Ark. Code Ann. § 16-84-102 (2026)
Persons authorized to take bail
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The following may take bail:
- A judge, magistrate, or clerk of the court;
- A sheriff or deputy sheriff with respect to any person committed to the common jail of the county;
- Any law enforcement officer designated by a municipal police department with respect to any person committed to a municipal jail; and
- A law enforcement officer making an arrest as authorized under § 16-81-109.
- A constable shall not take bail.
History. Acts 1989, No. 417, § 5; 2005, No. 1994, § 270.
Amendments. The 2005 amendment, in (a)(1), substituted “judge, magistrate or” for “competent court” and “court” for “court, or magistrate”; and, in (a)(3), substituted “law enforcement” for “police” and added “and” at the end.
Case Notes
Discretion.
Taking of bail by a sheriff is a discretionary act and mandamus will not lie to compel its performance. United Bonding Co. ex rel. Richmond v. Johnson, 293 Ark. 467, 739 S.W.2d 147 (1987).
Sheriff's refusal to accept bonds from a particular bonding company amounted to a suspension of the bonding company's authority to issue bonds, which was equivalent to an impermissible suspension of the company's license. Holt Bonding Co. v. Nichols, 988 F. Supp. 1232 (W.D. Ark. 1997).
Exemption Laws.
A bail-bond is a debt by contract, and the exemption laws apply to a judgment and execution on it. State v. Williford, 36 Ark. 155 (1880).
Cited: Almond v. Countryside Cas. Co., 329 F. Supp. 137 (W.D. Ark. 1971).