US Lawyer Database

§ 16-84-109. Irregularity of bail bond or recognizance

(a) No bail bond or recognizance shall be deemed to be invalid by: (1) Reason of any variance between its stipulations and the provisions of this chapter; (2) The failure of the judge or magistrate or officer to transmit or deliver the bail bond or recognizance at the times provided in this subchapter; or (3) […]

§ 16-84-110. Bail before conviction

Before conviction, the defendant may be admitted to bail for his or her appearance: (1) Before a judge or magistrate for an examination of the charge, where the offense charged is a misdemeanor; (2) In the court to which he or she is sent for trial; (3) To answer an indictment which has been found […]

§ 16-84-111. Bail during trial

(a) During the trial of an indictment for a misdemeanor, the defendant may remain on bail. (b) However, for a felony when a defendant is upon bail, he or she may remain upon bail or be kept in actual custody as the court may direct. If the defendant remains on bail, any surety’s liability shall […]

§ 16-84-112. Entering of recognizance on court minutes

All recognizances required or authorized to be taken in any criminal proceeding, in open court, by any court of record shall be entered on the minutes of the court, and the substance thereof shall be read to the person recognized.

§ 16-84-101. Definitions

As used in this chapter: (1) “Admission to bail” means an order from a competent court or magistrate that the defendant be discharged from actual custody on bail and fixing the amount of the bail; (2) “Direct supervision” means the person is in the physical presence of and acting pursuant to instructions from an Arkansas-licensed […]

§ 16-84-102. Persons authorized to take bail

(a) The following may take bail: (1) A judge, magistrate, or clerk of the court; (2) A sheriff or deputy sheriff with respect to any person committed to the common jail of the county; (3) Any law enforcement officer designated by a municipal police department with respect to any person committed to a municipal jail; […]

§ 16-84-103. Qualification of surety

(a) The surety shall be: (1) A professional bail bondsman acting through a professional bail bond company; or (2) A resident of the state, owner of visible property, over and above that exempt from execution, to the value of the sum in which bail is required, and shall be worth that amount after the payment […]

§ 16-84-104. Additional security

There shall be no rules, regulations, or requirements enacted by any judge, magistrate, sheriff, or other officer of the court, requiring any professional bail bondsman or professional bail bond company to post any sum of security in addition to that required by the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board pursuant to […]

§ 16-84-105. Responsibility of officer taking bail

(a) The officer who takes bail shall be officially responsible for the sufficiency of the surety if taken other than through a professional bail bondsman. (b) If the surety is not a professional bail bondsman, and the defendant has not yet appeared before a judicial officer pursuant to Rule 9 of the Arkansas Rules of […]

§ 16-84-106. Attorneys and officers not to be sureties

No attorney, solicitor, or counselor at law or in equity, clerk, sheriff, chief of police, law enforcement officer, or other person concerned in the execution of any process, shall become a personal guarantor or surety in any criminal proceeding.