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Current as of March 28, 2024 | Updated by Findlaw Staff
A former prosecution is not an affirmative defense within the meaning of §§ 5-1-112--5-1-114 under any of the following circumstances:
(1) The former prosecution was before a court that lacked jurisdiction over the defendant or the offense;
(2) The former prosecution was procured by the defendant without the knowledge of the appropriate prosecuting official or aggrieved party and with the purpose of avoiding the sentence that might otherwise be imposed; or
(3) The former prosecution resulted in a judgment of conviction that was held invalid in a subsequent proceeding on a writ of habeas corpus, coram nobis, or similar process.
Cite this article: FindLaw.com - Arkansas Code Title 5. Criminal Offenses § 5-1-115. Former prosecutions--Exceptions - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-1-115/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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