Criminal Procedure - Arkansas Distinctions

Front 1

Warrantless Misdemeanor Arrests

Back 1

Arrests without a warrant are permissible in misdemeanor cases in Arkansas if the arresting officer has a reasonable cause to believe that the defendant has committed:
(1) A specific offense in the officer's presence;
(2) A traffic offense involving physical injury, property damage, or driving while impaired;
(3) Any violation of law in the officer's presence; or
(4) An act constituting both a crime and domestic abuse within four months preceding the arrest.

Front 2

Investigatory Detentions (Stop and Frisk)

Back 2

Arkansas law requires reasonable suspicion to justify an investigatory detention. May consider may things: conduct, gait and manner, personal knowledge of the background and character of the suspect, whether and what the suspect is carrying, suspect's manner of dress (including bulges), particular area involved, information from third persons, the fact that the suspect is consorting with other reasonably suspect persons, proximity to known criminal conduct, suspect's effort to conceal an article, and the suspect's effort to avoid identification or confrontation by police. May not detain a suspect for more than 15 minutes.

Front 3

Speedy Trial

Back 3

Defendant must be brought to trial within one year from the date he's arrested or charged. If not, his remedy is dismissal of charges. However, a delay resulting from "good cause" will be excluded in calculating one-year period.

Front 4

Prosecutorial Duty to Disclose Exculpatory Information

Back 4

In Arkansas, the prosecutor must disclose to defense counsel, upon request, a number of items, including:
(1) Names and addresses of prosecution witnesses;
(2) Statements made by the defendant or any co-defendant; and
(3) Reports or statements of experts.

Front 5

Right to a Public Trial

Back 5

In Arkansas, no rule of court or judicial order may be promulgated that prohibits representative of the news media from broadcasting or publishing any information in their possession relating to a crime.

Front 6

Right to Jury Trial

Back 6

Arkansas Constitution gives defendants the right to a jury trial for all criminal cases.

Front 7

Number and Unanimity of Jurors

Back 7

The normal requirement is for unanimity of a jury of 12.

Front 8

Right to Counsel

Back 8

Arkansas law provides that a defendant's right to have appointed counsel is to be determined at the "first appearance." No further steps in the proceedings, other than a pretrial release inquiry, may be taken until the defendant has an opportunity to confer with his lawyer.

Front 9

Sufficiency of Evidence

Back 9

Where there has been a jury trial, failure of the defendant to move for a directed verdict at the conclusion of the prosecution's presentation of evidence and again at the close of the case will waive any question of sufficiency of evidence to support the verdict.

Front 10

Factual Basis for Plea

Back 10

In Arkansas, the court may not enter a judgment upon a plea without a determination that there is a factual basis for the plea.