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statute of limitationsUnited States · Arkansas (Statewide)Difficulty: Easy

1-Year Limitation on Misdemeanor Prosecution

Ark. Code §5-1-109(b)(3) sets the limitations period for misdemeanors — including municipal ordinance parking violations — at one (1) year from the date of the offense. If the city fails to commence prosecution within 12 months, it is time-barred. Old citations resurfaced through registration holds or collection are still subject to this defense.

Legal basis

Ark. Code §5-1-109(b)(3); §16-90-101 (sentence imposition); Ark. R. Crim. P. 28.1 (speedy trial)

Sample appeal wording

MOTION TO DISMISS — STATUTE OF LIMITATIONS The citation issued [DATE] was not prosecuted within 12 months as required by Ark. Code §5-1-109(b)(3). Prosecution commenced [DATE], more than 1 year after the offense. Dismissal with prejudice is required. All registration holds must be released. [NAME, DATE]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • Arkansas Code §5-1-109(b)(3)
  • Arkansas Rules of Criminal Procedure

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