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Stewart Whaley

Stewart Whaley

wh Law | We Help.
  • Family Law, Criminal Law
  • Arkansas
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Summary

I grew up in Helena, Arkansas, attended the William H. Bowen School of Law in Little Rock and trained with the National Institute for Trial Advocacy. My practice includes family law and criminal defense. I am a qualified Domestic Relations Attorney ad Litem.

Before entering private practice, I was as a software developer, Chief Privacy & Security Officer, and in-house counsel. I leverage this technical expertise and experience to provide critical legal and technical skill as the impact of digital information and evidence expand in criminal prosecution and domestic relations.

Practice Areas
  • Family Law
  • Criminal Law
Fees
  • Free Consultation
    Free 30 minute consultations.
  • Credit Cards Accepted
    Credit/Debit cards and payment plans
Jurisdictions Admitted to Practice
Arkansas
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8th Circuit
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Languages
  • English: Spoken, Written
Professional Experience
Attorney
wh Law | We Help.
- Current
Attorney
Wilson & Haubert, PLLC
- Current
Criminal defense, family law, prisoner's rights
Co-founder
Open Access Law Firm, PLLC
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Low-cost full and limited-scope legal representation targeted at the "access to justice" problem. Criminal defense, family law, probate, landlord-tenant.
Chief Privacy & Security Officer
Phyzit, Inc.
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Oversight, development and implementation of cyber security, premises security, information privacy, regulatory compliance and in-house counsel for cloud-based healthcare software company.
Education
William H. Bowen School of Law
J.D. (2009) | Law
Honors: Honors graduate
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University of Arkansas - Little Rock
B.A. (2000) | Business Computer Info Systems
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Honors: Honors graduate
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Awards
Outstanding Service
Central Arkansas ReEntry Coalition (CARE)
Recognized for providing legal oversight to the CARE organization. Providing free legal consultations at the annual "Rights After Wrongs" day of service. Attending and supporting "Day of Empathy" by #cut50 at state capital: rally and lobbying.
Professional Associations
Arkansas Association of Criminal Defense Lawyers
Current
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Pulaski County Bar Association
Current
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National Association of Criminal Defense Lawyers
Current
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Publications
Articles & Publications
Arkansas Law Blog
Wilson & Haubert, PLLC
Speaking Engagements
Technology for Good. How To Impact Non-Profits with WordPress, MS-Access and Twilio., Signal Conference 2016, San Francisco, California
Twilio, Inc
Non-profits lack money and developers. Client engagement with SMS and IVR can be highly effective, but often cost-prohibitive. How do we bridge the gap? Let’s review live apps using “low-tech” methods like MS-Access, VBA and WordPress to improve efficiency, resource utilization and outcomes for budget-crunched legal clinics, protect at-risk families and help victims of domestic violence. Along the way you’ll learn to build a WordPress Twilio plugin and have fun. Trust me, I’m a lawyer.
Mobile and Cloud Computing: Trends, Advice and Ethical Considerations, Arkansas Bar Association Annual Convention 2013, Hot Springs, Arkansas
Arkansas Bar Association
Why are cloud and mobile computing important? What are cloud and mobile computing? What are the ethical issues for lawyers? How to evaluate vendors and technology.
Government Internet Resources: Federal, State and Local, Harness the Many Uses of the Internet, Little Rock, Arkansas
DISCOVER THE INVISIBLE WEB
Statutes, Bills and Legislative History Regulations and Agencies Find Court Opinions, Forms, Rules and Dockets
Discover The Invisible Web, Harness the Many Uses of the Internet, Little Rock, Arkansas
DISCOVER THE INVISIBLE WEB
What is the Invisible Web? How Does it Differ From the Visible Web? Learn to Find “Invisible Documents” Where do Old Web Pages Go? Learn to Locate Them
Legal Hacking: Technology and Innovation in the Legal Profession, Legal Hacking: Technology and Innovation in the Legal Profession, William H. Bowen School of Law, Little Rock, Arkansas
Ben J. Altheimer Foundation
Panel moderator at conference. Also organized and competed in legal hackathon focused on developing software solutions to access to justice problems.
Certifications
Certified Information Privacy Professional
International Association of Privacy Professionals
Legal Answers
75 Questions Answered

Q. Is it legal in Arkansas to use deadly force to protect others?
A: In VERY rare circumstances and it should be avoided if possible. See Arkansas Code § 5-2-606. Use of physical force in defense of a person and § 5-2-607. Use of deadly physical force in defense of a person. Despite your interpretation of those statutes, you should remember to err on the side of "do not use deadly force" and discuss any specific facts or occurrence with a criminal defense attorney.
Q. I am married out of Florida. I currently reside in Arkansas with My Step Son and my Children.
A: You need to consult an attorney. There are unanswered facts that will deteremine how you might proceed. If the notarized letter is not a court order, it does nothing. From the information provided, you are not a biological parent and do not have legal custody established. Grandmother has done nothing to establish a right (yet) and dad is the only person with a legal right to custody (though he can't have the child with him).
Q. What is the difference between battery and assault?
A: Battery - cause actual harm. As in, I just hit you with a bat. Assault - threaten to cause harm. As in, I’m going to hit you with a bat!”
Q. I have a friend who has a 15 year old son who is depressed & wants to go live with his father is this legal w/I court?
A: I agree with Patrick. Also, even though he is 15, a parent willing to put a child on the stand to testify in a mom vs. dad situation is not going to score well with the judge. Best if this can be agreed without a hearing.
Q. I have a failure to comply MISD. They issued a warrant and bond is $910.00. Will they take me to jail if I pay part of t
A: Ticket in Arkansas (I see you are in TN)? It varies from court to court, really. You will have to appear on the warrant, then address the misdemeanor. Depending on the court, an attorney could make a big difference in how all it plays out (maybe get the FTA dropped, negotiate the fine down, etc.).
Q. if I leave state with my son would I be charged with kidnapping and if I left him here would it be abandonment.
A: Arkansas has jurisdiction. The child will have to live in the other state at least 6 months (the UCCJEA statute governs this) before you have any legal success in the new state. It sounds like his dad will file in Arkansas before that happens. You should file in Arkansas, if you have sufficient grounds for a custody modification that allows you to become the custodial parent.. If you move out of state you can become the non-custodial parent, receive visitation (less than joint, obviously) and it is not abandonment.
Q. Can I buy a house in my son’s name (11yrs old), so that husband cannot take over half of this asset, in case of divorce?
A: Are you buying the home with marital assets? If so, it is marital property even if you buy it for your son. Consult an estate planning attorney.
Q. If someone were attempting to steal my car, is the use of deadly force justified?
A: No, because you believe they are attempting to steal the vehicle. If you reasonably believe force is necessary to prevent death or great bodily harm, then, you are in a MUCH better position. The carport is likely considered curtilage (basically, an extension of the home) but the main issue is whether deadly force was necessary. A car is just a car.
Q. Can I answer a divorce papers myself on a simple divorce?
A: Yes. You have 30 days. This is often done incorrectly. Find an attorney that will do an uncontested divorce for a low rate.
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Contact & Map
wh Law | We Help
1 Riverfront Pl, Suite 745
North Little Rock, AR 72114
USA
Telephone: (501) 261-2585
Fax: (501) 222-3027
wh Law | We Help
2894 N. McKee Circle, Suite 108
Fayetteville, AR 72703
USA
Telephone: (479) 250-0560
Fax: (501) 222-3027
wh Law | We Help
1237 Front Street
Conway, AR 72032
USA
Telephone: (501) 261-2585
Fax: (501) 222-3027
wh Law | We Help
301 Roya Ln #1
Bryant, AR 72022
USA
Telephone: (501) 261-2585
Fax: (501) 222-3027
wh Law | We Help
206 North First Street
Cabot, AR 72023
USA
Telephone: (501) 261-2585
Fax: (501) 222-3027