How Long Can Police Hold You Without Charges in Arkansas?

Learn how long Arkansas police can detain you without charges, when you must see a judge, and what to do if you’ve been held longer than the law allows.

EVIDENCE, STOPS, AND POLICE ENCOUNTERS

Ludwig Law Firm

10/22/20253 min read

Understanding the Detention Timeline

The Clock Starts the Moment You’re Arrested

In Arkansas, police cannot hold someone indefinitely without charges. The state’s Rules of Criminal Procedure require that any person arrested be taken before a judge “without unnecessary delay.” This usually means within 48 to 72 hours, depending on weekends, holidays, or court availability.

That first appearance is called an initial appearance or bond hearing — it’s when you’re officially told why you were arrested and whether you’ll be released while the case continues.

If that hearing doesn’t happen within a reasonable time, your lawyer can file a motion to have you released or to challenge the legality of the detention.

If You’ve Been Held Too Long, Act Now

If you or a loved one has been detained for more than 72 hours without a court appearance, it’s time to act. Call Ludwig Law Firm at 501-838-4043 or visit our criminal defense page. Our attorneys can review your timeline, verify compliance with Arkansas rules, and fight for your release.

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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.

What the Law Says About Unnecessary Delay

Under Rule 8.1 of the Arkansas Rules of Criminal Procedure, a person arrested must be taken before a judicial officer promptly. The rule exists to prevent secret detentions and to ensure that anyone in custody has access to bond, legal counsel, and notice of their rights.

That hearing also ensures compliance with Rule 8.3, which guarantees the right to counsel. If the delay stretches beyond what’s reasonable, a judge can order release or dismiss evidence obtained during the unlawful hold.

Your Rights While in Custody

Even before you’re charged, you have key protections:

The right to remain silent. You are never required to answer questions without a lawyer present.

The right to counsel. You can contact a lawyer immediately, even if you haven’t seen a judge yet.

The right to humane conditions. You must be provided food, water, and medical attention if needed.

For a detailed explanation of how police justify arrests, read Probable Cause and Reasonable Suspicion in Arkansas: What You Should Know.

What Happens After You See the Judge

During your initial appearance, the judge informs you of your rights and sets bond. If you’re facing potential felony allegations, the matter will then move toward formal charges in Circuit Court.

To understand what comes next, review How Bail and Bonds Work in Arkansas and Felony Classes in Arkansas: A Guide for First-Time Defendants

Ludwig’s Strategic Advantage: Why Our Arkansas Defense Lawyers Simply Win

Our firm tries cases in front of a jury all the time. That trial readiness gives our clients an advantage even in the earliest stages of detention. For more than 43 years, Ludwig Law Firm has protected Arkansans’ rights from the moment of arrest through trial and appeal.

When additional trial strength is needed, we partner with Harry Warden, a Little Rock criminal defense lawyer. Together, Ludwig and Warden Law Firms deliver the full spectrum of defense: thoughtful guidance and bold trial advocacy.