Arkansas

Criminal Procedure

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.

Ark. R. Crim. P. 5.2

← Previous Next →