Arkansas § 5-1-115 - Former prosecutions that are not affirmative defenses.
Full text of Arkansas Arkansas Code of 1987 Annotated § 5-1-115 — Former prosecutions that are not affirmative defenses., with citation guidance and answers to common questions.
§ 5-1-115. Former prosecutions that are not affirmative defenses.
A former prosecution is not an affirmative defense within the meaning of §§ 5-1-112 — 5-1-114 under any of the following circumstances: The former prosecution was before a court that lacked jurisdiction over the defendant or the offense; 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 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.
Source: official Arkansas text · Last verified 2026-08-27
Frequently Asked Questions About Arkansas § 5-1-115
What does Arkansas Code of 1987 Annotated § 5-1-115 cover?
Section 5-1-115 ("Former prosecutions that are not affirmative defenses.") is part of the Arkansas Code of 1987 Annotated, the codified statutory law of Arkansas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Arkansas § 5-1-115?
A common citation format is "Arkansas Code of 1987 Annotated § 5-1-115" (Arkansas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Arkansas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Arkansas official source linked on this page or consult a licensed Arkansas attorney.
How does Arkansas § 5-1-115 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Arkansas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Arkansas.