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.
Ark. R. Crim. P. 8.6
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.