Lack of fitness to proceed — Motions without defendant's personal participation

  1. Law
  2. Arkansas Code
  3. Criminal Offenses
  4. General Provisions
  5. Principles of Criminal Liability
  6. Mental Disease or Defect
  7. Lack of fitness to proceed — Motions without defendant's personal participation

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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. (1) A ground that the:

    1. (A) Indictment is insufficient;

    2. (B) Statute of limitations has run; or

    3. (C) Prosecution is barred by a former prosecution; or

  2. (2) Any other ground that the court deems susceptible of fair determination prior to trial.


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