2010 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 1 - General Provisions
Chapter 2 - Principles of Criminal Liability
Subchapter 3 - Mental Disease or Defect
§ 5-2-311 - Lack of fitness to proceed -- Motions without defendant's personal participation.

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.

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