{"data":{"id":"us-ar/ark.-code-ann.-5-54-120","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 5-54-120","heading":"Failure to appear","body":"(a) As used in this section, \"pending charge\" means a charge that results from an arrest or issuance of a citation or criminal summons, or after the filing of a criminal information or indictment and that has not been resolved by acquittal, conviction, dismissal, or nolle prosequi. (b) A person commits the offense of failure to appear if he or she fails to appear without reasonable excuse subsequent to having been: (1) Cited or summonsed as an accused; or (2) Lawfully set at liberty upon condition that he or she appear at a specified time, place, and court. (c) Failure to appear is a: (1) Class C felony if the required appearance was in regard to a pending charge or disposition of a felony charge either before or after a determination of guilt of the felony charge; (2) Class D felony if the required appearance was in regard to an order to appear issued before a revocation hearing under § 16-93-307 and the defendant was placed on probation or received a suspended sentence for a felony offense; (3) Class A misdemeanor if the required appearance was in regard to a pending charge or disposition of a Class A misdemeanor charge either before or after a determination of guilt of the Class A misdemeanor charge; (4) Class B misdemeanor if the required appearance was in regard to a pending charge or disposition of a Class B misdemeanor charge either before or after a determination of guilt of the Class B misdemeanor charge; (5) Class B misdemeanor if the required appearance was in regard to a pending charge or disposition of a Class C misdemeanor charge either before or after a determination of guilt of the Class C misdemeanor charge; (6) Unclassified misdemeanor with the same penalty as the unclassified misdemeanor in the pending charge or disposition if the required appearance was in regard to a pending charge or disposition of an unclassified misdemeanor either before or after a determination of guilt on the unclassified misdemeanor charge; and (7) Class C misdemeanor if the required appearance was in regard to a pending charge or disposition of a violation either before or after a determination of guilt of the violation charge. (d) This section does not apply to an order to appear imposed as a condition of suspension or probation under § 5-4-303 . Amended by Act 2019, No. 322,§ 1, eff. 7/24/2019. Amended by Act 2015, No. 1155,§ 9, eff. 7/22/2015. Amended by Act 2015, No. 538,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1193,§ 1, eff. 8/16/2013. Acts 1975, No. 280, § 2820; A.S.A. 1947, § 41-2820; Acts 1991, No. 916, § 1; 2011, No. 514, § 1; 2011, No. 570, § 32.\n\n(a) As used in this section, \"pending charge\" means a charge that results from an arrest or issuance of a citation or criminal summons, or after the filing of a criminal information or indictment and that has not been resolved by acquittal, conviction, dismissal, or nolle prosequi.\n\n(b) A person commits the offense of failure to appear if he or she fails to appear without reasonable excuse subsequent to having been: (1) Cited or summonsed as an accused; or (2) Lawfully set at liberty upon condition that he or she appear at a specified time, place, and court.\n\n(1) Cited or summonsed as an accused; or\n\n(2) Lawfully set at liberty upon condition that he or she appear at a specified time, place, and court.\nfense of failure to appear if he or she fails to appear without reasonable excuse subsequent to having been: (1) Cited or summonsed as an accused; or (2) Lawfully set at liberty upon condition that he or she appear at a specified time, place, and court.\n\n(1) Cited or summonsed as an accused; or\n\n(2) Lawfully set at liberty upon condition that he or she appear at a specified time, place, and court.\n\n(c) Failure to appear is a: (1) Class C felony if the required appearance was in regard to a pending charge or disposition of a felony charge either before or after a determination of guilt of the felony charge; (2) Class D felony if the required appearance was in regard to an order to appear issued before a revocation hearing under § 16-93-307 and the defendant was placed on probation or received a suspended sentence for a felony offense; (3) Class A misdemeanor if the required appearance was in regard to a pending charge or disposition of a Class A misdemeanor charge either before or after a determination of guilt of the Class A misdemeanor charge; (4) Class B misdemeanor if the required appearance was in regard to a pending charge or disposition of a Class B misdemeanor charge either before or after a determination of guilt of the Class B misdemeanor charge; (5) Class B misdemeanor if the required appearance was in regard to a pending charge or disposition of a Class C misdemeanor charge either before or after a determination of guilt of the Class C misdemeanor charge; (6) Unclassified misdemeanor with the same penalty as the unclassified misdemeanor in the pending charge or disposition if the required appearance was in regard to a pending charge or disposition of an unclassified misdemeanor either before or after a determination of guilt on the unclassified misdemeanor charge; and (7) Class C misdemeanor if the required appearance was in regard to a pending charge or disposition of a violation either before or after a determination of guilt of the violation charge.\n\n(1) Class C felony if the required appearance was in regard to a pending charge or disposition of a felony charge either before or after a determination of guilt of the felony charge;\n\n(2) Class D felony if the required appearance was in regard to an order to appear issued before a revocation hearing under § 16-93-307 and the defendant was placed on probation or received a suspended sentence for a felony offense;\n\n(3) Class A misdemeanor if the required appearance was in regard to a pending charge or disposition of a Class A misdemeanor charge either before or after a determination of guilt of the Class A misdemeanor charge;\n\n(4) Class B misdemeanor if the required appearance was in regard to a pending charge or disposition of a Class B misdemeanor charge either before or after a determination of guilt of the Class B misdemeanor charge;\n\n(5) Class B misdemeanor if the required appearance was in regard to a pending charge or disposition of a Class C misdemeanor charge either before or after a determination of guilt of the Class C misdemeanor charge;\n\n(6) Unclassified misdemeanor with the same penalty as the unclassified misdemeanor in the pending charge or disposition if the required appearance was in regard to a pending charge or disposition of an unclassified misdemeanor either before or after a determination of guilt on the unclassified misdemeanor charge; and\n\n(7) Class C misdemeanor if the required appearance was in regard to a pending charge or disposition of a violation either before or after a determination of guilt of the violation charge.\ndisposition if the required appearance was in regard to a pending charge or disposition of an unclassified misdemeanor either before or after a determination of guilt on the unclassified misdemeanor charge; and\n\n(7) Class C misdemeanor if the required appearance was in regard to a pending charge or disposition of a violation either before or after a determination of guilt of the violation charge.\n\n(d) This section does not apply to an order to appear imposed as a condition of suspension or probation under § 5-4-303 .","path":["AR Code","Title 5","Chapter 54","Subchapter 1"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_ar_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:41Z","sha256":"c07291acf5dd744f510f727d8070b373155c503171820c6f73226aaac104450c","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-5-54-119","next":"us-ar/ark.-code-ann.-5-54-121"},"notice":"GroundRules: Original legal text. Not legal advice."}