2020 Arkansas Code
Title 16 - Practice, Procedure, And Courts
Subtitle 6 - Criminal Procedure Generally
Chapter 93 - Probation and Parole
Subchapter 3 - Probation and Suspended Imposition of Sentence
§ 16-93-303. Probation — First time offenders — Procedure

Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

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  1. (a)
    1. (1)
      1. (A)
        1. (i) When an accused enters a plea of guilty or nolo contendere prior to an adjudication of guilt, the circuit court or district court, in the case of a defendant who previously has not been convicted of a felony, without making a finding of guilt or entering a judgment of guilt and with the consent of the defendant, may defer further proceedings and place the defendant on probation for a period of not less than one (1) year, under such terms and conditions as may be set by the circuit court or district court.
        2. (ii) A sentence of a fine not exceeding three thousand five hundred dollars ($3,500) or an assessment of court costs against a defendant does not negate the benefits provided by this section or cause the probation placed on the defendant under this section to constitute a conviction except under subsections (c)-(e) of this section.
        1. (i) An offense that requires the person to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.;
        2. (ii) Public sexual indecency, § 5-14-111;
        3. (iii) Indecent exposure, § 5-14-112;
        4. (iv) Bestiality, § 5-14-122;
        5. (v) Exposing another person to the human immunodeficiency virus, § 5-14-123; or
        6. (vi) A serious felony involving violence or a felony involving violence as provided in § 5-4-501.
        1. (1) Application of any law prohibiting possession of a firearm by certain persons;
        2. (2) A determination of habitual offender status;
        3. (3) A determination of criminal history;
        4. (4) A determination of criminal history scores;
        5. (5) Sentencing; and
        6. (6) A purpose of impeachment as a witness under Rule 609 of the Arkansas Rules of Evidence.
        1. (1) A determination of habitual offender status;
        2. (2) A determination of criminal history;
        3. (3) A determination of criminal history scores;
        4. (4) Sentencing; and
        5. (5) A purpose of impeachment as a witness under Rule 609 of the Arkansas Rules of Evidence.
        1. (1)
          1. (A)
            1. (i) Enroll in and complete a vocational, technical, educational, or similar program if the court finds that the defendant's lack of an employable or marketable skill contributes to the defendant's being unemployed.
            2. (ii) The court may order the person to pay tuition for any vocational, technical, educational, or similar program in installments after the completion of the education or training program.
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