reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 89 - TRIAL AND VERDICT (§§ 16-89-101 — 16-89-130) › Section 16-89-120 - Proof of higher offense

(a)
If, during the trial, the court shall be of the opinion that the facts proved constitute an offense of a higher nature than that charged in the indictment, it may direct the jury to be discharged and all proceedings to be suspended until the case can be resubmitted to a grand jury and may order the defendant to be committed or admit him or her to bail to answer any new indictment which may be found against him or her for the higher offense.
(b)
If an indictment is not found for the higher offense before the next grand jury is discharged, the court must proceed to try the defendant on the original indictment.
Crim. Code, § 231; C. & M. Dig., § 3199; Pope's Dig., § 4035; A.S.A. 1947, § 43-2125.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 89 - TRIAL AND VERDICT (§§ 16-89-101 — 16-89-130) › Section 16-89-121 - Facts charged do not constitute offense

If, during the trial, the court is of the opinion that the facts charged in the indictment do not constitute an offense punishable by law, it shall order the jury to be discharged and the indictment to be quashed, and thereupon take the proceedings directed in §
16-89-113(b)
.
Crim. Code, § 232; C. & M. Dig., § 3200; Pope's Dig., § 4036; A.S.A. 1947, § 43-2126.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 89 - TRIAL AND VERDICT (§§ 16-89-101 — 16-89-130) › Section 16-89-122 - Dismissal of indictment

The prosecuting attorney, with the permission of the court, may at any time before the case is finally submitted to the jury dismiss the indictment as to all or a part of the defendants and the dismissal shall not bar a future prosecution for the same offense.
Crim. Code, § 242; C. & M. Dig., § 3063; Pope's Dig., § 3889; A.S.A. 1947, § 43-2127.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 89 - TRIAL AND VERDICT (§§ 16-89-101 — 16-89-130) › Section 16-89-123 - Order of final arguments

(a)
If the case is not submitted without argument, the party having the burden of proof shall have the opening and conclusion of the argument. If, upon the demand of the adverse party, the attorney prosecuting for the state or the attorney for the defense shall refuse to openly and fully state the grounds on which he or she claims a verdict, the party so refusing shall be refused the conclusion of the argument.
(b)
If more than one (1) counsel on each side shall argue the case, they shall do so alternately.
Crim. Code, §§ 226, 227; Acts 1877, No. 35, § 1, p. 30; C. & M. Dig., §§ 3185, 3186; Pope's Dig., §§ 4021, 4022; A.S.A. 1947, §§ 43-2132, 43-2133.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 89 - TRIAL AND VERDICT (§§ 16-89-101 — 16-89-130) › Section 16-89-124 - Exceptions to decisions of the court

(a)
Upon the trial of criminal or penal prosecutions, either party may except to any decision of the court by which the substantial rights of the party are prejudiced, subject to the restrictions in subsection (b) of this section.
(b)
The decisions of the court upon challenges to the panel and for cause shall not be subject to exception.
(c)
The exception shall be shown upon the record by a bill of exceptions prepared, settled, and signed as provided in the Code of Practice in Civil Cases of 1869.
Crim. Code, §§ 276-278; C. & M. Dig., §§ 3226-3228; Pope's Dig., §§ 4066-4068; A.S.A. 1947, §§ 43-2128 -- 43-2130.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 89 - TRIAL AND VERDICT (§§ 16-89-101 — 16-89-130) › Section 16-89-125 - Deliberation of jury

(a)
While the jury is absent, the court may adjourn from time to time as to other business, but it shall be deemed open for every purpose connected with the cause submitted to the jury until a verdict is rendered or the jury discharged.
(b)
When the evidence is concluded, the court shall, on motion of either party, instruct the jury on the law applicable to the case. If the defense is the insanity of the defendant, the jury must be instructed to state that fact in their verdict if they acquit him or her on that ground.
(c)
A suitable room must be provided for the use of the jury on their retirement for deliberation, with suitable furniture, fuel, lights, and stationery.
(d)
(1)
After the cause is submitted to the jury, they must be kept together in the charge of the sheriff, in the room provided for them, except during their meals and periods for sleep, unless they are permitted to separate by order of the court.
(2)
Suitable food and lodging must be provided by the sheriff and the expense paid by the county.
(3)
Upon retiring for deliberation, the jury may take with them all papers which have been received as evidence in the cause.
(e)
After the jury retires for deliberation, if there is a disagreement between them as to any part of the evidence or if they desire to be informed on a point of law, they must require the officer to conduct them into court. Upon their being brought into court, the information required must be given in the presence of or after notice to the counsel of the parties.
(f)
(1)
If, after retirement, one of the jurors becomes so sick as to prevent the continuance of his or her duty, or other accident or cause occurs preventing the jury from being kept together or, after being kept together such a length of time as the court deems proper, they do not agree in a verdict and it satisfactorily appears that there is no probability they can agree, the court may discharge them.
(2)
In all cases where a jury is discharged, either in the progress of a trial or after the cause is submitted to them, the cause may again be tried at the same or another term of the court.
Crim. Code, §§ 225, 245-251, 265; C. & M. Dig., §§ 3179, 3189-3195, 3215; Pope's Dig., §§ 4015, 4025-4031, 4051; A.S.A. 1947, §§ 43-2134 -- 43-2142.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 89 - TRIAL AND VERDICT (§§ 16-89-101 — 16-89-130) › Section 16-89-127 - Verdict - Misdemeanor included in felony

When an offense is charged in an indictment to have been committed with peculiar circumstances as to time, place, person, property, value, motive, or intention, the offense, without the circumstances, or with part only, is included in the offense, although that charge may be a felony, and the offense, without the circumstances, a misdemeanor only.
Crim. Code, § 261; C. & M. Dig., § 3212; Pope's Dig., § 4048; A.S.A. 1947, § 43-2155.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 89 - TRIAL AND VERDICT (§§ 16-89-101 — 16-89-130) › Section 16-89-128 - Polling of jury members

Upon a verdict's being rendered, the jury may be polled at the instance of either party, which consists of the clerk or judge asking each juror if it is his or her verdict. If one (1) answers in the negative, the verdict cannot be received.
Crim. Code, § 264; C. & M. Dig., § 3216; Pope's Dig., § 4052; A.S.A. 1947, § 43-2160.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 89 - TRIAL AND VERDICT (§§ 16-89-101 — 16-89-130) › Section 16-89-129 - Final adjournment

A final adjournment of the court discharges a jury.
Crim. Code, § 252; C. & M. Dig., § 3196; Pope's Dig., § 4032; A.S.A. 1947, § 43-2161.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 89 - TRIAL AND VERDICT (§§ 16-89-101 — 16-89-130) › Section 16-89-130 - New trial

(a)
A new trial is the reexamination of an issue of fact in the same court by another jury after a verdict has been given.
(b)
The application for a new trial must be made at the same term at which the verdict is rendered, unless the judgment is postponed to another term, in which case it may be made at any time before judgment.
(c)
The court in which a trial is had upon an issue of fact may grant a new trial when a verdict is rendered against the defendant by which his or her substantial rights have been prejudiced, upon his or her motion, in the following cases:
(1)
Where the trial in the case of a felony was commenced and completed in his or her absence;
(2)
Where the jury has received any evidence out of court other than that resulting from a view as provided in this code;
(3)
Where the verdict has been decided by lot, or in any other manner than by a fair expression of opinion by the jurors;
(4)
Where the court has misinstructed or refused to properly instruct the jury;
(5)
Where the verdict is against law or evidence;
(6)
Where the defendant has discovered important evidence in his or her favor since the verdict; and
(7)
Where, from the misconduct of the jury or from any other cause, the court is of opinion that the defendant has not received a fair and impartial trial.
(d)
The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and the former verdict cannot be used or referred to in evidence or in argument.
Crim. Code, §§ 266-268, 270; C. & M. Dig., §§ 3217-3219, 3221; Pope's Dig., §§ 4057-4059, 4061; A.S.A. 1947, §§ 43-2201 -- 43-2203, 43-2205.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-90-101 — 16-90-123) › Section 16-90-101 - Arrest of judgment

(a)
A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered upon a verdict against him or her or on a plea of guilty.
(b)
The motion may be made at any time before judgment, or after judgment during the same term of the court.
(c)
The only ground upon which a judgment shall be arrested is that the facts stated in the indictment do not constitute a public offense within the jurisdiction of the court.
(d)
The court may arrest the judgment without motion on observing the defect in the indictment named in subsection (c) of this section.
(e)
If the court is of opinion from the evidence on the trial that the defendant is guilty of a public offense, he or she may be detained in custody or on bail in the manner and for the time prescribed in §
16-85-706(b)
. However, otherwise he or she shall be discharged on the arrest of judgment.
Crim. Code, §§ 271-275; C. & M. Dig., §§ 3222-3225; Pope's Dig., §§ 4062-4065; A.S.A. 1947, §§ 43-2206 -- 43-2210.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-90-101 — 16-90-123) › Section 16-90-102 - Presentence officers

(a)
Every judicial district shall have the authority to appoint one (1) or more presentence officers to make such reports to a circuit court as it deems desirable as to the past conduct of any defendant that appears before the circuit court.
(b)
(1)
The appointment of presentence officers shall be in writing and entered upon the records of the circuit court.
(2)
The presentence officer shall have such jurisdiction within the judicial district as is stated in the order of the appointment.
(3)
One (1) presentence officer may be appointed chief presentence officer for the judicial district.
(c)
(1)
The presentence officers shall be paid from the counties composing the judicial district in equal monthly increments as approved by the quorum court of each county but not to exceed thirteen thousand five hundred dollars ($13,500) per year.
(2)
Federal funds disbursed under the direction of the Arkansas Crime Commission [abolished] may be used to pay all or any portion of the salaries of the presentence officers.
Acts 1973, No. 818, § 3; 1975, No. 602, § 2; A.S.A. 1947, § 43-2333.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-90-101 — 16-90-123) › Section 16-90-103 - Sentences without notice void

All sentences made, rendered, or pronounced by any of the courts of the state against anyone without actual or constructive notice, and all proceedings had under such sentences, shall be absolutely null and void.
Acts 1859, No. 147, § 1, p. 172; C. & M. Dig., § 6238; Pope's Dig., § 8194; A.S.A. 1947, § 29-107.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-90-101 — 16-90-123) › Section 16-90-104 - Commitment of women for felony

Women who are convicted of or who plead guilty to the commission of felonies may be committed to the Division of Correction by any court of criminal jurisdiction.
Amended by Act 2021, No. 475,§ 19, eff. 7/28/2021.
Amended by Act 2019, No. 910,§ 859, eff. 7/1/2019.
Acts 1939, No. 117, § 1; 1971, No. 72, § 1; 1971, No. 195, § 1; A.S.A. 1947, § 46-804.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-90-101 — 16-90-123) › Section 16-90-105 - Verdict of guilty

(a)
Upon the return of a verdict of guilty, if tried by a jury, or the finding of guilt if tried by the circuit court without a jury, sentence may be announced.
(b)
The judgment of the circuit court may be then and there entered for sentencing and the entry of the judgment may be postponed to a date certain then fixed by the circuit court not more than thirty (30) days thereafter, at which time probation reports may be submitted, matters of mitigation presented, or any other matter heard that the circuit court or the defendant might deem appropriate to consider before the pronouncement of sentence and entry of the formal judgment.
(c)
If the defendant is ordered to be held without bond or for any reason whatever, the defendant may file a written demand for immediate sentencing, whereupon the trial judge shall cause formal sentence and judgment to be made of record.
(d)
At the time sentence is announced and judgment entered, the trial judge must advise the defendant of his or her right to appeal and either fix or deny bond.
(e)
In its discretion, the trial judge may order:
(1)
The defendant released from custody on his or her own recognizance;
(2)
Another bond fixed;
(3)
The defendant to remain subject to the provisions of his or her bond if the defendant appeared at trial on bail bond; or
(4)
The defendant to the custody of the county sheriff to be held without bond.
Acts 1971, No. 333, § 2; A.S.A. 1947, § 43-2301.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-90-101 — 16-90-123) › Section 16-90-106 - Informed defendant for felony required

(a)
Judgment shall not be rendered against a defendant in case of felony, except in his or her presence. If the defendant is in custody, he or she shall be brought into court by the proper officer, and if not in custody, a bench warrant similar to the bench warrant on indictments shall be issued for his or her arrest.
(b)
When the defendant appears for judgment, he or she must be informed by the court of the nature of the indictment, his or her plea, and the verdict thereon, if any. He or she must be asked if he or she has any legal cause to show why judgment should not be pronounced against him or her.
(c)
He or she may show for cause against the judgment any sufficient ground for a new trial or for arrest of judgment.
(d)
The law in relation to the punishment, pains, and penalties of all persons when convicted, so far as relates to him or her, and the sentence, shall be read to each convict. The consequences shall be fully declared to him or her, so that the person so convicted and sentenced shall in no instance be deemed ignorant of the sentence pronounced on him or her.
Rev. Stat., ch. 44, div. 3, art. 7, § 8; Crim. Code, §§ 280-282; C. & M. Dig., §§ 3234-3236, 3241; Pope's Dig., §§ 4074-4076, 4081; A.S.A. 1947, §§ 43-2302 -- 43-2305.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-90-101 — 16-90-123) › Section 16-90-107 - Fixing of punishment generally

(a)
When a jury finds a verdict of guilty and fails to agree on the punishment to be inflicted, or does not declare the punishment in its verdict, or if it assesses a punishment not authorized by law, and in all cases of a judgment on confession, the court shall assess and declare the punishment and render judgment accordingly.
(b)
(1)
Juries and courts shall have the power to assess the punishment of one convicted of a felony at a general sentence to the Division of Correction. The sentence shall not be less than the minimum nor greater than the maximum time provided by law.
(2)
At any time after the expiration of the minimum time, upon the recommendation of the Director of the Division of Correction and it appearing that a prisoner has a good record as a convict, his or her sentence may be terminated by the Post-Prison Transfer Board.
(c)
If the jury in any case assesses a greater punishment, whether of fine or imprisonment, than the highest limit declared by law for the offense for which the jury convicts the defendant, the court shall disregard the excess and enter judgment and pronounce sentence according to the highest limit prescribed by law in the particular case.
(d)
If the jury in any case assesses a punishment, whether of fine or imprisonment, below the limit prescribed by law for offenses of which the defendant is convicted, the court shall render judgment and pronounce sentence according to the lowest limit prescribed by law in such cases.
(e)
The court shall have power in all cases of conviction to reduce the extent or duration of the punishment assessed by a jury so that the punishment is not in any case reduced below the limit prescribed by law in such cases if the conviction is proper and the punishment assessed is greater than ought to be inflicted under the circumstances of the case.
Amended by Act 2023, No. 659,§ 123, eff. 1/1/2024.
Rev. Stat., ch. 45, §§ 176-179; Acts 1907, No. 440, § 2, p. 1174; C. & M. Dig., §§ 3204, 3230-3233; Pope's Dig., §§ 4040, 4070-4073; A.S.A. 1947, §§ 43-2306 -- 43-2310.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-90-101 — 16-90-123) › Section 16-90-108 - Fixing of punishment - Misdemeanor

(a)
Whenever any person shall be convicted of a misdemeanor and the punishment for the offense is a fine, the judgment shall direct that the defendant be imprisoned until the fine and costs are paid.
(b)
(1)
The person so convicted shall be incarcerated for a period not to exceed one (1) day for each two dollars ($2.00) of the fine and costs.
(2)
Where the laws of this state permit any fine so imposed to be discharged by a person through manual labor upon state, city, or municipal facilities, the fine shall be discharged at a rate not to exceed one (1) day of labor for each five dollars ($5.00) of the fine and cost.
(c)
Nothing in this section shall be construed to limit or restrict the authority of any court to suspend any sentence upon such conditions as the court may impose.
Acts 1969, No. 156, § 1; A.S.A. 1947, § 43-2314.1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-90-101 — 16-90-123) › Section 16-90-109 - Fixing of punishment - Conviction of two or more offenses

(a)
If the defendant is convicted of two (2) or more offenses, the punishment of each of which is confinement, the judgment shall be so rendered that the punishment in one (1) case shall commence after the termination of it in the others.
(b)
When any person is convicted of more than one (1) offense, regardless if all of the convictions are in the same court or if one (1) of the convictions is in a different court of the state, a court of another state, or a federal court, where the punishment for a conviction begins before the expiration of the sentence imposed on the other conviction, the sentencing court shall have the authority to direct that the sentence adjudged shall run concurrently with the other sentence if it shall be deemed best for society and the person convicted.
Crim. Code, § 283; C. & M. Dig., § 3239; Acts 1923, No. 152, § 1; Pope's Dig., § 4056; Acts 1971, No. 193, § 1; A.S.A. 1947, §§ 43-2311, 43-2312.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-90-101 — 16-90-123) › Section 16-90-110 - Fixing of punishment - Judgment of death

Where judgment of death is pronounced, the day of the execution shall be fixed in the judgment. The day of execution shall not be in less than thirty (30) days after the judgment.
Crim. Code, § 285; C. & M. Dig., § 3238; Pope's Dig., § 4078; A.S.A. 1947, § 43-2313.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-90-101 — 16-90-123) › Section 16-90-111 - Correction or reduction of sentence

(a)
Any circuit court, upon receipt of petition by the aggrieved party for relief and after the notice of the relief has been served on the prosecuting attorney, may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided in this section for the reduction of sentence.
(b)
(1)
The circuit court may reduce a sentence within ninety (90) days after the sentence is imposed or within sixty (60) days after receipt by the circuit court of a mandate issued upon affirmance of the judgment or dismissal of the appeal.
(2)
The circuit court may also reduce a sentence upon revocation of probation as provided by law.
Acts 1983, No. 431, § 1; A.S.A. 1947, § 43-2314; Acts 1987, No. 550, § 1; 1999, No. 578, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-90-101 — 16-90-123) › Section 16-90-112 - Fixing of punishment - Removal from certain offices - Exclusion of suffrage

(a)
Where judges of the probate division of circuit court, justices of the peace, county sheriffs, county coroners, county surveyors, jailers, county assessors, prosecuting attorneys, constables, city or police judges, clerks, and marshals shall be convicted upon an indictment for malfeasance or misfeasance in office, for willful neglect in the discharge of their official duties, or for any offense which by statute law or the Arkansas Constitution creates a forfeiture of their offices, the court shall render a judgment of removal from office in addition to the other penalties and punishment prescribed by law.
(b)
Every person convicted of bribery or felony shall be excluded from every office of trust or profit and from the right of suffrage in this state.
Rev. Stat., ch. 44, div. 4, art. 11, § 8; Crim. Code, § 287; C. & M. Dig., §§ 3246, 3247; Pope's Dig., §§ 4091, 4092; A.S.A. 1947, §§ 43-2318, 43-2319.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-90-101 — 16-90-123) › Section 16-90-113 - Fixing of punishment - Judgment for costs

(a)
In judgments against the defendant, a judgment for costs shall be rendered in addition to the other punishment. This judgment shall be taxed by the clerk and shall be for the benefit of the officers rendering the service.
(b)
In case of failure by the defendant to pay the costs, they shall be paid by the county where the conviction is had.
Crim. Code, § 286; Acts 1871, No. 49, § 1 [286], p. 255; C. & M. Dig., § 3243; Pope's Dig., § 4083; A.S.A. 1947, § 43-2316.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-90-101 — 16-90-123) › Section 16-90-114 - Postponement of sentence

(a)
In any case where the pronouncement of final judgment and sentence shall have been postponed, all costs shall be considered due and payable just as if the sentence and judgment had been pronounced.
(b)
It is the intention of this section that the postponement, so far as liability for costs is concerned, shall be regarded as a conviction.
Acts 1923, No. 76, § 3; Pope's Dig., § 4055; A.S.A. 1947, § 43-2325.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-90-101 — 16-90-123) › Section 16-90-115 - Suspension of sentence

(a)
All courts of record, district courts, and city courts in this state shall have the authority to suspend the imposition of sentences or the imposition of fines, or both, in all criminal cases pending before the courts unless specifically prohibited by law.
(b)
(1)
At any time before a court has entered a judgment of conviction against a criminal defendant, the court may dismiss the case and, in that instance, any fine imposed against the defendant shall be considered a civil penalty.
(2)
The court, however, shall assess and disburse the appropriate court costs pursuant to §
16-10-305
et seq.
Acts 1999, No. 463, § 1; 2003, No. 1185, §§ 215, 216.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-90-101 — 16-90-123) › Section 16-90-116 - Taking of bond or note for misdemeanor fine and costs

(a)
Whenever any person is convicted of a misdemeanor by any court or justice of the peace and gives security for the fine and costs adjudged against him or her, the county sheriff or other officer taking the security shall forthwith file the bond or note so taken with the clerk of the court or justice of the peace rendering the judgment.
(b)
(1)
The bond or note, when so filed, shall have the force and effect of a judgment. If the bond or note is not satisfied at maturity, the clerk of the court or the justice of the peace, as the case may be, shall issue an execution against the defendant and the securities. The execution so issued shall have the same force and effect as other executions in criminal cases.
(2)
If the clerk of the court or justice of the peace shall fail or refuse to issue execution as provided in this subsection within sixty (60) days after maturity of the bond or note, he or she shall be liable to indictment for a misdemeanor and upon conviction shall be fined in any sum not less than the amount of the judgments.
Acts 1887, No. 148, § 1, p. 274; 1897, No. 37, § 1, p. 47; C. & M. Dig., §§ 3278, 7560; Pope's Dig., §§ 4126, 9634; A.S.A. 1947, § 43-2317.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-90-101 — 16-90-123) › Section 16-90-117 - Security to keep the peace or be of good behavior

(a)
The court before which any person may be convicted of any criminal offense not punishable by death shall have power, in addition to the sentence prescribed or authorized by law, to require the person to give security to keep the peace or be of good behavior, or both, for any term not exceeding three (3) years from the time he or she may be discharged from prison if imprisonment is a part of the punishment.
(b)
If the person fails to give security as required in subsection (a) of this section, he or she shall be committed to prison, there to remain until the security is given.
(c)
No recognizance given under the provisions of subsection (a) of this section shall be deemed to be broken unless the principal therein is convicted of some offense amounting in judgment of law to a breach of the recognizance.
Rev. Stat., ch. 45, §§ 180-182; C. & M. Dig., §§ 3248, 3249; Pope's Dig., §§ 4093, 4094; A.S.A. 1947, §§ 43-2320 -- 43-2322.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-90-101 — 16-90-123) › Section 16-90-118 - Duty of court to report to Division of Correction

(a)
Whenever any person is sentenced to the Division of Correction, it shall be the duty of the court before which he or she has been convicted to cause to be made and transmitted to the agent of the division a short report of the circumstances attending the offense, particularly those which tended to aggravate or extenuate the offense.
(b)
The agent shall file and preserve the report.
Amended by Act 2019, No. 910,§ 860, eff. 7/1/2019.
Acts 1838, § 11, p. 116; C. & M. Dig., § 3242; Pope's Dig., § 4082; A.S.A. 1947, § 43-2323.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-90-101 — 16-90-123) › Section 16-90-119 - Confiscation of deadly weapons

(a)
When any person is convicted of any homicide, burglary, robbery, assault with intent to kill, assault with a deadly weapon, battery, or any other felony involving a deadly weapon, the court in which the person is convicted may confiscate the deadly weapons involved in the offense and may by court order either:
(1)
Transfer the weapons and the title to the weapons to an appropriate state or local law enforcement agency for use or sale by the law enforcement agency; or
(2)
Order the weapons destroyed if the weapons are not suitable for use or sale by law enforcement agencies.
(b)
(1)
The sale of weapons by a law enforcement agency under this section shall be at a public auction or by competitive bid.
(2)
The sale shall be subject to a background check of the purchaser through the Federal Bureau of Investigation's National Instant Criminal Background Check System.
(3)
The sale shall not include illegal weapons.
(4)
The proceeds of the auction shall be retained by the law enforcement agency.
Acts 1953, No. 267, § 1; A.S.A. 1947, § 43-2327; Acts 1987, No. 712, § 1; 2005, No. 889, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-90-101 — 16-90-123) › Section 16-90-121 - Second or subsequent felony with firearm

Any person who is found guilty of or pleads guilty or nolo contendere to a second or subsequent felony involving the use of a firearm shall be sentenced to a minimum term of imprisonment of ten (10) years in the Division of Correction without eligibility of parole or community correction transfer but subject to reduction by meritorious good-time credit or earned release credits.
Amended by Act 2023, No. 659,§ 126, eff. 1/1/2024.
Amended by Act 2019, No. 910,§ 862, eff. 7/1/2019.
Acts 1981, No. 583, § 1; A.S.A. 1947, § 43-2336.1; Acts 2001, No. 1783, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-90-101 — 16-90-123) › Section 16-90-122 - Post-conviction release of nonviolent offenders

(a)
Except as provided in subsection (b) of this section, any circuit judge may authorize the temporary release of an offender in the county sheriff's custody who has:
(1)
Been found guilty of or pleaded guilty or nolo contendere to a nonviolent felony offense in circuit court; and
(2)
Been sentenced to a term of imprisonment and committed to the Division of Correction or the Division of Community Correction and is awaiting transfer to the Division of Correction or the Division of Community Correction.
(b)
A circuit judge shall not authorize the temporary release of an offender under subsection (a) of this section if the offender has been found guilty of or pleaded guilty or nolo contendere to a:
(1)
Class Y felony offense listed in §
16-93-618
; or
(2)
Felony sex offense listed in the definition of "sex offense" in §
12-12-903
.
(c)
(1)
The circuit judge may authorize the release under the terms and conditions that he or she determines are necessary to protect the public and to ensure the offender's return to custody upon notice that bed space is available at the Division of Correction or the Division of Community Correction.
(2)
The circuit judge may require a cash or professional bond to be posted in an amount suitable to ensure the offender's return to custody.
Amended by Act 2019, No. 910,§ 864, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 863, eff. 7/1/2019.
Acts 2005, No. 1261, § 1; 2007, No. 279, § 1; 2011, No. 570, § 77.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-90-101 — 16-90-123) › Section 16-90-123 - [Repealed]

Repealed by Act 2015, No. 1152,§ 10, eff. 7/22/2015.
Added by Act 2013, No. 1157,§ 7, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 2 - MULTIPLE CONVICTIONS (§§ 16-90-201 — 16-90-205) › Section 16-90-201 - Punishment for second or subsequent convictions generally

Any person convicted of an offense which is punishable by imprisonment in the Division of Correction who shall subsequently be convicted for another offense shall be punished as follows:
(1)
If the second offense is such that, upon a first conviction, the offender could be punished by imprisonment for a term less than his or her natural life, then the sentence to imprisonment shall be for a determinate term not less than one (1) year more than the minimum sentence provided by law for a first conviction of the offense for which the defendant is being tried, and not more than the maximum sentence provided by law for this offense, unless the maximum sentence is less than the minimum sentence plus one (1) year, in which case the longer term shall govern;
(2)
If the third offense is such that, upon a first conviction, the offender could be punished by imprisonment for a term less than his or her natural life, then the person shall be sentenced to imprisonment for a determinate term not less than three (3) years more than the minimum sentence provided by law for a first conviction of the offense for which the defendant is being tried, and not more than the maximum sentence provided by law for the offense, unless the maximum sentence is less than the minimum sentence plus three (3) years, in which case the longer term shall govern; and
(3)
(A)
If the fourth or subsequent offense is such that, upon a first conviction, the offender could be punished by imprisonment for a term less than his or her natural life, then the person shall be sentenced to imprisonment for the fourth or subsequent offense for a determinate term not less than the maximum sentence provided by law for a first conviction of the offense for which the defendant is being tried, and not more than one and one-half (1½) times the maximum sentence provided by law for a first conviction.
(B)
However, any person convicted of a fourth or subsequent offense shall be sentenced to imprisonment for no less than five (5) years.
Amended by Act 2019, No. 910,§ 870, eff. 7/1/2019.
Acts 1953, No. 228, § 1; 1967, No. 639, § 1; A.S.A. 1947, § 43-2328.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 2 - MULTIPLE CONVICTIONS (§§ 16-90-201 — 16-90-205) › Section 16-90-202 - Punishment for third conviction for certain offenses

(a)
When any person shall be convicted of murder, rape, carnal abuse, or kidnapping and it shall be shown that the person has been twice previously convicted of any of the above-mentioned crimes in this state or any other state, upon the third conviction the person shall be deemed a habitual criminal and shall be sentenced to life imprisonment in the Division of Correction.
(b)
However, nothing in this section shall be construed to abolish or otherwise affect punishment by death for crimes which are punishable by death.
Amended by Act 2019, No. 910,§ 871, eff. 7/1/2019.
Acts 1967, No. 212, § 1; A.S.A. 1947, § 43-2328.1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 2 - MULTIPLE CONVICTIONS (§§ 16-90-201 — 16-90-205) › Section 16-90-204 - Evidence of former conviction

The duly certified copy of the record of a former conviction and judgment of any court of record for imprisonment in the penitentiary against the person indicated or the certificate of the warden or other chief officer of any penitentiary of this state or any other state in the United States, of the United States Government, of any foreign country, or of the chief custodian of the records of the United States Department of Justice containing the name and the fingerprints of the person imprisoned as they appear in the records of his or her office shall be prima facie evidence, upon the trial of any person for a second and subsequent offense, of the conviction and judgment of imprisonment in the penitentiary and may be used in evidence against the person.
Acts 1953, No. 228, § 3; 1961, No. 95, § 1; A.S.A. 1947, § 43-2330.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 2 - MULTIPLE CONVICTIONS (§§ 16-90-201 — 16-90-205) › Section 16-90-205 - Trial procedure for habitual criminals

The following trial procedure shall be adhered to in cases involving habitual criminals:
(1)
The jury shall first hear all of the evidence pertaining to the current charge against the defendant and shall retire to reach its verdict as to this charge based only upon the evidence. However, nothing in this subdivision (1) shall prohibit cross-examination of a defendant as to previous convictions when the defendant takes the stand in his or her own defense;
(2)
If the defendant is found guilty, the same jury shall sit again and hear evidence of the defendant's prior conviction or convictions. However, the defendant shall have the right to deny the existence of any prior convictions and to offer evidence in support of this denial; and
(3)
The jury shall again retire, and if it is found that one (1) or more prior convictions exist or if the defendant admits the previous conviction or convictions, then the prior conviction or convictions shall be considered in fixing the punishment for the current offense for which the defendant has been convicted in accordance with §
16-90-201
.
Acts 1967, No. 639, § 2; A.S.A. 1947, § 43-2330.1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 3 - RESTITUTION TO VICTIMS (§§ 16-90-301 — 16-90-311) › Section 16-90-301 - Legislative determination

The General Assembly recognizes that many innocent persons suffer injury, death, property damage, and resultant financial hardship because of crimes committed in this state and that there is a genuine need in this state to establish a method whereby the responsible offender, as far as practicable, may be required to make restitution to his or her victim so as to make that victim whole with respect to the financial injury suffered.
Acts 1981, No. 704, § 1; A.S.A. 1947, § 43-2350.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 3 - RESTITUTION TO VICTIMS (§§ 16-90-301 — 16-90-311) › Section 16-90-302 - Subchapter amendatory and supplemental

The provisions of this subchapter are amendatory and supplemental to Acts 1977, No. 482, as amended.
Acts 1981, No. 704, § 6; A.S.A. 1947, § 43-2355.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 90 - JUDGMENT AND SENTENCE GENERALLY (§§ 16-90-101 — 16-90-1505) › Subchapter 3 - RESTITUTION TO VICTIMS (§§ 16-90-301 — 16-90-311) › Section 16-90-307 - Restitution fund

(a)
The circuit judges of each judicial district may establish a restitution fund to be administered by the circuit judge, the prosecuting attorney, or probationary agency, whichever the circuit judge shall designate.
(b)
The circuit judges shall provide rules and regulations for this restitution fund and shall supervise the restitution fund.
(c)
(1)
The circuit judges may levy additional fines against criminal defendants and place the additional fine money in the restitution fund of the judicial district.
(2)
The additional fines shall be in an amount not to exceed the amount of the criminal penalty fine provided by law for the offense.
(3)
The additional fine money shall be remitted to the restitution fund, to be deposited into a depository other than the county treasurer or State Treasury.
(d)
Application for restitution may be made by victims of crime by written petition to the circuit judge, and the application shall be ruled upon without hearing.
(e)
Nothing in this section shall be construed as prohibiting any circuit judge from requiring any specific defendant to make direct restitution to specific victims.
Acts 1983, No. 807, § 1; A.S.A. 1947, § 43-2356.