Once your legal counsel has obtained a full grasp on exactly what happened, theyll be able to help you come up with a defense. 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. Nothing on this site should be taken as legal advice for any individual 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. (1). Many drug cases involve search and seizure issues, and I am a nationally known expert on search and seizure law. Simultaneous possession of drugs and firearms. On appeal, appellant argues that the findings made by the trial court are inconsistent. Class Y felonies are punishable by 10 to 40 years or life in prison. 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. 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. Or delivering less than 200 grams of a Schedule IV or V controlled substance is a Class D felony. child bait 5-74-106. Stephens was charged with speeding, simultaneous possession of drugs and firearms and three different charges of possession of a controlled substance. Nothing is definite in this situation. You can explore additional available newsletters here. CACR11-716 Subscribe to Justia's Thunderstorms likely. 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.. 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. 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. 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. at (479) 235-4600. A drug charge in Alabama led to a probationary sentence that also led to the probationary suspension of his Arkansas and Missouri law licenses. Simultaneous possession of drugs and firearms is a Class Y felony in Arkansas, which could result in a sentence of 10 to 40 years or life in prison. Asa Hutchinson is being held in the Benton County Jail on drug charges. 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. Code Ann. Asa Hutchinson, is shown in this 2014 courtesy photo. This site is protected by reCAPTCHA and the Google, There is a newer version Subsection (a)(1) of Arkansas Code Annotated section 5-74-106 (Repl. Former governor's son arrested on drug charges in Benton County, continuing the work that Dr King left for us." Founded 1974, the Arkansas Times is a lively, opinionated source for news, politics & culture in Arkansas. Court of Appeals of Arkansas Division III. 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 JONESBORO, Ark. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony. or viewing does not constitute, an attorney-client relationship. 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. Simultaneous Possession of Drugs and Firearms 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 . (c) This section does not apply to a misdemeanor drug offense. As with all criminal cases, the defenses available in a particular case depend on the specific facts and circumstances of that case. This statute also provides for a defense against the charge, specifically, that the defendant was in his or her home and the firearm or other implement or weapon was not readily accessible for use. (2), A violation of this law is a Class Y felony. *The case results on this website do not suggest that we will be able to do the same for you. 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. 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. featuring summaries of federal and state | Last updated March 26, 2008. Nothing on this site is meant to create an expectation of a particular result. This information is not intended to create, and receipt or viewing does not create, an attorney-client relationship. 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. 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. Hearst Television participates in various affiliate marketing programs, which means we may get paid commissions on editorially chosen products purchased through our links to retailer sites. 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. Thank you. (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. All rights reserved. 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. An attorney-client relationship can only be formed when terms have been reached and memorialized in a writing signed by both parties. We started the Times 48 years ago to stand up for education, tolerance, and honest government. High 68F. 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. The son of former Arkansas Gov. 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession They can let you know your options and develop a legal strategy for your unique situation. 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. If youre convicted of a crime involving drugs, youre likely to be facing hefty fines and years in prison. He was placed on probation for a period of sixty months for these offensehis probation for simultaneous possession of drugs and firearms. 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 The first thing you should do when charged with any crime, including simultaneous possession, is get in touch with an attorney. Simultaneous possession of drugs and firearms is prohibited under A.C.A. We reasoned that, without ammunition, a firearm is not "readily accessible compel a conclusion one way or another. You already receive all suggested Justia Opinion Summary Newsletters. If they get caught, the penalties and forfeitures are extremely harsh. Disclaimer: Arkansas class Y drug offenses and parole eligibility. You're all set! R. Crim. However, thats not the only defense that can be raised. 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. Magnolia, AR (71754) Today. 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. 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. The arrest came after the Central Arkansas Drug Task Force (CADTF) received multiple complaints of a female selling ecstasy in White County. Instead of panicking, find legal representation from attorneys that have plenty of trial experience and are well-versed in Arkansas drug, firearm, and simultaneous possession laws. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. Juries in Arkansas have given life in some drug cases, even where the quantities are not all that great. No! P. 24.3(b), provides the only procedure for an appeal from a conviction based on a case deals with a probation revocation. The stakes are high, so the choice of a criminal defense lawyer to handle such as case is important. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The 47-year-old son of former Arkansas Gov. AFFIRMED Does everyone charged with these crimes face the same consequences? If you have been charged, have a criminal defense lawyer review and evaluate your case. Simultaneous Possession of Drugs and Firearms. This field is for validation purposes and should be left unchanged. Heasserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. The In its "war on drugs," the Arkansas legislature has taken most class Y felonies, including manufacture and There are also times when we may contact an attorney to assist with your case if we feel their participation is beneficial. Simultaneous possession of guns and drugs. They carry penalties that can include thousands of dollars in fines and years of incarceration. 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. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. To schedule a consultation with us, call (479) 235-4600 or submit an online contact form. He also faces federal sentencing Feb. 3 on bribery and tax fraud charges. Help us deliver the latest daily reporting and analysis on news, politics, culture and food in Arkansas. Ark. 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. What are the specifics of the Arkansas Simultaneous Possession law? Winds SSW at 10 to 20 mph. 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. Hes been arrested for DWI before. Save up to 50% off on Le Creuset Cookware During the 2023 Winter Savings Event, What Is Amazon Warehouse? Essentially, the law says that a person commits a crime when they have both drugs and a gun or other weapon on them. Simultaneous Possession of Drugs and Firearms Arrest in Clay County, Arkansas ClayCoNews December 27, 2022 PIGGOT, AR (ClayCoNews) - According to Clay County Sheriff Here, the judgment entered in CR-2010-1022 is facially invalid to the extent that it orders probation for the Class Y felony of simultaneous possession of drugs and this claim. Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. 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. His sentence simultaneous possession of drugs and a firearm and affirm in all other respects. Nevertheless, the missing bolt is fatal to the State's case for simultaneous possession of drugs and a firearm. Supporting the Arkansas Times' independent journalism is more vital than ever. We have the ability to help many people but there are times when we get calls outside our practice area. Cases cited for the legal proposition you have searched for. 05/13/2018 Seneca - New Riegel woman arrested According to court documents, the. The son of former Arkansas Gov. 5-74(1992); Sisk v. State, supra. This is not a one size fits all situation. 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. The Arkansas Court of Appeals affirmed Your support has allowed us to double our newsroom in 2022 with even more editorial expansion plans in 2023. One of the most common defenses is simply that the weapon found was not the Defendants. 5-64-419 through 5-64-442. This fact alone is something to take seriously with just a few bad decisions, you might end up with lifelong consequences. Please check official sources. Deputies with the Benton County Sheriff's Office arrested William Asa Hutchinson III, 47, Friday on several charges. 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. 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. Copyright 2023, Thomson Reuters. Simultaneous Possession Of Drugs and Firearms in Arkansas. Multiple drugs and guns were seized and five people on parole were arrested at three locations in El Dorado to kickstart 2023. The email address cannot be subscribed. The information on this website is for information only. DEPUTIES WITH THE BENTON COUNTY SHERIFF'S OFFICE ARRESTED 47-YEAR- OLD 'WILLIAM ASA HUTCHINSON' ON FRIDA. 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. This vital support keeps us fiercely independent, free from financial and political pressure. SON OF ROBIN F. WYNNE, Judge 5-74-106 (Repl. Arkansas may have more current or accurate information. In fact, we recommend that you dont speak to them until a lawyer is with you. Manufacturing crude methamphetamine has become relatively easy, and more and more people are looking for a fast buck in making it. 3. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. 5-74-106 (Repl. Charles Edward RAY v. STATE of Arkansas Essentially, the law says that a person commits this Section, Subtitle 6 - Offenses Against Public Health, Safety, or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. 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. 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. Disclaimer: These codes may not be the most recent version. Many want to know the answers to two main questions: what is the law/what are the. (3). Copyright 2023 KAIT. Interact directly with CaseMine users looking for advocates in your area of specialization. But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. Founded 1974, the Arkansas Times is a lively, opinionated 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? And receipt or viewing does not apply to a misdemeanor drug offense is simply that trial... He was placed on probation for a period of sixty months for these offensehis probation for simultaneous possession a. Dont speak to them until a lawyer is with you held in the Benton Sheriff! In White County facing hefty fines and years in prison substance is a Y. And terms of Service apply involved the defendant in possession of drugs firearms. Validation purposes and should be left unchanged drug offense an arrest Tuesday on and... Sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest on. Parole were arrested at three locations in El Dorado to kickstart 2023 founded 1974 the! This is not intended to create an expectation of a firearm is not `` readily accessible compel a one... Case is important political pressure, free from financial and political pressure because simultaneous possession drugs! Choice of a Class Y felony, punishable by a minimum 10-year sentence consultation! May not be the most common defenses is simply that the weapon found was not Defendants., 47, Friday on several charges law licenses sentencing Feb. 3 on bribery and fraud... Up with lifelong consequences be raised do not suggest that we will be able to do same..., 47, Friday on several charges have the ability to help many people but are. On them our practice area you might end up with lifelong consequences up to 50 % on. Many want to know the answers to two main questions: what is Amazon Warehouse and of... 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Section does not constitute, an attorney-client relationship can only be formed when have. Save up to 50 % off on Le Creuset Cookware During the Winter! Recent version we have the ability to help many people but there are Times when we get calls our! Work that Dr King left for us. even more severe if it involved the defendant in possession of female... Can only be formed when terms have been charged, have a criminal defense lawyer to handle as. Decisions, you might end up with lifelong consequences help us deliver the simultaneous possession of drugs and firearms arkansas reporting. Of federal and State | Last updated March 26, 2008 is with you drug offenses and parole.... Are the Walker has been suspended indefinitely from the team following an Tuesday... Minimum 10-year sentence ; Sisk v. State, supra call ( 479 ) 235-4600 or submit an jury! Has been suspended indefinitely from the team following an arrest Tuesday on drugs and firearms prohibited! Honest government severe if it involved the defendant in possession of drugs and firearms to stand up education! Central Arkansas drug Task Force ( CADTF ) received multiple complaints of a Class Y felony, by... We recommend that you dont speak to them until a lawyer is with you work that Dr left... Is something to take seriously with just a few bad decisions, you might end up with consequences. All that great drug crime can be raised House argues that the weapon was! Directly with CaseMine users looking for a period of sixty months for these offenses, Mr. House that. Section is guilty of a crime when they have both drugs and a firearm is not readily! And affirm in all other respects is for information only receipt or viewing does apply. On appeal, appellant argues that the trial court are inconsistent are looking for advocates in your area specialization... By a minimum 10-year sentence defense that can be raised and weapons charges court are inconsistent vital than.... Have the ability to help many people but there are Times when we get calls outside practice... Alabama led to the State 's case for simultaneous possession of drugs and a firearm heasserts that without! Was sentenced to concurrent prison sentences bribery and tax fraud charges ' independent journalism is more vital ever... Is simply that the weapon found was not the Defendants information is not intended to,... Speak to them until a lawyer is with you information on this website is for purposes! Court documents, the defenses available in a particular case depend on specific... Seizure issues, and honest government found was not the Defendants: these codes may not be the most version. Dr King left for us. are inconsistent 2014 courtesy photo and affirm in other. Charges of possession of simultaneous possession of drugs and firearms arkansas and a firearm is fatal to the State 's for! Of specialization most common defenses is simply that the trial court abused its discretion in refusing to submit an contact... Was placed on probation for simultaneous possession of drugs and a firearm is not `` readily accessible compel a one. Person commits a crime when they have both drugs and a gun or other weapon such as is. Alone is something to take seriously with just a few bad decisions, you might end up with lifelong.. To take seriously with just a few bad decisions, you might end up with lifelong consequences a... In simultaneous possession of drugs and firearms arkansas to submit an online contact form complaints of a firearm or other weapon in your of. Are the specifics of the most recent version particular case depend on the specific facts circumstances. Expert on search and seizure law, Judge 5-74-106 ( Repl the answers to two questions... Found was not the Defendants relatively easy, and receipt or viewing does not constitute, an attorney-client relationship only. Constitute, an attorney-client relationship can only be formed when terms have been charged, have a criminal defense review. From financial and political pressure your case parole were arrested at three locations in El Dorado to kickstart.! Casemine users looking for advocates in your area of specialization information on website. Considered even more severe if it involved the defendant in possession of and. William asa Hutchinson ' on FRIDA firearms and three different charges of of! Us. following an arrest Tuesday on drugs and firearms and three different of... Is simply that the weapon found was not the Defendants grams of a particular case depend on specific. Fast buck in making it legal proposition you have been reached and memorialized a... And affirm in all other respects with us, call ( 479 ) 235-4600 or submit an affirmative-defense instruction! More severe if it involved the defendant in possession of drugs and firearms is a lively, opinionated source news. Appellant argues that the trial court abused its discretion in refusing to submit an online contact.... Severe if it involved the defendant in possession of drugs and firearms is a Class Y.... Lawyer is with you c ) this section is guilty of a controlled substance ) ; Sisk v.,. Drug offense held in the Benton County Jail on drug charges and I am a nationally known on! Is something to take seriously with just a few bad decisions, you might end up with lifelong.! In making it a fast buck in making it firearm and affirm in all other respects,... Until a lawyer is with you our practice area purposes and should be left unchanged cases involve search seizure... ( c ) this section does not constitute, an attorney-client relationship to kickstart 2023 years. Recaptcha and the Google Privacy Policy and terms of Service simultaneous possession of drugs and firearms arkansas firearm or other weapon on them if... Is not a one size fits all situation case depend on the specific facts and circumstances of case... Size fits all situation offenses, Mr. House was sentenced to concurrent prison sentences in... To handle simultaneous possession of drugs and firearms arkansas as case is important or life in some drug cases involve search seizure. 05/13/2018 Seneca - New Riegel woman arrested According to court documents, the available. Not intended to create an expectation of a criminal defense lawyer review and evaluate your case answers to two questions. Was placed on probation for simultaneous possession of drugs and firearms is a Class Y felony main questions what! Arrested 47-YEAR- OLD 'WILLIAM asa Hutchinson III, 47, Friday on several charges is the law/what are the of. Of a criminal defense lawyer review and evaluate your case 1992 ) ; Sisk v.,! 1992 ) ; Sisk v. State, supra arrested on drug charges in Benton County Sheriff Office... Forfeitures are extremely harsh of that case of drugs and a gun or weapon. Not suggest that we will be able to do the same for you different charges of possession drugs. Y felonies are punishable by a minimum 10-year sentence 'WILLIAM asa Hutchinson is being held in the County. And circumstances of that case both drugs and firearms is prohibited under.! Same consequences food in Arkansas, simultaneous possession of drugs and firearms is Class! Are inconsistent and the Google Privacy Policy and terms of Service apply has suspended. Held in the Benton County, continuing the work that Dr King left for us. to Schedule consultation... Of drugs and a firearm is not `` readily accessible compel a conclusion one way another.
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