At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. A data geek charts it out. Simultaneous Possession of Drugs and Firearms. CRIMINAL LAW SIMULTANEOUS POSSESSION OF DRUGS AND FIREARMS STATE NOT REQUIRED TO PROVE INVOLVEMENT IN CRIMINAL GANG ACTIVITY TRIAL COURT DID NOT ERR IN DENYING DIRECTED-VERDICT, convicting him of possession of a controlled substance (cocaine) with intent to deliver, first-degree battery, simultaneous possession of drugs and firearms, and being a felon in this claim. They carry penalties that can include thousands of dollars in fines and years of incarceration. Founded 1974, the Arkansas Times is a lively, opinionated source for news, politics & culture in Arkansas. If they get caught, the penalties and forfeitures are extremely harsh. Our Northwest Arkansas team has over 100 years of combined experience and a track record of results. DEPUTIES WITH THE BENTON COUNTY SHERIFF'S OFFICE ARRESTED 47-YEAR- OLD 'WILLIAM ASA HUTCHINSON' ON FRIDA. For these offenses, Mr. House was sentenced to concurrent prison sentences . Mr. House argues that the trial court abused its discretion in refusing to submit an affirmative-defense jury instruction with respect to the simultaneous-possession charge. Asa Hutchinson is being held in the Benton County Jail on drug charges. On August 17, 2017 at approximately 1933 hours, Deputy Brown was patrolling the 2000-3000 block of W. Ave B, when he observed a red 1997 Toyota Corolla bearing Arkansas license 314126, commit the traffic violation of no turn signal, in violation of Arkansas Appellant Keraig House was convicted in a jury trial of simultaneous possession of firearms, possession of methamphetamine with intent to deliver, maintaining a drug premises, and possession of drug paraphernalia. Simultaneous Possession of Drugs and Firearms Please try again. JONESBORO, Ark. Miller was taken to the White County Law Enforcement Center and charged with simultaneous possession of Guns/Drugs, maintaining a Drug Premise, possession of a controlled substance with the purpose to deliver, possession of a controlled substance with the purpose to deliver, endangering the welfare of a minor, unlawful use of a communication device, and possession of drug paraphernalia. Supreme Court of Arkansas a Pulaski County jury of simultaneous possession of drugs and firearms and possession of a controlled substance with the intent to deliver. This vital support keeps us fiercely independent, free from financial and political pressure. Help us deliver the latest daily reporting and analysis on news, politics, culture and food in Arkansas. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. Simultaneous possession of drugs and firearms is a Class Y felony in Arkansas, which carries a minimum sentence of ten years, but no more than 40 years or life. However, thats not the only defense that can be raised. Simultaneous Possession Of Drugs and Firearms in Arkansas. In the state of Arkansas, drug-related criminal charges are truly no joke. Code Ann. 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession Essentially, the law says that a person commits The information on this website is for general information purposes only. No member of the firm has been certified by any board This field is for validation purposes and should be left unchanged. 2 counts simultaneous possession of drugs and firearms, 2 Former governor's son arrested on drug charges in Benton County, continuing the work that Dr King left for us." 5-74-106. an indication of any specialized knowledge on the part of any firm members. (a) No person shall unlawfully commit a felony violation of 5-64-4195-64-442 or unlawfully attempt, solicit, or conspire to commit a felony violation of 5-64-4195-64-442 [drugs] while in possession of: The statute specifically states that the above section does NOT apply to misdemeanor drug offenses. If youve been charged with a drug-related crime, its time to. In order to sustain a conviction for simultaneous possessionof drugs and fire-arms, the State must show possession of a firearm by the accused and a nexus between the firearms and the drugs; it is a defense to a prosecution for simultaneous . He was booked in TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. The son of former Arkansas Gov. The charge of simultaneous possession of drugs and a firearm is a Class Y felony that is punishable by up to 10 to 40 years or life in prison. JOSEPHINE LINKER HART , Judge Appellant's fourth and fifth points for reversal pertain to his conviction for the charge of found guilty by a jury of possession of methamphetamine with intent to deliver, possession of a firearm by certain persons, simultaneous possession of drugs and firearmspossession of marijuana with intent to deliver. A Polk County jury convicted Vincent Byron Fett of possession of marijuana with inappeal, Fett challenges only his conviction for simultaneous possession of drugs and firearms. This is not a one size fits all situation. The charge only applies if the accused is in possession of a felony controlled substance if theyre in possession of one of the substances that Arkansas considers a misdemeanor, they cannot be charged with simultaneous possession. 1997), a class Y felony, and three other drug-related offenses. There is no bond set at this time. That offense requires that there be a firearm as defined in section 5-1-102(6) a . We started the Times 48 years ago to stand up for education, tolerance, and honest government. 5-64-419 through 5-64-442. Many want to know the answers to two main questions: what is the law/what are the. Read the full article. This information is not intended to create, and receipt or viewing does not create, an attorney-client relationship. Specifically, Mr. House contends that the jury should ha REVERSED REMANDED. 5-74-106. All rights reserved. Heasserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. Based on this evidence, Lee was convicted by the jury of simultaneous possession firearms and possession of a controlled substance with the intent to deliver. Disclaimer: This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Code Ann. 5-74(1992); Sisk v. State, supra. Thunderstorms likely. Mr. Colbert was charged with possession of a controlled substance with intent to deliver and with simultaneous possession of drugs and a firearm. After a jury trial, Dulaney was convicted and sentenced to seven years for possession of cocaine with the intent to deliver, five years for appeals from his conviction by the Pulaski County Circuit Court, sitting without a jury, on one count each of simultaneous possession of drugs and firearms, possession of a controlled subintent to deliver (marijuana), and possession of a firearm by certain persons. Deputies with the Benton County Sheriff's Office arrested William Asa Hutchinson III, 47, Friday on several charges. R. Crim. We affirm the judgment of the trial court. Remember that you dont have to say anything to law enforcement officials without a lawyer present. 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession of drugs and firearms. Charles Edward Ray pleaded guilty to, and was convicted of, simultaneous possession of drugs and a firearm, Ark. He was sentenced as a habitual offender to an aggregate term of 960 months' imprisonment and a fine of $10,000. High 68F. On appeal, Lee challenges the conviction for possession of a controlled substance with the intent to deliver because . Contact us. *The case results on this website do not suggest that we will be able to do the same for you. In Arkansas, the term simultaneous possession refers to instances in which someone is in possession of drugs and a firearm at the same time. A person with drugs and a gun or other weapon on them is assumed to have intended to further an offense like drug trafficking or commit a crime against a person. He argues that there was insufficient evidence to sustain his conviction and that the trial court erredconviction for simultaneous possession of drugs and firearms where there was an unloaded weapon and no available ammunition. Any membership with an organization is simply to show affiliation and should not be considered an endorsement of their views or In order to be charged with simultaneous possession in the state of Arkansas, the accused must have However, being convicted of drug charges in conjunction with other charges can result in even more serious legal consequences in Arkansas. Winds SSW at 10 to 20 mph. of Charles Edward RAY v. STATE of Arkansas Where appellee was convicted of simultaneous possession of drugs and a firearm, a Class Y felony, the trial court had no statutory authority to suspend imposition of part with numerous drug offenses and, following a bench trial, she was found guilty of simultaneous possession of drugs and a firearm, possession of drug paraphernalia, and possessionreconsider the sentence, arguing that Hardiman's conviction of simultaneous possession of drugs and a firearm constituted a Y felony, for which no part of a sentence may be suspended pursuant to A SENTENCING TRIAL COURT EXCEEDED STATUTORY AUTHORITY IN IMPOSING SUSPENDING SENTENCE. Stay up-to-date with how the law affects your life. The information on this website is for information only. The son of former Arkansas Gov. REVERSED AND DISMISSED In September 2010, appellant pled guilty in Crittenden County Circuit Court case number CR-2010-1022 to possession of a controlled substance with intent to deliver and to simultaneousfor that offense. Its also important to note that you can be charged with this crime even if the weapon is not displayed or used simply possessing it is a violation of the law. Weve been waiting for a return call from the Benton County sheriffs office for details, but others, including KFSM, have confirmed the arrest Friday of former Governor Hutchinsons son Williams Asa Hutchinson III. section 5-74-106 - simultaneous possession of drugs and firearms(a)a person shall not unlawfully commit a felony violation of 5-64-419- 5-64-442or unlawfully attempt, solicit, or conspire to commit a felony violation of 5-64-419- 5-64-442while in possession of: (1)a firearm; or(2)any implement or weapon that may be used to inflict serious Lavelle EVANS, Petitioner v. STATE of Arkansas, Respondent Manufacturing crude methamphetamine has become relatively easy, and more and more people are looking for a fast buck in making it. What additional charges would make a drug-related charge even more serious? Class Y felonies are punishable CACR11-716 Cases cited for the legal proposition you have searched for. A sentence under this statute will result in prison time of not less than 10 years and not more than 40 years and a fine up to $25,000.. CR 96-473 What are the specifics of the Arkansas Simultaneous Possession law? for specialization in any particular field of practice. The charge of simultaneous possession of drugs and a firearm is a Class Y felony that is punishable by up to 10 to 40 years of life in prison. SON OF this Section, Subtitle 6 - Offenses Against Public Health, Safety, or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. Code Ann. In fact, of the 20 or so statutes the simultaneous possession applies to, 8 of them can be charged as misdemeanors. Simultaneous possession of guns and drugs. He asserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. Miller was taken to the White County Law Enforcement Center and charged with simultaneous possession of Guns/Drugs, maintaining a Drug Premise, possession of a If youre convicted of a crime involving drugs, youre likely to be facing hefty fines and years in prison. The Arkansas Court of Appeals affirmed Free Newsletters For instance, manufacturing less than 2 grams of methamphetamine, heroin, or cocaine is a Class C felony. Nothing on this site should be taken as legal advice for any individual The substance in the baggies was later confirmed, by the Arkansas State Crime Lab, to be 22.3763 grams of crack cocaine. Where appellees were convicted of simultaneous possession of drugs and firearms, a Class Y felony, the trial court had no statutorypossession of a controlled substance with intent to deliver, and simultaneous possession of drugs and firearms. case or situation. Section 5-74-106 - Simultaneous possession of drugs and firearms (a) A person shall not unlawfully commit a felony violation of 5-64-419 - 5-64-442 or unlawfully attempt, solicit, or We are located in Nashville, Arkansas. "No bond has been set. Asa Hutchinson is being held in the Benton County Jail on drug charges.Deputies with the Benton County Sheriff's Office arrested William Asa Hutchinson III, 47, Friday on several charges, including "possession of a controlled substance" and "simultaneous possession of drugs and firearms. Hutchinson, who is being held without bond, is the first cousin of former Republican Sen. Jeremy Hutchinson, son of former U.S. Sen. Tim Hutchinson, whos jailed in Pulaski County awaiting a hearing Tuesday on a plea to be released because he cant pay a half-million in child support owed his ex-wife. The trial court merged the felon-in-possession-of-a-firearm charge into the simultaneous-possession-of-drugs-and- the presumptive weight (one ounce) for possession with intent to deliver, and appellant was in possession of four firearms; it has been recognized that a logical connection exists between the possession ofOF DRUGS FIREARMS EVIDENCE REQUIRED TO SUSTAIN CONVICTION. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. In fact, we recommend that you dont speak to them until a lawyer is with you. You're all set! Many drug cases involve search and seizure issues, and I am a nationally known expert on search and seizure law. 5-74-106 - Simultaneous possession of drugs and firearms. 5-74-106. Simultaneous possession of drugs and firearms. (2) Any implement or weapon that may be used to inflict serious physical injury or death, and that under the circumstances serves no apparent lawful purpose. (b) Any person who violates this section is guilty of a Class Y felony. Although past achievements do not guarantee future victories, we are willing and able to do what it takes to protect our clients rights and futures. Simultaneous Possession of Drugs and Firearms and Endangering the Welfare of a Minor 1st degree. This fact alone is something to take seriously with just a few bad decisions, you might end up with lifelong consequences. Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. In Arkansas, though, it is not just actual possession that will get you in trouble; there is a concept known as constructive possession that courts will apply to find that the weapon, although not physically possessed by the Defendant, was still possessed by him. In its "war on drugs," the Arkansas legislature has taken most class Y felonies, including manufacture and possession with intent to deliver of methamphetamine and cocaine and simultaneous possession of guns and drugs, and made them subject to 70% parole eligibility. Contact us: contact@swarkansasnews.com. Nothing on this site is meant to create an expectation of a particular result. Simultaneous Possession of Drugs and Firearms Arrest in Clay County, Arkansas ClayCoNews December 27, 2022 PIGGOT, AR (ClayCoNews) - According to Clay County Sheriff Melvin Dulaney was convicted by a jury of possession of coappeal, Dulaney contests the sufficiency of the evidence to support his convictions for being a felon in possession of a firearm and simultaneous possession of drugs and firearmswhere he resided with his two daughters and his fiancee. Multiple drugs and guns were seized and five people on parole were arrested at three locations in El Dorado to kickstart 2023. The simultaneous possession of drugs and firearms law does not apply to misdemeanor controlled substance offenses. Arkansas class Y drug offenses and parole eligibility. Our newsroom is funded by more than 3,000 Arkansans who support us with contributions and digital subscriptions. What is the current law in Arkansas dealing with possession of drugs and firearms at the same time? A drug charge in Alabama led to a probationary sentence that also led to the probationary suspension of his Arkansas and Missouri law licenses. Our monthly magazine is free at over 500 locations in Central Arkansas. (b) Any person who violates this section is guilty of a Class Y felony. Anyone found guilty of violating this section of the Arkansas law will be charged with a Class Y felony, which is the most serious felony charge you can receive in the state. According to a news release from the Searcy Police Department, CADTF Investigators located 165 ecstasy pills,102 Xanax pills possibly laced with fentanyl, and a loaded firearm. Where appellee was convicted of simultaneous possession of drugs and firearms, a class Y felony, the trial court wcommitment order in which the Pulaski County Circuit Court suspended four years of the ten-year, statutory-minimum sentence for simultaneous possession of drugs and firearms of appellee, James Eriof simultaneous possession of drugs and firearms, a violation of Ark. Appellant was convicted of manufacturing methamphetamine, being a felon in possession of a firearm, and simultaneous possession of drugs and a firearm. Asa Hutchinsons son arrested again on DWI, drug, firearm charges, Zach Hager, keyholder at The Source dispensary in Rogers, driven to help others, Does Asa have a chance at the presidency? Court of Appeals of Arkansas, Division III. Once your legal counsel has obtained a full grasp on exactly what happened, theyll be able to help you come up with a defense. Afte -18-726] HONORABLE J. MICHAEL FITZHUGH, JUDGE AFFIRMED KENNETH S. HIXSON, Judge Even if it seems like a casual conversation, its entirely possible for you to further incriminate yourself by speaking about the situation. Or delivering less than 200 grams of a Schedule IV or V controlled substance is a Class D felony. Simply being in possession of it at the same time as being in control of drugs is criminal. Nothing is definite in this situation. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County Sheriffs Office. (c) This section does not apply to a misdemeanor drug offense. Does everyone charged with these crimes face the same consequences? This article was edited and reviewed by FindLaw Attorney Writers In its "war on drugs," the Arkansas legislature has taken most class Y felonies, including manufacture and Please check official sources. (3). The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. That means that any person convicted of a class Y felony manufacturing or possession with intent case will have to serve at least seven years in prison. Asa Hutchinson is being held in the Benton County Jail on drug charges.Deputies with the Benton County Sheriff's Office arrested William Asa 3. The relevant facts are not in dispute. 5-74-106(b) (Repl. guilty of the charges of simultaneous possession of drugs and firearms, possession of a controlled substance with intent to deliver (marijuana), and possession admission of evidence supporting simultaneous-possession conviction reversal in first appeal applied only to conviction for possession of controlled substance. A conviction can result in decades to life in prison. If you have been charged, have a criminal defense lawyer review and evaluate your case. Chance of rain 90%. Supporting the Arkansas Times' independent journalism is more vital than ever. At trial, appellant did not object to theresulting conviction for simultaneous possession; because appellant could not raise a challenge to his simultaneous- possession conviction on appeal, the reversal in his first appeal applied only to the conviction the butter tray of the refrigerator. Opinionfrom a sentence imposed by a jury after a plea of guilty, a conditional plea of guilty, as found in Ark. William Asa Hutchinson III, son of former Arkansas Gov. All other possession, possession with intent, manufacturing, and delivery charges are felonies. Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation. In order to be charged with simultaneous possession in the state of Arkansas, the accused must have committed a felony violation of Arkansass drug laws in addition to being in possession of a firearm or another weapon that could be used to inflict serious injury or death. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. The law does not require that the gun or weapon be displayed or used. (a) A person shall not unlawfully commit a felony violation of 5-64-419 -- 5-64-442 or unlawfully attempt, solicit, or conspire to commit a felony violation of 5-64-419 -- 5-64-442 while in possession of: (2) Any implement or weapon that may be used to inflict serious physical injury or death, and that under the circumstances serves no apparent lawful purpose. This is why consulting with a good lawyer, especially for felony charges that have lingering effects, is extremely important. On appeal, appellant argues that the findings made by the trial court are inconsistent. Simultaneous possession of drugs and firearms Universal Citation: AR Code 5-74-106 (2018) (a) A person shall not unlawfully commit a felony violation of 5-64-419 -- 5-64-442 or unlawfully attempt, solicit, or conspire to commit a felony violation of 5-64-419 -- Your support has allowed us to double our newsroom in 2022 with even more editorial expansion plans in 2023. Interact directly with CaseMine users looking for advocates in your area of specialization. We have the ability to help many people but there are times when we get calls outside our practice area. Law enforcement officials are not always correct, and there are plenty of potential defenses that can help you beat the charges or greatly minimize the legal consequences. Ark. 1993), possession of dru Universal Citation: AR Code 5-74-106 (2019) (a) A person shall not unlawfully commit a felony violation of 5-64-419 -- 5-64-442 or unlawfully There are also times when we may contact an attorney to assist with your case if we feel their participation is beneficial. Jonathan Greenway, 33, of 1150 Elway Drive in Springdale, was arrested Monday in connection with possession of a controlled substance and simultaneous possession of drugs and firearm. The charge of simultaneous possession of drugs and a firearm is a Class Y felony that is punishable by up to 10 to 40 years of life in prison. Additionally, the severity of the charges you face may depend on your unique circumstances for example, some consequences might be determined by the amount of drugs in your possession, or the type of drugs in your possession. 418 N Main St. Nashville, Arkansas 71852 Contact us: 870-845-0600. What is the current law in Arkansas dealing with possession of drugs and firearms at the same time? (a) No person shall unlawfully commit a felony violation of 5-64-4195-64-442 or unlawfully attempt, solicit, or conspire to commit a felony violation of 5-64-4195-64-442 [drugs] while in possession of: We have handled thousands of drug cases and have obtained favorable outcomes for past clients, including case dismissals, not guilty verdicts, and reductions of charges. The reason that the potential penalties for simultaneous possession are so high is likely because of what the offense suggests. Copyright 2023, Thomson Reuters. Investigation turns into a drug bust in White County, Former police chief charged with felony after selling gun to pawn shop, A-State sees little to no complaints after TikTok Wi-Fi ban, Antidrag bill hearing scheduled for Thursday, Blytheville police issue warrant for murder suspect. Sign up for our free summaries and get the latest delivered directly to you. Each case has its own facts, therefore, nothing on this site should be taken as legal advice for any individual case or situation. or viewing does not constitute, an attorney-client relationship. As we mentioned above, those in possession of drugs considered misdemeanor violations cant be charged with simultaneous possession. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. There is also a ten year mandatory minimum up to a maximum of life imprisonment for class Y felonies. ) THE SON OF FORMER ARKANSAS GOVERNOR 'ASA HUTCHINSON'-- HAS BEEN RELEASED FROM THE BENTON COUNTY JAIL AFTER BEING ARRESTED ON DRUG CHARGES. The arrest came after the Central Arkansas Drug Task Force (CADTF) received multiple complaints of a female selling ecstasy in White County. Each appellee was originally sentenced by the trial court to a term of ten this appeal. 01-18-2012 ) which in effect told the jury, that possession alone of a quantity of drugs in excess of a certain amount was sufficient to support an inference of guilt held improper and prejudicial as being adelivery of drugs classified as a narcotic under subsection (a)(1)(i) constitutes one offense; simultaneous possession ofdrugs classified under subsection (a)(1)(ii) constitutes only one offense; however, simultaneous possession of AUTHORITY IN IMPOSING SUSPENDING SENTENCES REVERSED REMANDED. The law states that a person can raise as a defense the fact that they were in their own home and the gun was not immediately accessible or usable. The Arkansas courts use constructive possession in both drug cases and firearms cases and it can be implied based on the circumstances surrounding the finding of the He was sentenced to two concurrent seventeen-yefound. Learn more about FindLaws newsletters, including our terms of use and privacy policy. On Wednesday, Jan. 18, the CADTF with the Searcy Police Department and White County Sheriffs Office performed a search on the home of Kelsey Miller, 29, of Searcy. He was booked in Washington County (Arkansas) at 10:50 p.m. CT on charges of possession with the intent to deliver, possession of drug paraphernalia and possession of drugs and firearms. Here's How to Never Pay Full Price on Amazon, 10 Amazing Products That Will Help You Keep Your New Year Resolutions, 20 Best Candles on Amazon to Instantly Warm Your Home. Simultaneous possession of drugs and firearms is prohibited under A.C.A. 4. If you have been charged with a drug crime in Northwest Arkansas, contactNorwood & Norwood, P.A. One of the most common defenses is simply that the weapon found was not the Defendants. You can explore additional available newsletters here. at (479) 235-4600. The Bi-State Narcotics Task Force recently served a warrant in Texarkana Arkansas resulting in Marcus Martin being arrested and charged with simultaneous possession of drugs Essentially, the law says that a person commits a crime when they have both drugs and a gun or other weapon on them. But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. Subscribe to Justia's What should I do if Ive been charged with simultaneous possession? Appellant's sole point on appeal is that he canno The email address cannot be subscribed. 5-74-106 - Simultaneous possession of drugs and firearms. 5-74-106. Simultaneous possession of drugs and firearms. (2) Any implement or weapon that may be used to inflict serious physical injury or death, and that under the circumstances serves no apparent lawful purpose. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. The younger Hutchinson has previous arrests on similar charges. They can let you know your options and develop a legal strategy for your unique situation. App. Magnolia, AR (71754) Today. As you can see, violations of these statutes can have serious legal consequences; however, aside from the legal consequences you could face, there are a variety of personal and professional consequences to consider.
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simultaneous possession of drugs and firearms arkansas