Arkansas

Criminal Procedure

Rule 24.3 – Pleading by Defendant

(a) A plea of guilty or nolo contendere shall be received only from the defendant himself in open court, except that counsel may enter a plea of guilty or nolo contendere on behalf of a defendant in misdemeanor cases where only a fine is imposed by the court. If the defendant is a corporation the plea may be received from counsel or an authorized corporate officer.

(b) With the approval of the court and the consent of the prosecuting attorney, a defendant may enter a conditional plea of guilty or nolo contendere, reserving in writing the right, on appeal from the judgment,

(i) to review of an adverse determination of a pretrial motion to suppress seized evidence or a custodial statement;

(ii) to review an adverse determination of a pretrial motion to dismiss a charge because not brought to trial within the time provided in Rule 28.1(b) or (c);

(iii) to review an adverse determination of a pretrial motion challenging the constitutionality of the statute defining the offense with which the defendant is charged. Click here for conditional plea form.

(c) A defendant may plead nolo contendere only with the consent of the court. The court shall not accept a plea of nolo contendere unless it is satisfied, after due consideration of the views of the parties, that the interest of the public in the effective administration of justice would thereby be served.

(d) No plea of guilty or nolo contendere shall be accepted by any court unless the prosecuting attorney for the governmental unit in which the offense occurred is given the opportunity to be heard at the time the plea is tendered. In any criminal case in which trial by jury is a right, a court shall not accept a plea of guilty or nolo contendere unless the prosecuting attorney has assented to the waiver of trial by jury.

CONDITIONAL PLEA FORM

[For use with Rule 24.3(b), Arkansas Rules of Criminal Procedure]

IN THE CIRCUIT COURT OF _______ COUNTY, ARKANSAS

________ Division

No. ________

STATE OF ARKANSAS

____________________ , Defendant

CONDITIONAL PLEA

I, ___________________ (name of defendant), with the approval of the court, and the consent of the Prosecuting Attorney am entering a plea of [guilty] [no contest] to

Count 1. _______________________________________________________________

Count 2. _______________________________________________________________

Count 3. _______________________________________________________________

I understand my plea is conditioned upon the filing of an appeal on the issue of ___________________________________ (describe [motion to suppress seized evidence][motion to suppress custodial statement] [motion to dismiss a charge because not brought to trial within the time provided in Rule 28.1(b) or (c) ] or [challenge to the constitutionality of Ark. Code Ann. § ______ ] upon which appeal is based).

I understand that if the judge approves my plea of [guilty] [no contest], a judgment and sentence will be entered and that I may appeal on the issue specified above in the manner provided by the rules of court.

I understand that if I win my appeal on the issue specified above that I may withdraw my plea of [guilty] [no contest].

I have read and understand the above. I have discussed the case and my constitutional rights with my lawyer. I understand that by pleading [guilty] [no contest], if my plea is not later withdrawn, I will be giving up my right to a trial by jury, to confront, cross-examine, and compel the attendance of witnesses, and my privilege against self-incrimination. I agree to enter my plea as indicated above on the terms and conditions set forth herein.

_______________ _______________________________

Date Defendant

DEFENSE COUNSEL REVIEW

I have reviewed this conditional plea with my client, and I have discussed with my client its consequences.

____________________________ _______________________

Defense Counsel Date

PROSECUTOR APPROVAL

I have reviewed this conditional plea and consent to it.

____________________________ ________________________

Prosecutor Date

COURT APPROVAL

This Conditional Plea Agreement is approved, and I direct that it be entered of record in this case.

__________________________________

Circuit Judge

__________________

Date

This Conditional Plea Form shall accompany the Sentencing Order and be made a part of the record in the case.

I certify this is a true and correct record of this Court.

Date: ________________ Circuit Clerk/Deputy: ____________________________

Ark. R. Crim. P. 24.3

Addition to Reporter’s Notes, 2001 Amendment: The last sentence was added to subdivision (d). It does not change prior practice, but incorporates the requirement found in Rule 31.1 that the prosecuting attorney must not only be given the opportunity to be heard in response to a plea, but also he must assent if a jury trial is to be waived. Reporter’s Note, 2003 Amendment: Subsection (b) was amended to clarify that a defendant may reserve the right to appeal following an adverse determination on a motion to suppress a custodial statement as well as a motion to suppress seized evidence. Reporter’s Notes, 2012 Amendment: Prior to the 2012 amendments, subsection (a) allowed the court to take a guilty plea to a misdemeanor not involving imprisonment even though the defendant was not present in the courtroom. The 2012 amendment made it clear that the court could also accept a plea of nolo contendere in such circumstances. A plea of guilty or nolo contendere when the defendant is absent is still subject to the requirements of subsections (c) and (d). The 2012 amendment also broadened conditional pleas to include subsection (b)(iii).

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