Arkansas

Criminal Procedure

Rule 1.1 – Title
Rule 1.2 – Scope
Rule 1.3 – Purpose and Construction
Rule 1.4 – Computation of Time
Rule 1.5 – Prosecutions in Name of State
Rule 1.6 – Definitions
Rule 1.7 – Effective Date and Application
Rule 1.8 – Criminal Magistrates
Rule 1.9 – Compliance with Administrative Order 19-Confidential Information
Rule 2.1 – Definitions
Rule 2.2 – Authority to Request Cooperation
Rule 2.3 – Warning To Persons Asked To Appear At A Police Station
Rule 3.1 – Stopping and Detention of Person: Time Limit
Rule 3.2 – Advice as to Reason for Detention
Rule 3.3 – Use of Force
Rule 3.4 – Search for Weapons
Rule 3.5 – Stop of Witness to Crime
Rule 4.1 – Authority to Arrest Without Warrant
Rule 4.2 – Authority to Arrest with Warrant
Rule 4.3 – Arrest Pursuant to Warrant: Possession of Warrant Unnecessary
Rule 4.4 – Procedures on Arrest
Rule 4.5 – Limitations on Questioning
Rule 4.6 – Procedures on Arrest: Prompt Taking to Police Station
Rule 4.7 – Recording Custodial Interrogations
Rule 5.1 – Definitions
Rule 5.2 – Authority to Issue Citations
Rule 5.3 – Form of Citation
Rule 5.4 – Procedure for Issuing Citations
Rule 5.5 – Repealed
Rule 6.1 – Authority To Issue Summons
Rule 6.2 – Form of Summons
Rule 6.3 – Service of Criminal Summons
Rule 7.1 – Arrest with a Warrant: Basis for Issuance of Arrest Warrant
Rule 7.2 – Form of Warrant
Rule 7.3 – Return of Warrant And Summons; Execution After Return
Rule 8.1 – Prompt First Appearance
Rule 8.2 – Appointment of Counsel
Rule 8.3 – Nature of First Appearance
Rule 8.4 – Pretrial Release Inquiry: In What Circumstances Conducted
Rule 8.5 – Pretrial Release Inquiry: When Conducted; Nature of
Rule 8.6 – Time for Filing Formal Charge
Rule 8.7 – Use of Video Conferences in Pretrial Proceedings
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
Rule 9.4 – Notice of Penalties
Rule 9.5 – Violations of Conditions of Release
Rule 9.6 – Commission of Felony While Awaiting Trial
Rule 10.1 – Definitions
Rule 10.2 – Permissible Objects of Seizure
Rule 11.1 – Authority to Search and Seize Pursuant to Consent
Rule 11.2 – Persons from Whom Effective Consent May Be Obtained
Rule 11.3 – Search Limited by Scope of Consent
Rule 11.4 – Items Seized: Receipt
Rule 11.5 – Withdrawal or Limitation of Consent
Rule 12.1 – Permissible Purposes
Rule 12.2 – Search of the Person: Permissible Scope
Rule 12.3 – Search of the Person: Search of Body Cavities
Rule 12.4 – Search of Vehicles: Permissible Circumstances
Rule 12.5 – Search of Premises: Permissible Circumstances, Time and Scope
Rule 12.6 – Custodial Taking of Property Pursuant to Arrest; Vehicles
Rule 13.1 – Issuance of Search Warrant
Rule 13.2 – Contents of Search Warrant
Rule 13.3 – Execution of a Search Warrant
Rule 13.4 – Return of a Search Warrant
Rule 13.5 – Execution and Return of Warrants for Documents
Rule 13.6 – Issuance and Execution of Warrants for Illegally Possessed Pictures and Literature
Rule 14.1 – Vehicular Searches
Rule 14.2 – Search of Open Lands
Rule 14.3 – Emergency Searches
Rule 14.4 – Seizure Independent of Search
Rule 15.1 – Custody of Seized Things: Retention by Seizing Officer
Rule 15.2 – Motions for Return or Restoration of Seized Things
Rule 15.3 – Custody of Seized Things: Freshly Stolen Goods; Perishables
Rule 15.4 – Custody of Seized Things: Report of Seizure
Rule 15.5 – Effect on Civil Remedies
Rule 16.1 – Scope of Rule

Rule 16.2 – Motions to Suppress Evidence
Rule 17.1 – Prosecuting Attorney’s Obligations
Rule 17.2 – Prosecuting Attorney’s Performance of Obligations
Rule 17.3 – Material Held by Other Governmental Personnel
Rule 17.4 – Discretionary Disclosures
Rule 17.5 – Matters Not Subject to Disclosure
Rule 18.1 – The Person of the Defendant
Rule 18.2 – Medical and Scientific Reports
Rule 18.3 – Nature of Defense
Rule 19.1 – Investigation Not to Be Impeded
Rule 19.2 – Continuing Duty to Disclose
Rule 19.3 – Custody of Materials
Rule 19.4 – Protective Orders
Rule 19.5 – Excision
Rule 19.6 – In Camera Proceedings
Rule 19.7 – Failure to Comply: Sanctions
Rule 20.1 – General Procedural Requirements: Policy Statement
Rule 20.2 – Setting of Omnibus Hearing
Rule 20.3 – Omnibus Hearing
Rule 20.4 – Pretrial Conference
Rule 21.1 – Joinder of Offenses
Rule 21.2 – Joinder of Defendants
Rule 21.3 – Failure to Join Related Offenses
Rule 22.1 – Timeliness of Motion; Waiver; Double Jeopardy
Rule 22.2 – Severance of Offenses
Rule 22.3 – Severance of Defendants
Rule 22.4 – Failure to Prove Grounds for Joinder of Defendants
Rule 23.1 – Consolidation; Severance of Defendants and Offenses
Rule 24.1 – Scope of Article
Rule 24.2 – Aid of Counsel
Rule 24.3 – Pleading by Defendant
Rule 24.4 – Advice by Court
Rule 24.5 – Determining Voluntariness of Plea
Rule 24.6 – Determining Accuracy of Plea
Rule 24.7 – Record of Proceedings
Rule 24.8 – Pleading to Other Offenses
Rule 25.1 – Propriety of Plea Discussions and Plea Agreements
Rule 25.2 – Relationship Between Defense Counsel and Defendant
Rule 25.3 – Responsibilities of the Trial Judge
Rule 25.4 – Discussions, Agreements, Statements, Pleas and Judgments Not Admissible
Rule 26.1 – Plea Withdrawal
Rule 27.1 – Priorities in Scheduling Criminal Cases
Rule 27.2 – Assignment of Cases
Rule 27.3 – Continuances
Rule 28.1 – Limitations and Consequences
Rule 28.2 – When Time Commences to Run
Rule 28.3 – Excluded Periods
Rule 29.1 – Prosecutor’s Obligations
Rule 30.1 – Absolute Discharge
Rule 30.2 – Waiver
Rule 31.1 – Waiver of Trial by Jury: Assent by Prosecutor
Rule 31.2 – Waiver of Trial by Jury: Personal Request
Rule 31.3 – Waiver of Trial by Jury: Waiver by Counsel or Agent
Rule 31.4 – Waiver of Trial by Jury: Capital Felonies
Rule 31.5 – Discretionary Withdrawal of Waiver
Rule 32.1 – List of Prospective Jurors
Rule 32.2 – Voir Dire Examination
Rule 32.3 – Alternate Jurors
Rule 33.1 – Motions for Directed Verdict
Rule 33.2 – Sentencing and Entry of Judgment
Rule 33.3 – Posttrial Motions
Rule 33.4 – Custody and Restraint of Defendants and Witnesses
Rule 33.5 – Note-Taking by Jurors
Rule 33.6 – Instructions and Verdict Forms
Rule 33.7 – Additional Instructions
Rule 33.8 – Questions by Jurors
Rule 33.9 – Record of Waiver of Right to Testify
Rule 34.1 – Juror Orientation
Rule 35.1 – Judicial Comment on Verdict
Rule 36 – Appeals from District Court to Circuit Court
Rule 37.1 – Scope of Remedy
Rule 37.2 – Commencement of Proceedings; pleadings
Rule 37.3 – Nature of Proceedings; Summary Disposition; Appointment of Counsel; Evidentiary Hearings; Presence of Petitioner
Rule 37.4 – Relief [Reinstated and Revised – See Publisher’s Notes]
Rule 37.5 – Special Rule for Persons Under Sentence of Death
Rule 38.1 – Broadcasting or Publishing by News Media

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.

Ark. R. Crim. P. 8.4

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