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. 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 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 Remember that you dont have to say anything to law enforcement officials without a lawyer present. Arkansas may have more current or accurate information. The Arkansas Court of Appeals affirmed This is not a one size fits all situation. Although these are serious charges, and should be treated as such, with the right attorney by your side you have a much better chance at navigating through what can be murky legal water. 5-74(1992); Sisk v. State, supra. 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? Does everyone charged with these crimes face the same consequences? The reason that the potential penalties for simultaneous possession are so high is likely because of what the offense suggests. They carry penalties that can include thousands of dollars in fines and years of incarceration. One of the most common defenses is simply that the weapon found was not the Defendants. 418 N Main St. Nashville, Arkansas 71852 Contact us: 870-845-0600. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County Sheriffs Office. Disclaimer: Many want to know the answers to two main questions: what is the law/what are the. The younger Hutchinson has previous arrests on similar charges. Simultaneous Possession of Drugs and Firearms Arrest in Clay County, Arkansas ClayCoNews December 27, 2022 PIGGOT, AR (ClayCoNews) - According to Clay County Sheriff The 47-year-old son of former Arkansas Gov. 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. Sign up for our free summaries and get the latest delivered directly to you. (KAIT) - A White County woman is facing charges of selling pills possibly laced with fentanyl. Code Ann. 2005), the trial court in CR-2010-1022 lacked authority to place him on possession of a controlled substance with intent to deliver and to simultaneous possession of drugs and firearms. Copyright 2023 KAIT. On April 23, 2001, the trial court Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. CACR11-716 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.". No member of the firm has been certified by any board Each case has its own facts, therefore, nothing on this site should be taken as legal advice for any individual case or situation. of | Last updated March 26, 2008. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony, which is the most serious classification for felonies in the state. Subscribe to Justia's 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.. In order to be charged with simultaneous possession in the state of Arkansas, the accused must have The at (479) 235-4600. (d) It is a defense to this section that the defendant was in his or her home and the firearm or other implement or weapon was not readily accessible for use. ) THE SON OF FORMER ARKANSAS GOVERNOR 'ASA HUTCHINSON'-- HAS BEEN RELEASED FROM THE BENTON COUNTY JAIL AFTER BEING ARRESTED ON DRUG CHARGES. If youve been charged with a drug-related crime, its time to. Appellant's sole point on appeal is that he canno This vital support keeps us fiercely independent, free from financial and political pressure. Each case is different and what we may be able to do for you cannot be known until we look at all of the evidence. 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. DEPUTIES WITH THE BENTON COUNTY SHERIFF'S OFFICE ARRESTED 47-YEAR- OLD 'WILLIAM ASA HUTCHINSON' ON FRIDA. It is important to remember that each and every case is unique, which unfortunately means there isnt a singular solution that will work for everyone. 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. or viewing does not constitute, an attorney-client relationship. 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. CA CR 07-276 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 . *The case results on this website do not suggest that we will be able to do the same for you. The information on this website is for general information purposes only. 4. A conviction can result in decades to life in prison. 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. Richard Duncan appeals from his conviction on charges of possession of a controllfirearms, possession of a prohibited weapon, possession of a controlled substance-marijuana (third offense), and felon in possession of a firearm. Founded 1974, the Arkansas Times is a lively, opinionated source for news, politics & culture in Arkansas. Thunderstorms likely. 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 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. His sentence simultaneous possession of drugs and a firearm and affirm in all other respects. 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. Possession of less than 2 grams of a Schedule III substance, Possession of less than 28 grams of a Schedule IV or V controlled substance, Possession of less than 4 ounces of a Schedule VI controlled substance, Possession with intent to deliver 14 grams or less of a Schedule VI controlled substance, Delivery of 14 grams or less of a Schedule VI controlled substance, Manufacture of 14 grams or less of a Schedule VI controlled substance, Possession of a Schedule III, IV, V, or VI counterfeit controlled substance, Possession with intent to deliver a Schedule IV, V, or VI counterfeit controlled substance. REVERSED AND DISMISSED The email address cannot be subscribed. Afte -18-726] HONORABLE J. MICHAEL FITZHUGH, JUDGE AFFIRMED KENNETH S. HIXSON, Judge The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. Thank you. 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 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. 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. (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. 3. A data geek charts it out. Essentially, the law says that a person commits a crime when they have both drugs and a gun or other weapon on them. Once your legal counsel has obtained a full grasp on exactly what happened, theyll be able to help you come up with a defense. (3). by Hugo | Nov 30, 2022 | Drug Offenses, Uncategorized | 0 comments. "No bond has been set. This article was edited and reviewed by FindLaw Attorney Writers Code Ann. On appeal, appellant argues that the findings made by the trial court are inconsistent. 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 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. 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. Help us deliver the latest daily reporting and analysis on news, politics, culture and food in Arkansas. Mr. Colbert was charged with possession of a controlled substance with intent to deliver and with simultaneous possession of drugs and a firearm. case or situation. Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation. 2 counts simultaneous possession of drugs and firearms, 2 Copyright 2023, Thomson Reuters. ANNABELLE CLINTON IMBER, Justice. 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. Asa Hutchinson is being held in the Benton County Jail on drug charges. 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. Nothing on this site should be taken as legal advice for any individual He was placed on probation for a period of sixty months for these offensehis probation for simultaneous possession of drugs and firearms. Former governor's son arrested on drug charges in Benton County, continuing the work that Dr King left for us." Ark. Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of, 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. He asserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. The information on this website is for information only. You already receive all suggested Justia Opinion Summary Newsletters. KFSM reported he was stopped on 46th Street in Rogers on suspicion of DWI. Simultaneous possession of drugs and firearms is prohibited under A.C.A. 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. Lavelle EVANS, Petitioner v. STATE of Arkansas, Respondent Nothing is definite in this situation. Class Y felonies are punishable The simultaneous possession of drugs and firearms law does not apply to misdemeanor controlled substance offenses. court opinions. What should I do if Ive been charged with simultaneous possession? 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. 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. This is why consulting with a good lawyer, especially for felony charges that have lingering effects, is extremely important. Court of Appeals of Arkansas, Division III. Asa Hutchinson, is shown in this 2014 courtesy photo. 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 -- You're all set! 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. Save up to 50% off on Le Creuset Cookware During the 2023 Winter Savings Event, What Is Amazon Warehouse? 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: But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. No. 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. 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. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County What is the current law in Arkansas dealing with possession of drugs and firearms at the same time? This fact alone is something to take seriously with just a few bad decisions, you might end up with lifelong consequences. JONESBORO, Ark. Simultaneous Possession of Drugs and Firearms. Essentially, the law says that a person commits 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. The relevant facts are not in dispute. 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. 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession of drugs and firearms. What are the specifics of the Arkansas Simultaneous Possession law? We are located in Nashville, Arkansas. If you have been charged with a drug crime in Northwest Arkansas, contactNorwood & Norwood, P.A. 5-74-106. However, thats not the only defense that can be raised. Magnolia, AR (71754) Today. The son of former Arkansas Gov. 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. High 68F. The son of former Arkansas Gov. Any membership with an organization is simply to show affiliation and should not be considered an endorsement of their views or We started the Times 48 years ago to stand up for education, tolerance, and honest government. Simultaneous Possession Of Drugs and Firearms in Arkansas. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. However, being convicted of drug charges in conjunction with other charges can result in even more serious legal consequences in Arkansas. The arrest came after the Central Arkansas Drug Task Force (CADTF) received multiple complaints of a female selling ecstasy in White County. To learn more about what options you may have, including possible case-specific defenses, contact our attorneys for a free consultation. Arkansas class Y drug offenses and parole eligibility. Simultaneous Possession of Drugs and Firearms 5-74-106 (Repl. That offense requires that there be a firearm as defined in section 5-1-102(6) a . 1997), a class Y felony, and three other drug-related offenses. JOSEPHINE LINKER HART , Judge The son of former Arkansas Gov. On appeal, Lee challenges the conviction for possession of a controlled substance with the intent to deliver because . Read the full article. The latest breaking updates, delivered straight to your email inbox. 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. Stephens was charged with speeding, simultaneous possession of drugs and firearms and three different charges of possession of a controlled substance. Supporting the Arkansas Times' independent journalism is more vital than ever. In these cases, additional charges and penalties can be imposed, and they are not light punishments. Manufacturing crude methamphetamine has become relatively easy, and more and more people are looking for a fast buck in making it. Simultaneous Possession Of Drugs and Firearms in Arkansas. The substance in the baggies was later confirmed, by the Arkansas State Crime Lab, to be 22.3763 grams of crack cocaine. Nothing on this site is meant to create an expectation of a particular result. 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. What Happens If You Get Caught with Drugs and a Gun in AR? An attorney-client relationship can only be formed when terms have been reached and memorialized in a writing signed by both parties. Opinionfrom a sentence imposed by a jury after a plea of guilty, a conditional plea of guilty, as found in Ark. Multiple drugs and guns were seized and five people on parole were arrested at three locations in El Dorado to kickstart 2023. Each appellee was originally sentenced by the trial court to a term of ten this appeal. (1). 1993), possession of dru Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. child bait Simultaneous Possession of Drugs and Firearms and Endangering the Welfare of a Minor 1st degree. Specifically, Mr. House contends that the jury should ha REVERSED REMANDED. Charles Edward RAY v. STATE of Arkansas 5-74-106. On April 13, 1999, the appellees were found guilty of possession of a controlled substance with intent to deliver, a Class B felony, in violation , is appealing from his convictions following a bench trial in the Pulaski County Circuit Court on charges of possession of a controlled substance with intent to deliver and simultaneous possession review, we affirm. Simply being in possession of it at the same time as being in control of drugs is criminal. There is also a ten year mandatory minimum up to a maximum of life imprisonment for class Y felonies. Our monthly magazine is free at over 500 locations in Central Arkansas. Interact directly with CaseMine users looking for advocates in your area of specialization. They can let you know your options and develop a legal strategy for your unique situation. and simultaneous possession of drugs and firearms, a felony. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony. This field is for validation purposes and should be left unchanged. 5-74-106 (Repl. 5-74-106. The 13th Judicial Drug Task Force in conjunction with the El Dorado Police Department and Union County Sheriffs Department completed the multi-months long Operation Cave Closed on Tuesday, January 3. The stakes are high, so the choice of a criminal defense lawyer to handle such as case is important. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. Chance of rain 90%. Juries in Arkansas have given life in some drug cases, even where the quantities are not all that great. If youre convicted of a crime involving drugs, youre likely to be facing hefty fines and years in prison. Hes been arrested for DWI before. You can explore additional available newsletters here. AFFIRMED 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 Our Northwest Arkansas team has over 100 years of combined experience and a track record of results. 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. 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. Instead, appellant's argument is directed entirely against the twenty-five-year sentence imposed upon revocation of his probation for simultaneous possession of drugs and firearms. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. A drug charge in Alabama led to a probationary sentence that also led to the probationary suspension of his Arkansas and Missouri law licenses. Subsection (a)(1) of Arkansas Code Annotated section 5-74-106 (Repl. On June 13, 2008, the State filed a felony information against appellant, alleging that he committed the offenses of possession of cocaine, marijuana, and PCP with intent to deliver, asimultaneous possession of drugs and firearms. We affirm the judgment of the trial court. What are the specifics of the Arkansas Simultaneous Possession law? 5-74-106(b) (Repl. 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. 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. 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. More and more people are looking for advocates in your area of specialization held in the baggies was later,... 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