Code Ann. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. 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. This is not a one size fits all situation. this Section, Subtitle 6 - Offenses Against Public Health, Safety, or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. Hes been arrested for DWI before. 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. Save up to 50% off on Le Creuset Cookware During the 2023 Winter Savings Event, What Is Amazon Warehouse? Once your legal counsel has obtained a full grasp on exactly what happened, theyll be able to help you come up with a defense. We are located in Nashville, Arkansas. These sections of the Arkansas Code apply to various drug crimes, from simple possession to trafficking. 1997), a class Y felony, and three other drug-related offenses. AFFIRMED What should I do if Ive been charged with simultaneous possession? The son of former Arkansas Gov. 2023, Arkansas Hearst Television Inc. on behalf of KHBS-TV. 2 counts simultaneous possession of drugs and firearms, 2 Simultaneous Possession of Drugs and Firearms 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. Your support has allowed us to double our newsroom in 2022 with even more editorial expansion plans in 2023. Contact us. Arkansas class Y drug offenses and parole eligibility. This is why consulting with a good lawyer, especially for felony charges that have lingering effects, is extremely important. 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. Read the full article. What additional charges would make a drug-related charge even more serious? 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. What is the current law in Arkansas dealing with possession of drugs and firearms at the same time? A conviction can result in decades to life in prison. Many want to know the answers to two main questions: what is the law/what are the. That offense requires that there be a firearm as defined in section 5-1-102(6) a . There are also times when we may contact an attorney to assist with your case if we feel their participation is beneficial. Court of Appeals of Arkansas, Division III. The email address cannot be subscribed. The information on this website is for general information purposes only. Disclaimer: These codes may not be the most recent version. The 47-year-old son of former Arkansas Gov. Nevertheless, the missing bolt is fatal to the State's case for simultaneous possession of drugs and a firearm. In Arkansas, the term simultaneous possession refers to instances in which someone is in possession of drugs and a firearm at the same time. But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. 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. 5-74-106 (Repl. Copyright 2023, Thomson Reuters. Simultaneous possession of drugs and firearms Universal Citation: AR Code 5-74-106 (2020) (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: (1) A firearm; or 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. Or delivering less than 200 grams of a Schedule IV or V controlled substance is a Class D felony. 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. What are the specifics of the Arkansas Simultaneous Possession law? Arkansas may have more current or accurate information. To schedule a consultation with us, call (479) 235-4600 or submit an online contact form. Stephens was charged with speeding, simultaneous possession of drugs and firearms and three different charges of possession of a controlled substance. He also faces federal sentencing Feb. 3 on bribery and tax fraud charges. 5-74-106. However, being convicted of drug charges in conjunction with other charges can result in even more serious legal consequences in Arkansas. This vital support keeps us fiercely independent, free from financial and political pressure. The son of former Arkansas Gov. What Is Simultaneous Possession of Drugs and Firearms? Please try again. 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. Charges for offenses involving drugs are serious. If youre convicted of a crime involving drugs, youre likely to be facing hefty fines and years in prison. 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. 5-64-419 through 5-64-442. They can let you know your options and develop a legal strategy for your unique situation. (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. 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. Simultaneous possession of drugs and firearms is prohibited under A.C.A. 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. Heasserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. Winds SSW at 10 to 20 mph. 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.. This fact alone is something to take seriously with just a few bad decisions, you might end up with lifelong consequences. Former governor's son arrested on drug charges in Benton County, continuing the work that Dr King left for us." 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. CR 96-473 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. 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. Simultaneous Possession Of Drugs and Firearms in Arkansas. 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. 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. There is also a ten year mandatory minimum up to a maximum of life imprisonment for class Y felonies. 5-74-106 - Simultaneous possession of drugs and firearms. The first thing you should do when charged with any crime, including simultaneous possession, is get in touch with an attorney. Charles Edward RAY v. STATE of Arkansas 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 Deputies with the Benton County Sheriff's Office arrested William Asa Hutchinson III, 47, Friday on several charges. Interact directly with CaseMine users looking for advocates in your area of specialization. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County Sheriffs Office. Copyright 2023 KAIT. Our monthly magazine is free at over 500 locations in Central Arkansas. He was sentenced as a habitual offender to an aggregate term of 960 months' imprisonment and a fine of $10,000. 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 Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. His sentence simultaneous possession of drugs and a firearm and affirm in all other respects. Any questions about the site can be addressed to John Collins at 501-603-9911. Chance of rain 90%. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. No! As we mentioned above, those in possession of drugs considered misdemeanor violations cant be charged with simultaneous possession. We reasoned that, without ammunition, a firearm is not "readily accessible compel a conclusion one way or another. Evidence sufficient to sustain conviction for simultaneous possession of drugs firearms trial court affirmed. Lavelle EVANS, Petitioner v. STATE of Arkansas, Respondent case or situation. 1993), possession of dru In these cases, additional charges and penalties can be imposed, and they are not light punishments. 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. 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. ARKANSAS COURT OF APPEALS DIVISION II (c) This section does not apply to a misdemeanor drug offense. 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? App. As with all criminal cases, the defenses available in a particular case depend on the specific facts and circumstances of that case. Each appellee was originally sentenced by the trial court to a term of ten this appeal. 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. 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. Subsection (a)(1) of Arkansas Code Annotated section 5-74-106 (Repl. 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. 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. He was placed on probation for a period of sixty months for these offensehis probation for simultaneous possession of drugs and firearms. The substance in the baggies was later confirmed, by the Arkansas State Crime Lab, to be 22.3763 grams of crack cocaine. ANNABELLE CLINTON IMBER, Justice. Remember that you dont have to say anything to law enforcement officials without a lawyer present. ROBIN F. WYNNE, Judge 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. According Each case has its own facts, therefore, nothing on this site should be taken as legal advice for any individual case or situation. 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. 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. 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 -- 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 Free Newsletters 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. Subscribe to Justia's | Last updated March 26, 2008. Ark. 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. KFSM reported he was stopped on 46th Street in Rogers on suspicion of DWI. Class Y felonies are punishable by 10 to 40 years or life in prison. JONESBORO, Ark. Founded 1974, the Arkansas Times is a lively, opinionated source for news, politics & culture in Arkansas. Help us deliver the latest daily reporting and analysis on news, politics, culture and food in Arkansas. SON OF 5-74-106. All other possession, possession with intent, manufacturing, and delivery charges are felonies. The latest breaking updates, delivered straight to your email inbox. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. Thunderstorms likely. No member of the firm has been certified by any board *The case results on this website do not suggest that we will be able to do the same for you. (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. (KAIT) - A White County woman is facing charges of selling pills possibly laced with fentanyl. child bait 4. William Asa Hutchinson III, son of former Arkansas Gov. 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. Essentially, the law says that a person commits Simultaneous Possession of Drugs and Firearms Arrest in Clay County, Arkansas ClayCoNews December 27, 2022 PIGGOT, AR (ClayCoNews) - According to Clay County Sheriff 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. of Essentially, the law says that a person commits a crime when they have both drugs and a gun or other weapon on them. What Happens If You Get Caught with Drugs and a Gun in AR? Cases cited for the legal proposition you have searched for. Multiple drugs and guns were seized and five people on parole were arrested at three locations in El Dorado to kickstart 2023. Simultaneous Possession Of Drugs and Firearms in Arkansas. The 05/13/2018 Seneca - New Riegel woman arrested According to court documents, the. This is the most serious classification for felonies and is reserved for the severest of crimes. CACR11-716 Am I definitely going to jail if I receive a simultaneous possession charge? for specialization in any particular field of practice. They carry penalties that can include thousands of dollars in fines and years of incarceration. 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. If they get caught, the penalties and forfeitures are extremely harsh. We affirm the judgment of the trial court. 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 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. 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. Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation. Asa Hutchinson is being held in the Benton County Jail 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. Supporting the Arkansas Times' independent journalism is more vital than ever. Afte -18-726] HONORABLE J. MICHAEL FITZHUGH, JUDGE AFFIRMED KENNETH S. HIXSON, Judge To learn more about what options you may have, including possible case-specific defenses, contact our attorneys for a free consultation. Mr. Colbert was charged with possession of a controlled substance with intent to deliver and with simultaneous possession of drugs and a firearm. The younger Hutchinson has previous arrests on similar charges. The law says that a person can be charged with simultaneous possession of drugs and firearms when they commit a felony violation under A.C.A. Sign up for our free summaries and get the latest delivered directly to you. 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 . 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. Nothing is definite in this situation. If you have a problem we are unable to help you with we will happily refer you to another attorney or firm. 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. 5-74-106. You're all set! The law does not require that the gun or weapon be displayed or used. Magnolia, AR (71754) Today. However, thats not the only defense that can be raised. This information is not intended to create, and receipt The reason that the potential penalties for simultaneous possession are so high is likely because of what the offense suggests. Supreme Court of Arkansas 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. 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.
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