Ark. Code § 5-2-311

Current with legislation from 2024 effective through May 3, 2024.

Section 5-2-311 - Lack of fitness to proceed - Motions without defendant's personal participation

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.

Ark. Code § 5-2-311

Acts 1975, No. 280, § 608; A.S.A. 1947, § 41-608.