What Do You Do When You Are On Trial For a Crime In Arkansas?

When accused and charged with a crime in Arkansas, the alleged offender and their attorney(s) typically gather evidence that may support their defense during a criminal trial. On the other hand, the prosecutors are tasked with proving the defendant’s guilt beyond a reasonable doubt. In selected cases, the legal representatives of both parties negotiate a plea agreement. Following Arkansas Judiciary rules, a trial commences if both sides cannot reach a plea agreement.

What Percentage of Criminal Cases Go to Trial in Arkansas?

Data collated by the National Centre for State Courts in their 2018 statistics report states that the total number of dispositions for criminal cases within the year totaled 45,672. Approximately 1,510 criminal cases were disposed of through jury trials, which constituted 3.31% of the total criminal cases. Bench trials handled 4,647 criminal cases, which was 10.17% of the total number of criminal cases handled by the court of general jurisdiction during the year.

When Does a Criminal Defendant Have the Right to a Trial?

All defendants charged with criminal offenses in Arkansas generally have the right to a trial. According to Article 2, Section 10 of the Arkansas Constitution, accused individuals in criminal prosecutions have the privilege of a speedy and public trial and are informed of the nature of the charges against them. A defendant may demand a trial by jury or a bench trial.

What Are The Stages of a Criminal Trial in Arkansas?

The stages of a criminal trial process in Arkansas typically include:

• Selection of the Jury
• Opening statements by both sides
• Presentation of Arguments (evidence and witnesses)
• Jury Instructions
• Closing Arguments
• Jury Deliberation
• Verdict
• Sentencing

How Long Does it Take for a Case to Go to Trial in Arkansas?

The time it takes for a case to go to trial in Arkansas may depend on the severity of the charges against the defendant. Typically, a prosecutor has twelve months to bring a defendant to trial, unless the defendant is incarcerated. For incarcerated defendants, the prosecution usually begins within nine months. A defendant’s attorney may also need more time to prepare a case.

What Happens When a Court Case Goes to Trial in Arkansas?

In Arkansas, the trial procedure begins with the jury, which consists of twelve persons selected and sworn to deliberate over the case. The prosecutor’s presentation is followed by the defendant’s attorney's opening statement. During the opening statement, the attorneys state the case and brief the court about the available evidence.

Subsequently, prosecutors present any evidence that is useful for buttressing their claims, and any verbal testimony is introduced through a witness. The opposing party may cross-examine the witnesses, and the defendant may do the same. However, the burden of proof rests with the prosecutors, and the defense counsel may not be compelled to present a case.

After both sides have rested their cases, the judge reads the jury instructions to the jury. It informs them about the laws to consider during their deliberation. The jury instructions are followed by closing arguments from both sides, beginning with the prosecutor's presentation. Each side tries to convince the jury to view the case from their perspective before resting their case.

Hence, the jury goes to a private room to begin deliberation and elects a foreperson to preside over the discussion. During deliberation, the jury is expected to reach a unanimous verdict based on the facts and evidence presented in court. The foreperson records the verdict on the form supplied by the court, and it is read out when the jurors return to the jury box.

If the verdict finds the defendant guilty, the jury recommends a sentence, and the judge decides whether to accept the recommendation.

What Does it Mean to be Indicted in Arkansas?

An indictment in Arkansas is a formal charging document issued by a grand jury, indicating that citizens serving on the jury have reviewed the case and found probable cause to charge a suspect with the alleged offense. Under the Code of Ark. A.C.A. § 16-85-402, at least 12 of the 16 grand jurors must agree before an indictment (often called a true bill) can be returned.

According to the Code of Arkansas, indictments must meet some general requisites, some of which include:

• The offense must have occurred within the court’s jurisdiction and before the indictment was found, according to the indictment.
• The indictment must be found by a county grand jury that is appointed by a court that has the authority to receive it.
• To satisfy due process of law, the act or omission that is charged as an offense is specified with sufficient certainty.
• The indictment must be endorsed “A True Bill” and signed by the foreman.

An indictment is not the same as being convicted of a crime. It merely flags off the prosecutor’s right to bring formal charges against a suspect and institute criminal proceedings in the superior court.

After an indictment has been issued (often referred to as a “true bill”), the case proceeds to arraignment. The defendant is formally charged in court and asked to enter a plea of “not guilty” or “guilty”. The arraignment stage is followed by the pretrial stages, which typically include motions, discovery of evidence, possible hearings, and then trial if no plea deal was bargained—Code of Ark. A.C.A. § 16-85-602).

The defendant is presumed innocent unless proven guilty at trial or unless they plead guilty.

Does Indictment Mean Jail Time in Arkansas?

No. An indictment does not necessarily mean the defendant will be sent to jail. Though pretrial jail or detention can occur under the following circumstances:

• If a judge denies release or bail because the defendant is seen as a flight risk or danger to others.
• If a judge sets bail and the defendant cannot pay it or meet release conditions.
• If the crime is grave (violent felony, repeat offenses, etc.), statutes or courts may allow for stricter detention.

In accordance with Arkansas Rule of Criminal Procedure 9.2, defendants usually appear for arraignment and may be released on bail. Jail follows only after a person is convicted by trial or plea.

Can You Be Put On Trial Twice for The Same Crime in Arkansas?

No. Under § 5–1–112 of the Arkansas code, persons prosecuted for a particular criminal offense cannot be tried again for the same offense. The former prosecution automatically acts as a defense to a subsequent prosecution for the same crime. This may occur regardless of whether the initial prosecution resulted in an acquittal, a conviction, or the termination of the prosecution proceedings.

How Do I Lookup a Criminal Court Case in Arkansas?

To look up a criminal court case in Arkansas, interested parties may request the desired record from the court clerk who handled the case filings. The Arkansas Judiciary site provides an online directory that querying parties can use to find the location and contact information of the court clerks. Individuals may also visit third-party websites that provide access to information on criminal court cases in the state.

How To Access Electronic Court Records in Arkansas?

The administrative office of the Arkansas Judiciary maintains a search portal that allows individuals to access electronic court records. Users may obtain case information from all the state courts. To retrieve court records, searches can be conducted by party name, case type, date of filing, or judgment. However, parties involved in court cases may have limited access to information. More information may only be available from the records office's custodian.

How Do I Remove Public Court Records in Arkansas?

The removal of public court records in Arkansas can be done by sealing such records to prevent ineligible persons from accessing them. Individuals eligible to seal desired court records under § 16–90–1413 can file a petition in the court where the records were generated and maintained. Interested individuals may complete the Petition and Order to Seal form and file it with the court clerk. While sealed records are inaccessible to the general public, persons/organizations who still have the authority to view them include:

• The defendant and their attorney
• A court for the conviction of another crime
• A prosecuting attorney
• The Criminal Justice Agency for a job recommendation
• The Arkansas Crime Information Center