Chicago, IL asked in Criminal Law for Arkansas

Q: Is the state of Arkansas required to serve all outstanding warrants at the time of a suspects arraignment?

My husband was arrested May 26th, 2022, around 10pm for fleeing in vehicle, in addition to outstanding warrants for a class Y delivery charge and FTP on a driving offense. The class Y arrest warrant was issued in Sept of 2019. We had no knowledge of the charges or warrant prior to arrest. He has pleaded not guilty. He was booked into the Arkansas County jail from which the warrant was issued at 1:30am and arraigned the same day at 1pm via video court. He was not allowed to consult his public defender before or after. His public defender did not request a bond reduction from the current $200k. He didn't give or get his name. His next court date isn't until July 19th. The problem is that he has yet to be served the warrant for the class Y. The charge appears in his booking information and in Arkansas court connect. He was made aware of the class y and additional charges at the time of arrest, booking and arraignment. Why have they not served the warrant or issued a court date?

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1 Lawyer Answer
Richard Lane Hughes
Richard Lane Hughes
  • Criminal Law Lawyer
  • Little Rock, AR
  • Licensed in Arkansas

A: "No" is the easy answer. That is, not with the intent to ambush a citizen with a warrant to get an existing bail bond revoked. The problem is that there is no requirement that all existing warrants be served at a given time. Warrants can become stale or subject to attack for several reasons though. As a practical matter, your husband, through his attorney, needs to seek to reduce that bond and disclose to the court that there is a warrant that has not been served. If the court has jurisdiction, it may consider the outstanding warrant and set a reasonable bond that will cover both or several cases. You do not explain how you are aware of the warrant. My guess is that your husband may have been served and doesn't realize it. Sometimes when one is arrested and taken into custody the stress of the situation is such that events occur that an accused may not appreciate. He needs an attorney.

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