-4242.

How To Expunge An Arrest Record

If you are like many people in Arkansas who have a RAP sheet, you have wondered how to expunge an arrest record.

 

Fortunately, many people who have arrest records are eligible to expunge them—it is just a matter of knowing what to do, which forms to file, and where to file the petition. For that reason, most people choose to work with an expungement attorney who understands the law and how it applies in different cases.

Expungement is not a simple process, and many people choose to have an attorney walk them through the process to ensure that they get the best possible outcome.

The first thing you need to expunge your arrests is obtain your complete criminal history. You can get a copy of your rap sheet (that stands for record of arrests and prosecutions) from the agency that arrested you, or you can obtain a copy from ACIC.

Once your lawyer has reviewed your record, she will determine whether you are eligible for expungement or criminal record sealing. If you are eligible, she’ll prepare and file all the documents necessary to clear your name.

What if the Court Won’t Let You Expunge Your Arrest Record?

The court does not have to grant your request to expunge or seal your criminal record. If the state’s attorney objects to your expungement or sealing, your lawyer will be able to argue your case in front of a judge.

What Else Can You Expunge (Besides an Arrest Record)?

In some cases, if you were found guilty of a crime and placed on court supervision, and you successfully completed the term of supervision (and maintained a clean criminal record since then), you could be eligible for expungement or sealing.

Do You Need to Talk to an Attorney About How to Expunge Your Arrest Record?

If you’re thinking about expunging your arrest record, we may be able to help you.

Call Accessible Legal Services at 501-620-4242 for a free case review today. We will look at your situation and start developing a strategy that gets you the best possible outcome.

What is the Criminal Expungment Process?

For many people, the process of expunging or sealing a criminal record is a complicated one—but it does not have to be that way. Working with an expungement attorney from the moment you decide to clear your criminal record can make things simpler (and save you time).

Before you can petition the court to clear your criminal record, you will need a complete copy of that record. You can get your own criminal record by contacting the agency where you were processed, or you can ask request your criminal record from Arkansas Crime Information Center (ACIC).

Once you have your entire criminal record, you can determine whether you are eligible to have your criminal record sealed or expunged. If you are not, you could still be eligible for a pardon through the Governor’s office.

When your attorney determines that you are eligible for expungement, she will file the appropriate petition with the court, and that is the first step in clearing your name and getting the fresh start you deserve.

In some cases, the state’s attorney—the lawyer that represents the State’s best interests in criminal cases—will object to an expungement. If that happens in your case, you may be entitled to a hearing where you can explain your side of the story. Your lawyer can argue on your behalf if the state objects to your petition.

If the judge in your case approves your expungement, the court will order the law enforcement agencies that have your criminal records to seal them.

If you need to talk to an attorney about clearing your name so you can move forward and leave the past behind, call us right away at 501-620-4242 for a free case evaluation. We will look at your record and explain your options, and then we will develop a strategy that gets you the best possible outcome.

Modifying Child Support

For Arkansas parents who are required to pay child support, the laws can be complex and difficult to understand. If a non-custodial parent has a change in their financial situation, such as a new job, they may have to pay more or be allowed to pay less child support.

If a non-custodial parent changes jobs and is paid less, they will have to petition the court to get the child support order changed. Before the modification request is approved, however, the court will consider a variety of factors to determine if the change in the amount of child support is warranted. For example, the non-custodial parent must have a substantial change in circumstances before the modification is approved. Two parents can also make an agreement out of court as long as the new amount of support is within the state’s child support guidelines.

It is important that non-custodial parents who can suddenly no longer afford their child support payments act as quickly as possible. This is because child support modifications are not retroactive, and the parent will still be held responsible for any back child support. Non-custodial parents must file a motion with the court that issued the original order. If parents reach an agreement outside of court, the agreement must be put in writing and be signed by a judge.

When parents cannot come to an agreement regarding child support outside of court, a family law attorney may assist with filing a modification request in court. The lawyer may also help gather financial evidence to back the request.  If you need this type of assistance, call Accessible Legal Services at 501-620-4242.