Arkansas Statutes
§ 5-2-311 — Lack of fitness to proceed - Motions without defendant's personal participation
Arkansas § 5-2-311
JurisdictionArkansas
Title5
This text of Arkansas § 5-2-311 (Lack of fitness to proceed - Motions without defendant's personal participation) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Ark. Code Ann. § 5-2-311 (2026).
Text
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.
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Related
Smith v. State
380 S.W.3d 524 (Court of Appeals of Arkansas, 2011)
Legislative History
Acts 1975, No. 280, § 608; A.S.A. 1947, § 41-608.
Nearby Sections
15
§ 5-1-101
Title§ 5-1-102
Definitions§ 5-1-103
Applicability to offenses generally§ 5-1-104
Territorial applicability§ 5-1-106
Felonies§ 5-1-107
Misdemeanors§ 5-1-108
Violations§ 5-1-109
Statute of limitationsCite This Page — Counsel Stack
Bluebook (online)
Arkansas § 5-2-311, Counsel Stack Legal Research, https://law.counselstack.com/statute/ar/5-2-311.