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16-89-103. Presence of defendant.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-89-103. Presence of defendant.
(a)(1) If the indictment is for a felony, the defendant must be present during the trial.
(2)(A)(i) If he or she escapes from custody after the trial has commenced or is present at the beginning of the trial and then causes himself or herself to be unable to appear at trial or if on bail shall absent himself or herself during the trial, the trial may either be stopped or progress to a verdict at the discretion of the court.
(ii) This provision shall apply in all instances except where the death penalty is sought.
(B) However, judgment shall not be rendered until the presence of the defendant is obtained.
(b) If the indictment is for a misdemeanor, the trial may be had in the absence of the defendant.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-89-103
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-89-103
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 15998bc3018dd5832af437e5e500209654a97acf4adf04a953aebf0363e33e9c
Source location: content.xml paragraph 32359
Stored source content
16-89-103. Presence of defendant.
(a)(1) If the indictment is for a felony, the defendant must be present during the trial.
(2)(A)(i) If he or she escapes from custody after the trial has commenced or is present at the beginning of the trial and then causes himself or herself to be unable to appear at trial or if on bail shall absent himself or herself during the trial, the trial may either be stopped or progress to a verdict at the discretion of the court.
(ii) This provision shall apply in all instances except where the death penalty is sought.
(B) However, judgment shall not be rendered until the presence of the defendant is obtained.
(b) If the indictment is for a misdemeanor, the trial may be had in the absence of the defendant.
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