US Lawyer Database

§ 16-85-601. Definition

As used in this code, unless the context otherwise requires, the “process on an indictment” consists of the writs for arresting or summoning the defendant to appear and answer the indictment.

§ 16-85-602. Order of court upon indictment

Upon an indictment’s being found, if the defendant is not in custody or on bail the court shall forthwith make an order for process to be issued on the indictment, designating whether it shall be for arresting or summoning the defendant.

§ 16-85-603. Arrest — Issuance

(a) The process of arrest shall be issued by the clerk upon the order of the court and may be reissued from time to time by order of the prosecuting attorney. (b) The process of arrest on an indictment shall be a bench warrant. (c) A bench warrant may be substantially in the following form: […]

§ 16-85-506. Witnesses — Joint offenders

In all cases where two (2) or more persons are jointly or otherwise concerned in the commission of any criminal offense, either of the persons may be sworn as a witness in relation to the criminal offense, but the testimony given by the witness in no instance shall be used against him or her in […]

§ 16-85-507. Witnesses — Refusal to testify

When a witness, under examination, refuses to testify or to answer a question put to him or her by the grand jury, the foreman shall proceed with the witness into the presence of the court, and there distinctly state the refusal of the witness. If the judge, upon hearing the witness, shall decide that the […]

§ 16-85-508. Witnesses — Securing testimony of material witnesses

(a) If there is a reasonable belief that a material witness in any grand jury investigation may absent himself or herself from the jurisdiction or otherwise avoid service of a subpoena, a judicial officer, as defined in Arkansas Rules of Criminal Procedure 1.6(c), shall impose conditions of release pursuant to Arkansas Rules of Criminal Procedure […]

§ 16-85-509. Witnesses — Compensation

(a) It shall be the duty of the foreman of each grand jury in this state to keep an abstract showing the name of each person subpoenaed and appearing as a witness before the grand jury, the number of days attended, and the amount due the person as a witness. The abstract shall be verified […]

§ 16-85-510. Disclosure of media sources

Before any editor, reporter, or other writer for any newspaper, periodical, radio station, television station, or internet news source, or publisher of any newspaper, periodical, or internet news source, or manager or owner of any radio station shall be required to disclose to any grand jury or to any other authority the source of information […]

§ 16-85-511. Evidence

The grand jury is not bound to hear evidence for the defendant, but it is their duty to weigh all the evidence before them. If they believe that other evidence will explain away the charge, they should order the evidence to be produced.

§ 16-85-405. Sufficiency and errors

(a) (1) The indictment is sufficient if it can be understood from the indictment: (A) That it was found by a grand jury of a county, impaneled in a court having authority to receive the indictment; (B) That the offense was committed within the jurisdiction of the court and at some time prior to the […]