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Current as of March 28, 2024 | Updated by Findlaw Staff
(a) When a defendant intends to raise lack of criminal responsibility as a defense in a prosecution or put in issue his or her fitness to proceed, the defendant shall notify the prosecutor and the court at the earliest practicable time.
(b)(1) Failure to notify the prosecutor within a reasonable time before the trial date entitles the prosecutor to a continuance that for limitation purposes is deemed an excluded period granted on application of the defendant.
(2) Alternatively, in lieu of suspending any further proceedings under § 5-2-328, the court may order the immediate examination of the defendant at a designated receiving facility or program by an expert.
Cite this article: FindLaw.com - Arkansas Code Title 5. Criminal Offenses § 5-2-304. Notice requirement - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-2-304/
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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