Jay Moore, Attorney at Law

Jay Moore, Attorney at Law NW Arkansas attorney who has practiced for 15 years who handles a wide variety of legal issues a private, positive, and professional manner.

10/05/2021

Friends, in the spirit of continuing to share legal tidbits here on Facebook, below is Arkansas' latest update pertaining to divorce/paternity and child custody.

Earlier this year, the Arkansas Legislature via Act 604 of 2021, amended Arkansas's old law pertaining to initial child custody determinations.

Ark Code Ann 9-13-101(a)(1)(A), now reads .... Courts hearing a divorce or paternity matter for the first time shall presume that joint custody is in the best interest of the child/children, unless there is clear and convincing evidence that joint custody is not in the best interest of the child/children.

If you or someone you know have questions about family law, including divorce, visitation, support, paternity, etc. give me a call or shoot me a message. Jay

08/25/2021

Friends, I plan to start occasionally posting on social media about legal topics that come up in many of our situations. Today will be Estate Planning Basics, terms defined. Obviously, reach out if you need further information or need any of these legal documents. Thanks! Jay

Power of Attorney - A written documents that allows person A to act on behalf of person B while person B is still coherent and able to understand what’s going on. Usually applies to legal, financial, or healthcare matters.

Durable Power of Attorney - The same as a regular power of attorney except person A has the ability act on behalf of person B even when person B is incapacitated or unable to make their own decisions.

Living Will - A written document by person A instructing medical professionals what type of treatment and care person A would like should they become incapacitated or unable to their own decisions.

Health Care Proxy - A written document whereby person A designates person B to make health care decisions if person A should be come incapacitated or unable to make their own decisions.

Revocable Trust/Living Trust - An estate planning tool, legal document, whereby a person places some or all of their assets, old or new, in order to give to his or her beneficiaries after his or her death.

Pros of a trust: It helps avoid probate, allows someone you trust to manage your assets should you become incapacitated, usually cheaper than probate.

Cons of a trust: usually doesn’t offer much tax or asset protection.

Feel free to message, email or call if you would like to discuss your particular situation .

[email protected]

08/16/2021

Friends, I wanted to pass along that recently the currently Arkansas DWI look-back period went from 5 years to 10 years.

In practice, this means multiple DWI's could now be more costly, depending on when they are committed. As always, dont over drink and drive. Uber and other ride-share services are much more cost effective, plus you don't put innocent folks at risk.

For further information or reference to the statute please see Arkansas Act 274 of 2021 or contact me. Act 274 effectively amended Arkansas Code 5-65-111 to include the 10 year look-back period language.

This change also affects folks with DWI convictions older than 5 years who were thinking of filing a Petition and Order to Seal said conviction. If this applies to you and you cant determine where you fall fell free to shoot me a message or call. Jay

01/31/2021

Call me if you or a friend encounters criminal issues. Speeding tickets, DWI’s, drugs, etc.

Stay smart, 2021!

01/01/2021

Call an Uber or a friend! Don’t drink and drive.

Happy 2021 friends!

Jay

The gall some of these people have...smh
04/18/2020

The gall some of these people have...smh

BEWARE - SCAMMERS PRETENDING TO BE FROM WCSO - AGAIN

This type of scam seems to happen every few months....and unfortunately, it is making the rounds again...with a little COVID twist.

We were notified by a local resident today that they almost fell victim to a scammer pretending to be “Officer Shepard” from the Washington County Sheriff’s Office. NOTE: We don’t have an Officer Shepard.

This is long, but we are sharing what was reported in hopes that it might prevent someone from falling victim to this scammer.

In this instance, it was reported the scammer called the potential victim and advised they had failed to respond to a letter that had been mailed on a specific date in January that ordered them to appear for federal jury selection. The scammer continued to explain that, due to their failure to appear, there were 2 citations against them - failure to appear and contempt of court. The scammer asked the potential victim to write down 2 citation numbers which he said they would need once they arrived at the Sheriff's Office. He said that “Judge Sizemore” was wanting such citations handled by phone, if possible, due to the current COVID-19 epidemic. He explained that the potential victim was not in trouble but they would need to come immediately to the Sheriff's Office to complete necessary paperwork and be given a new court date, which would occur in 7-10 days.

The scammer advised since court is closed at this time, they would be meeting with the "clerk of courts" to get paperwork showing the charges against the potential victim would be dismissed. He further explained that they would need to pay the surety bond on each charge, a total of $3000 ($1500 per charge). He said that this would be refunded once the potential victim appeared at the next court date. He also said that they could not disconnect the call, for doing so would be considered "failure to comply".

The scammer "officer" told the potential victim that they were to enter the administration department of the Sheriff's Office and utilize a kiosk. He said that they could talk to a receptionist and that the receptionist would provide the potential victim with a place to sit while they completed their paperwork, but the citation numbers he had previously given would be needed when they accessed the kiosk.

The potential victim found a way to place the scammer "officer" on mute and contacted their attorney, who asked them to merge the calls. The attorney asked the scammer "officer" to explain to him what was happening. The scammer told him what he was requiring of the potential victim and gave the attorney a federal case number when he asked for it, but would not email him copies of the citations. He told the attorney that the potential victim would be given all of that at the Sheriff's Office. The attorney wanted confirmation that the "officer" needed the potential victim to come to the Sheriff's Office today to be officially served and given a new court date. The scammer "officer" confirmed this was the case but mentioned nothing about the potential victim having to pay the surety bonds.

The attorney contacted the Sheriff’s Office and determined it was a scam.

The potential victim advised the scammer was well educated about criminal processes. He had no problem discussing this with their attorney and answered the attorney's questions with accurate responses, which led them to originally believe the charges against the potential victim were legitimate.

We don’t know what might have happened if the potential victim had made it all the way to the Sheriff’s Office, but we’re glad they didn’t!

Something similar actually happened a few years ago where the scammer pretended to be a detective with the Sheriff’s Office and asked them to come to the SO to pay for a charge against them, but once they got to the SO, the scammer talked them into giving their card number over the phone and advised they “would be right out”, or something similar. Obviously the scammer never showed up. These scammers can be very convincing...and they sometimes even “spoof” their phone number to make it appear the call is from the Sheriff’s Office on their caller ID.

So, we just want to take this opportunity to remind you that the Washington County Sheriff's Office will never solicit payment over the phone...we will never ask you to get a money card to clear up an outstanding warrant (or anything similar), and if you receive a call from someone purporting to be from the Washington County Sheriff's Office and they solicit money from you...for whatever reason....or if you're not sure of the legitimacy of the call, please take the time to give us a call to make sure it's actually us.... (it's always best to look the phone number up yourself to make sure you actually get the Sheriff's Office) or save this post and call us at (479) 444-5712.

04/18/2020

Friends, be aware of several scams going around during these times. Today, a friend/client of mine was contacted by "Lt. Jackson" of the "Washington County Sheriff's Office" about his/her failure to appear for jury duty. Obviously, the client never failed to appear for jury duty, but was concerned when "Lt. Jackson" informed the client that he/she had a warrant for his/her arrest.

"Lt. Jackson's" accent was not Asian or European, but in fact sounded local. The phone number even appeared as a local number. Suspicious, the client called me from their spouses phone with the scammer on the line. The client then 3-way called me from his/her phone and merged calls so I could ask "Lt. Jackson" some questions. "Lt. Jackson" wanted the client to come down to the Sheriff's Office so they could serve the warrant upon the client and give the client a citation for a future court date. "Lt. Jackson" also wanted to confirm the client's address to double check the jury summons was sent to the correct place.

Ultimately, I told "Lt. Jackson" to call me separately so we could speak and I could get further information. We all hung up and I immediately called the Sheriff's Office to determine if there was in-fact a warrant, which of course, there was not. Additionally, the Deputy at the Sheriff's Office who answered the phone confirmed they have had several of these scam calls lately.

I believe the intent of the call was to have the client leave his/her house so burglars could then break-in and steal at their leisure. Please, be careful if you get these types of calls. They are scams and you can check if you have a warrant on the Sheriff's Office page. Also, do not verify any information over the phone and do not scurry out in a rush in this type of situation leaving your home unattended.

Kindly,

Jay

Address

3945 N Vantage Drive
Fayetteville, AR
72703

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