GroundRules
← Search the law
Arkansas · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Ark. Code Ann. § 5-2-311: Lack of fitness to proceed - Motions without defendant's personal participation

Read at publisher ↗
Where this section sits in the code
  1. AR Code
  2. Title 5
  3. Chapter 2
  4. Subchapter 3

The fact that the defendant lacks fitness to proceed does not preclude through counsel and without the personal participation of the defendant any motion upon: (1) A ground that the: (A) Indictment is insufficient; (B) Statute of limitations has run; or (C) Prosecution is barred by a former prosecution; or (2) Any other ground that the court deems susceptible of fair determination prior to trial. Acts 1975, No. 280, § 608; A.S.A. 1947, § 41-608.

The fact that the defendant lacks fitness to proceed does not preclude through counsel and without the personal participation of the defendant any motion upon:

(1) A ground that the: (A) Indictment is insufficient; (B) Statute of limitations has run; or (C) Prosecution is barred by a former prosecution; or

(A) Indictment is insufficient;

(B) Statute of limitations has run; or

(C) Prosecution is barred by a former prosecution; or

(2) Any other ground that the court deems susceptible of fair determination prior to trial.

Collected 2026-09-14T18:32:41Z. Source file · JSON

Browse this collection