Arrested but Not Charged Yet in Arkansas? Here’s What You Should Know
If you’ve been arrested in Arkansas but not formally charged, the clock is ticking. Learn what happens between arrest and charging — and why early legal help matters.
THE CRIMINAL COURT PROCESS
What Happens Between Arrest and Charges
If you’ve been arrested in Arkansas but haven’t been formally charged, you’re in a critical waiting period. Police may still be investigating, or the prosecutor may be reviewing evidence to decide whether to file charges. During this gap, your case isn’t over — it’s pending.
Under Arkansas Rule of Criminal Procedure 8.1, anyone arrested must be brought before a judge “without unnecessary delay,” usually within 48 to 72 hours. But formal charges can still come later, once the prosecutor files an information or a grand jury issues an indictment.
If the arrest itself lacked probable cause, your defense lawyer may later challenge the legality of the stop or detention. (Read more about how Arkansas courts define that in Probable Cause and Reasonable Suspicion in Arkansas: What You Should Know).
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Acting Before Charges Are Filed
Even if the prosecutor hasn’t filed your case, you should:
Avoid discussing the case with anyone but your lawyer.
Keep records of what happened at the arrest.
Contact a defense attorney immediately.
A strong early defense can sometimes make the difference between no charges and a formal prosecution.
If you or a loved one has been arrested but not charged in Arkansas, call Ludwig Law Firm at 501-838-4043 or visit our criminal defense page.
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Disclaimer: The information provided in this blog is for general informational purposes only and is not intended as legal advice. Reading this blog or interacting with Ludwig Law Firm through this content does not create an attorney-client relationship. Every legal case is different, and you should not act or rely on any information in this blog without first consulting with a licensed attorney about your specific situation. For legal guidance tailored to your needs, please contact Ludwig Law Firm directly.
This time between arrest and charging is when a defense lawyer can have the most impact. A lawyer can intervene before the state commits to charges, sometimes persuading prosecutors to drop or downgrade the case.
Why This Gap Matters
Even if you haven’t been charged yet, the state may still be building its case. Investigators could be interviewing witnesses, analyzing digital data, or waiting for lab results. Meanwhile, your words can still be used against you — even if you think the matter is resolved.
A lawyer can:
Collect evidence while it’s still available
Communicate directly with prosecutors to clarify facts
Argue for dismissal before a charge is filed
Protect your rights during questioning or pretrial detention
If police collected evidence unlawfully, it may later be thrown out in court. Learn how that process works in How to Suppress Illegally Obtained Evidence in Arkansas Courts.
What Charges Could Follow
Depending on what prosecutors decide, your case may be filed as a misdemeanor or a felony. Each class of felony carries different penalties and implications for bail, probation, and long-term consequences. For a detailed breakdown, visit Felony Classes in Arkansas: A Straightforward Guide.
Ludwig’s Strategic Advantage: Why Our Arkansas Defense Lawyers Simply Win
Our firm tries cases in front of a jury all the time. That readiness gives our clients leverage even before charges are filed. For more than 43 years, Ludwig Law Firm has helped Arkansans navigate the uncertain period between arrest and prosecution. When additional courtroom strength is needed, we often partner with Harry Warden, a Little Rock criminal defense lawyer. Together, Ludwig and Warden Law Firms deliver both client care and courtroom power.
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Why Arkansans Choose Ludwig Criminal Defense
Frequently Asked Questions
Q. How long can police hold you without charges in Arkansas?
A. Typically 48–72 hours, under Rule 8.1 of the Arkansas Rules of Criminal Procedure.
Q. Can I be released if charges aren’t filed?
A. Yes. If the prosecutor doesn’t file within a reasonable time, you can be released — though charges may still follow.
Q. Do I need a lawyer even if I haven’t been charged yet?
A. Yes. A lawyer can negotiate early and sometimes prevent charges from ever being filed.
