Arkansas Rules of Criminal Procedure

Here you will find only those sections of the Criminal Procedure that have relevance to other domestic violence law. The information below was last updated from the Arkansas Judiciary Website on July 26, 2004.  If you notice text that needs to be updated, please contact us. 

---

AR Rules of Criminal Procedure (external link to full code)

Rule 2.1. Definitions.

For the purposes of this Article, unless the context otherwise plainly requires: 

"Reasonable suspicion" means a suspicion based on facts or circumstances which of themselves do not give rise to the probable cause requisite to justify a lawful arrest, but which give rise to more than a bare suspicion; that is, a suspicion that is reasonable as opposed to an imaginary or purely conjectural suspicion. 

Rule 2.2. Authority to request cooperation.

(a) A law enforcement officer may request any person to furnish information or otherwise cooperate in the investigation or prevention of crime. The officer may request the person to respond to questions, to appear at a police station, or to comply with any other reasonable request. 

(b) In making a request pursuant to this rule, no law enforcement officer shall indicate that a person is legally obligated to furnish information or to otherwise cooperate if no such legal obligation exists. Compliance with the request for information or other cooperation hereunder shall not be regarded as involuntary or coerced solely on the ground that such a request was made by a law enforcement officer. 

Rule 2.3. Warning to persons asked to appear at a police station.

If a law enforcement officer acting pursuant to this rule requests any person to come to or remain at a police station, prosecuting attorney's office or other similar place, he shall take such steps as are reasonable to make clear that there is no legal obligation to comply with such a request. 

Rule 3. Detention Without Arrest

Rule 3.1. Stopping and detention of person: time limit.

A law enforcement officer lawfully present in any place may, in the performance of his duties, stop and detain any person who he reasonably suspects is committing, has committed, or is about to commit (1) a felony, or (2) a misdemeanor involving danger of forcible injury to persons or of appropriation of or damage to property, if such action is reasonably necessary either to obtain or verify the identification of the person or to determine the lawfulness of his conduct. An officer acting under this rule may require the person to remain in or near such place in the officer's presence for a period of not more than fifteen (15) minutes or for such time as is reasonable under the circumstances. At the end of such period the person detained shall be released without further restraint, or arrested and charged with an offense. 

Rule 3.2. Advice as to reason for detention.

A law enforcement officer who has detained a person under Rule 3.1 shall immediately advise that person of his official identity and the reason for the detention. 

Rule 3.3. Use of force.

A law enforcement officer acting under the authority of Rule 3.1 may use such nondeadly force as may be reasonably necessary under the circumstances to stop and detain any person for the purposes authorized by Rules 3.1 through 3.5. 

Rule 3.4. Search for weapons.

If a law enforcement officer who has detained a person under Rule 3.1 reasonably suspects that the person is armed and presently dangerous to the officer or others, the officer or someone designated by him may search the outer clothing of such person and the immediate surroundings for, and seize, any weapon or other dangerous thing which may be used against the officer or others. In no event shall this search be more extensive than is reasonably necessary to ensure the safety of the officer or others. 

Rule 3.5. Stop of witness to crime.

Whenever a law enforcement officer has reasonable cause to believe that any person found at or near the scene of a felony is a witness to the offense, he may stop that person. After having identified himself, the officer must advise the person of the purpose of the stopping and may then demand of him his name, address, and any information he may have regarding the offense. Such detention shall in all cases be reasonable and shall not exceed fifteen (15) minutes unless the person shall refuse to give such information, in which case the person, if detained further, shall immediately be brought before any judicial officer or prosecuting attorney to be examined with reference to his name, address, or the information he may have regarding the offense. 

Rule 4. Arrest: General Provisions

Rule 4.1. Authority to arrest without warrant.

(a) A law enforcement officer may arrest a person without a warrant if: 
(i) the officer has reasonable cause to believe that such person has committed a felony; 
(ii) the officer has reasonable cause to believe that such person has committed a traffic offense involving: 
(A) death or physical injury to a person; or 
(B) damage to property; or 
(C) driving a vehicle while under the influence of any intoxicating liquor or drug; 
(iii) the officer has reasonable cause to believe that such person has committed any violation of law in the officer's presence; 
(iv) the officer has reasonable cause to believe that such person has committed acts which constitute a crime under the laws of this state and which constitute domestic abuse as defined by law against a family or household member and which occurred within four (4) hours preceding the arrest if no physical injury was involved or 12 (twelve) hours preceding the arrest if physical injury, as defined in Ark. Code Ann. § 5-1-102, was involved; [also see this note] 
(v) the officer is otherwise authorized by law. 
(b) A private person may make an arrest where he has reasonable grounds for believing that the person arrested has committed a felony. 
(c) An arrest shall not be deemed to have been made on insufficient cause hereunder solely on the ground that the officer or private citizen is unable to determine the particular offense which may have been committed. 
(d) A warrantless arrest by an officer not personally possessed of information sufficient to constitute reasonable cause is valid where the arresting officer is instructed to make the arrest by a police agency which collectively possesses knowledge sufficient to constitute reasonable cause. 
(e) A person arrested without a warrant shall not be held in custody unless a judicial officer determines, from affidavit, recorded testimony, or other information, that there is reasonable cause to believe that the person has committed an offense. Such reasonable cause determination shall be made promptly, but in no event longer than forty-eight (48) hours from the time of arrest, unless the prosecuting attorney demonstrates that a bona fide emergency or other extraordinary circumstance justifies a delay longer than forty-eight (48) hours. Such reasonable cause determination may be made at the first appearance of the arrested person pursuant to Rule 8.1. 

Reporter's Notes, 2001. Concerning subsection (a) (iv), see Ark. Code Ann. §16-81-113 (a)(1), as amended by Act 1421 of 2001. Subsection (a) (v) is intended to incorporate current and future statutes authorizing an arrest without a warrant. Examples of such statutory authority include Ark. Code. Ann. § 5-4-309 (warrantless arrest for violation of probation); Ark. Code. Ann. § 5-36-116 (warrantless arrest for shoplifting); Ark. Code. Ann. § 5-53-134 (warrantless arrest for violation of protective order); Ark. Code Ann. § 16-81-114 (warrantless arrest for gas theft); and Ark. Code. Ann. § 16-93-705 (warrantless arrest for violation of parole). 

Rule 4.2. Authority to arrest with warrant.

Any law enforcement officer may arrest a person pursuant to a warrant in any county in the state. 

Rule 4.3. Arrest pursuant to warrant: possession of warrant unnecessary.

A law enforcement officer need not have a warrant in his possession at the time of an arrest, but upon request he shall show the warrant to the accused as soon as possible. If the officer does not have the warrant in his possession at the time of the arrest, he shall inform the accused of the fact that the warrant has been issued. 

Rule 4.4. Procedures on arrest.

Upon making an arrest, a law enforcement officer shall 
(a) identify himself as such unless his identity is otherwise apparent; 
(b) inform the arrested person that he is under arrest; and 
(c) as promptly as is reasonable under the circumstances, inform the arrested person of the cause of the arrest. 

Rule 4.5. Limitations on questioning.

No law enforcement officer shall question an arrested person if the person has indicated in any manner that he does not wish to be questioned, or that he wishes to consult counsel before submitting to any questioning. 

Rule 4.6. Procedures on arrest: prompt taking to police station.

Any person arrested, if not released pursuant to these rules, shall be brought promptly to a jail, police station, or other similar place. The arresting officer may, however, first take the person to some other place, if: 
(a) the person so requests; or 
(b) such action is reasonably necessary for the purpose of having the person identified: 
(i) by a person who is otherwise unlikely to be able to make the identification; or 
(ii) by a person near the place of the arrest or near the scene of a recently committed offense. 

Rule 5. Release By A Law Enforcement Officer Acting Without An Arrest Warrant

Rule 5.1. Definitions.

For the purposes of this Article, unless the context otherwise plainly requires: 
(a) "Citation" means a written order, issued by a law enforcement officer who is authorized to make an arrest, requiring a person accused of violating the law to appear in a designated court or governmental office at a specified date and time. 
(b) "Summons" means an order issued by a judicial officer or, pursuant to the authorization of a judicial officer, by the clerk of a court, requiring a person against whom a criminal charge has been filed to appear in a designated court at a specified date and time. 
(c) "Order to appear" means an order issued by a judicial officer at or after the defendant's first appearance releasing him from custody or continuing him at large pending disposition of his case but requiring him to appear in court or in some other place at all appropriate times. 
(d) "Release on own recognizance" means the release of a defendant without bail upon his promise to appear at all appropriate times, sometimes referred to as "personal recognizance." 
(e) "Release on bail" means the release of a defendant upon the execution of a bond, with or without sureties, which may be secured by the pledge of money or property. 
(f) "First appearance" means the first proceeding at which a defendant appears before a judicial officer. 

Rule 5.2. Authority to issue citations.

(a) A law enforcement officer in the field acting without a warrant who has reasonable cause to believe that a person has committed any misdemeanor may issue a citation in lieu of arrest or continued custody. 
(b) When a person is arrested for any misdemeanor, the ranking officer on duty at the place of detention to which the arrested person is taken may issue a citation in lieu of continued custody. 
(c) Upon the recommendation of a prosecuting attorney, the ranking officer on duty at the place of detention to which the arrested person is taken may issue a citation in lieu of continued custody when the person has been arrested for a felony. 
(d) In determining whether to continue custody or issue a citation under (a) or (b) above, the officer shall inquire into and consider facts about the accused, including but not limited to: 
(i) place and length of residence; 
(ii) family relationships; 
(iii) references; 
(iv) present and past employment; 
(v) criminal record; and 
(vi) other relevant facts such as: 
(A) whether an accused fails to identify himself satisfactorily; 
(B) whether an accused refuses to sign a promise to appear pursuant to citation; 
(C) whether detention is necessary to prevent imminent bodily harm to the accused or to another; 
(D) whether the accused has ties to the jurisdiction reasonably sufficient to assure his appearance and there is a substantial likelihood that he will respond to a citation; 
(E) whether the accused previously has failed to appear in response to a citation.

Rule 5.3. Form of citation.

(a) Every citation shall: 
(i) be in writing; 
(ii) be signed by the officer issuing it with the title of his office; 
(iii) state the date of issuance and the municipality or county where issued; 
(iv) specify the name of the accused and the offense alleged; 
(v) designate a time, place, and court for the appearance of the accused; and 
(vi) provide a space for the signature of the accused acknowledging his promise to appear. 
(b) Every citation shall inform the accused that failure to appear at the stated time, place, and court may result in his arrest and shall constitute a separate offense for which he may be prosecuted. 

Rule 5.4. Procedure for issuing citations.

(a) In issuing a citation the officer shall deliver one (1) copy of the citation to the accused. 
(b) The officer shall thereupon release the accused or, if the person appears mentally or physically unable to care for himself, take him to an appropriate medical facility. 
(c) As soon as practicable, one (1) copy of the citation shall be filed with the court specified therein, and one (1) copy shall be delivered to the prosecuting attorney. 

Rule 5.5. [Repealed.]

Rule 6. Issuance Of Summons In Lieu Of Arrest Warrant

Rule 6.1. Authority to issue summons.

(a) All officials having the authority to issue an arrest warrant may issue a criminal summons in lieu thereof in all cases in which a complaint, information, or indictment is filed or returned against a person not already in custody. 
(b) The clerk of a court may issue a summons only upon the filing of an information or upon affidavit sworn to by the complainant and approved and indorsed by a prosecuting attorney as provided in Rule 7.1(c). 

Rule 6.2. Form of summons.

(a) A summons shall: 
(i) be in writing; 
(ii) be signed by the officer issuing it with the title of his office; 
(iii) state the date of issuance and the municipality or county where issued; 
(iv) specify the name of the accused and the offense alleged; 
(v) designate a time, place, and court for the appearance of the accused; and 
(vi) have attached a copy of the information, complaint or indictment. 
(b) Every summons shall inform the accused that failure to appear at the stated time, place, and court may result in his arrest and shall constitute a separate offense for which he may be prosecuted. 

Rule 6.3. Service of criminal summons.

Criminal summons may be served by: 
(a) any method prescribed for personal service of civil process; or 
(b) certified mail, for delivery to addressee only with return receipt requested. 

Rule 7. Arrest With A Warrant

Rule 7.1. Arrest with a warrant: basis for issuance of arrest warrant.

(a) A judicial officer may issue an arrest warrant for a person who has failed to appear in response to a summons or citation. 
(b) In addition, a judicial officer may issue a warrant for the arrest of a person if, from affidavit, recorded testimony, or other information, it appears there is reasonable cause to believe an offense has been committed and the person committed it. If the offense is a misdemeanor a summons should issue unless: 
(i) the offense, or the manner in which it was committed, involved violence to a person or the risk or threat of imminent serious bodily injury; or 
(ii) it appears that the person charged would not respond to a summons. In determining whether the defendant would respond to a summons, appropriate considerations include, but are not limited to: 
(A) the nature and circumstances of the offense charged; 
(B) the weight of the evidence against the person; 
(C) place and length of residence; 
(D) present and past employment; 
(E) family relationship; 
(F) financial circumstances; 
(G) apparent mental condition; 
(H) past criminal record; 
(I) previous record of appearance at court proceedings; and 
(J) any other relevant information available to the judicial officer. 
(c) A judicial officer who has determined in accordance with Rule 7.1(b) that an arrest warrant should be issued may authorize the clerk of the court or his deputy to issue the warrant. 

Rule 7.2. Form of warrant.

(a) Every arrest warrant shall: 
(i) be in writing and in the name of the state; 
(ii) be directed to all law enforcement officers in the state; 
(iii) be signed by the issuing official with the title of his office and the date of issuance; 
(iv) specify the name of the accused or, if his name is unknown, any name or description by which he can be identified with reasonable certainty; 
(v) have attached a copy of the information, if filed, or, if not filed, a copy of any affidavit supporting issuance; and 
(vi) command that the accused be arrested and that unless he complies with the terms of release specified in the warrant he be brought before a judicial officer without unnecessary delay. 
(b) The warrant may specify the manner in which it is to be executed, and may specify terms of release and requirements for appearance. 

Rule 7.3. Return of warrant and summons; execution after return.

(a) The law enforcement officer executing a warrant shall make return thereof to the court before which the accused is brought, and notice thereof shall be given to the prosecuting attorney. 
(b) On or before the date for appearance the officer to whom a summons was delivered for service shall make return thereof to the judicial officer before whom the summons is returnable. 
(c) At any time while a complaint, information or indictment is pending, the issuing official may deliver a warrant returned unexecuted and not cancelled, or a summons returned unserved, or a duplicate of either to a law enforcement officer or other authorized person for execution or service. 

Rule 8. Release By Judicial Officer At First Appearance

Rule 8.1. Prompt first appearance. 

An arrested person who is not released by citation or by other lawful manner shall be taken before a judicial officer without unnecessary delay.

Rule 8.2. Appointment of counsel. 

(a) An accused's desire for, and ability to retain, counsel should be determined by a judicial officer before the first appearance, whenever practicable.

(b) Whenever an indigent is charged with a criminal offense and, upon being brought before any court, does not knowingly and intelligently waive the appointment of counsel, the court shall appoint counsel to represent the indigent, unless the indigent is charged with a misdemeanor and the court has determined that under no circumstances will incarceration be imposed as a part of the punishment if the indigent is found guilty. A suspended or probationary sentence to incarceration shall be considered a sentence to incarceration if revocation of the suspended or probationary sentence may result in the incarceration of the indigent without the opportunity to contest guilt of the offense for which incarceration is imposed.

(c) Attorneys appointed by district courts, city courts, and police courts may receive fees for services rendered upon certification by the presiding judicial officer if provision therefor has been made by the county or municipality in which the offense is committed or the services are rendered. Attorneys so appointed shall continue to represent the indigent accused until relieved for good cause or until substituted by other counsel.

Reporter's Notes: The addition of the last sentence to Rule 8.2 (c) is intended to ensure that where counsel is appointed in municipal court, the appointment continues for purposes of this rule even in circuit court proceedings unless and until appointed counsel is relieved or new counsel is appointed.

Reporter's Note, 2003 Amendments: The amendments made two changes to subsection (b). The word "imprisonment" was replaced with the word "incarceration" to avoid any implication that the right to counsel attaches only when the defendant faces confinement in state prison. The final sentence was added to incorporate the United States Supreme Court holding in Alabama v. Shelton, 535 U.S. 654, 122 S.Ct. 1764, 152 L.Ed.2d 888 (2002).

Rule 8.3. Nature of first appearance. 

(a) Upon the first appearance of the defendant the judicial officer shall inform him of the charge. The judicial officer shall also inform the defendant that:

(i) he is not required to say anything, and that anything he says can be used against him;

(ii) he has a right to counsel; and

(iii) he has a right to communicate with his counsel, his family, or his friends, and that reasonable means will be provided for him to do so.

(b) No further steps in the proceedings other than pretrial release inquiry may be taken until the defendant and his counsel have had an adequate opportunity to confer, unless the defendant has intelligently waived his right to counsel or has refused the assistance of counsel.

(c) The judicial officer, if unable to dispose of the case at the first appearance, shall proceed to decide the question of the pretrial release of the defendant. In so doing, the judicial officer shall first determine by an informal, non-adversary hearing whether there is probable cause for detaining the arrested person pending further proceedings. The standard for determining probable cause at such hearing shall be the same as that which governs arrests with or without a warrant.

Rule 8.4. Pretrial release inquiry: in what circumstances conducted. 

(a) An inquiry by the judicial officer into the relevant facts which might affect the pretrial release decision shall be made:

(i) in all cases where the maximum penalty for the offense charged exceeds one (1) year and the prosecuting attorney does not stipulate that the defendant may be released on his own recognizance;

(ii) in those cases where the maximum penalty for the offense charged is less than one (1) year and in which a law enforcement officer gives notice to the judicial officer that he intends to oppose release of the defendant on his own recognizance.

(b) In all other cases, the judicial officer may release the defendant on his own recognizance or on order to appear without conducting a pretrial release inquiry.

Rule 8.5. Pretrial release inquiry: when conducted; nature of. 

(a) A pretrial release inquiry shall be conducted by the judicial officer prior to or at the first appearance of the defendant.

(b) The inquiry should take the form of an assessment of factors relevant to the pretrial release decision, such as:

(i) the defendant's employment status, history and financial condition;

(ii) the nature and extent of his family relationships;

(iii) his past and present residence;

(iv) his character and reputation;

(v) persons who agree to assist him in attending court at the proper times;

(vi) the nature of the current charge and any mitigating or aggravating factors that may bear on the likelihood of conviction and the possible penalty;

(vii) the defendant's prior criminal record, if any, and, if he previously has been released pending trial, whether he appeared as required;

(viii) any facts indicating the possibility of violations of law if the defendant is released without restrictions; and

(ix) any other facts tending to indicate that the defendant has strong ties to the community and is not likely to flee the jurisdiction.

(c) The prosecuting attorney should make recommendations to the judicial officer concerning:

(i) the advisability and appropriateness of pretrial release;

(ii) the amount and type of bail bond;

(iii) the conditions, if any, which should be imposed on the defendant's release.

Rule 8.6. Time for Filing Formal Charge.

If the defendant is continued in custody subsequent to the first appearance, the prosecuting attorney shall file an indictment or information in a court of competent jurisdiction within sixty days of the defendant's arrest. Failure to file an indictment or information within sixty days shall not be grounds for dismissal of the case against the defendant, but shall, upon motion of the defendant, result in the defendant's release from custody unless the prosecuting attorney establishes good cause for the delay. If good cause is shown, the court shall reconsider bail for the defendant.

Reporter's Notes: This rule is intended to address the problem identified in State v. Pulaski County Circuit Court, 326 Ark. 886, 934 S.W. 2d 915 (1996), modified on rehearing, 327 Ark. 287, 938 S.W. 2d 815 (1997), wherein the person was arrested without a warrant, was continued in custody beyond his first appearance in municipal court, but waited over two months before his case was formally filed in circuit court by the filing of an information. This rule contemplates that, in the typical case, formal charges should be filed within a reasonable time following an arrest with sufficient latitude being given for circumstances that are beyond the prosecuting attorney's control and which necessitate a delay in the filing of formal charges. Nothing in this rule shall be construed to abrogate the defendant's privilege to file an application for writ of habeas corpus or any other applicable extraordinary remedy.

---

Rule 9. The Release Decision

Rule 9.1. Release on order to appear or on defendant's own recognizance.

Rule 9.2. Release on money bail.

Rule 9.3. Prohibition of wrongful acts pending trial.

If it appears that there exists a danger that the defendant will commit a serious crime or will seek to intimidate witnesses, or will otherwise unlawfully interfere with the orderly administration of justice, the judicial officer, upon the release of the defendant, may enter an order: 
(a) prohibiting the defendant from approaching or communicating with particular persons or classes of persons, except that no such order shall be deemed to prohibit any lawful and ethical activity of defendant's counsel; 
(b) prohibiting the defendant from going to certain described geographical areas or premises; 
(c) prohibiting the defendant from possessing any dangerous weapon, or engaging in certain described activities or indulging in intoxicating liquors or in certain drugs; 
(d) requiring the defendant to report regularly to and remain under the supervision of an officer of the court. 

Rule 9.4. Notice of penalties.

(a) When the conditions of the release of a defendant are determined or an order is entered under Rule 9.3, the judicial officer shall inform the defendant of the penalties for failure to comply with the conditions or terms of such order. 
(b) All conditions of release and terms of orders under Rule 9.3 shall be recorded in writing and a copy given to the defendant. 

Rule 9.5. Violations of conditions of release.

(a) A judicial officer shall issue a warrant directing that the defendant be arrested and taken forthwith before any judicial officer having jurisdiction of the charge for a hearing when the prosecuting attorney submits a verified application alleging that: 
(i) the defendant has willfully violated the conditions of his release or the terms of an order under Rule 9.3; or 
(ii) pertinent information which would merit revocation of the defendant's release has become known to the prosecuting attorney. 
(b) A law enforcement officer having reasonable grounds to believe that a released defendant has violated the conditions of his release or the terms of an order under Rule 9.3 is authorized to arrest the defendant and to take him forthwith before any judicial officer having jurisdiction when it would be impracticable to secure a warrant. 
(c) After a hearing, and upon finding that the defendant has willfully violated reasonable conditions or the terms of an order under Rule 9.3 imposed on his release, the judicial officer may impose different or additional conditions of release upon the defendant or revoke his release. 

Rule 9.6. Commission of felony while awaiting trial.

If it is shown that any court has found reasonable cause to believe that a defendant has committed a felony while released pending adjudication of a prior charge, the court which initially released him may revoke his release.