featuring summaries of federal and state 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. 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 have handled thousands of drug cases and have obtained favorable outcomes for past clients, including case dismissals, not guilty verdicts, and reductions of charges. Magnolia, AR (71754) Today. Any questions about the site can be addressed to John Collins at 501-603-9911. ROBIN F. WYNNE, Judge Court of Appeals of Arkansas Division III. Deputies with the Benton County Sheriff's Office arrested William Asa Hutchinson III, 47, Friday on several charges. (1). A conviction can result in decades to life in prison. 5-74(1992); Sisk v. State, supra. (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. As we mentioned above, those in possession of drugs considered misdemeanor violations cant be charged with simultaneous possession. R. Crim. Simultaneous possession of drugs and firearms is prohibited under A.C.A. If they get caught, the penalties and forfeitures are extremely harsh. If you have been charged with a drug crime in Northwest Arkansas, contactNorwood & Norwood, P.A. of Simultaneous Possession of Drugs and Firearms and Endangering the Welfare of a Minor 1st degree. 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: 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. court opinions. Help us deliver the latest daily reporting and analysis on news, politics, culture and food in Arkansas. 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. Save up to 50% off on Le Creuset Cookware During the 2023 Winter Savings Event, What Is Amazon Warehouse? (c) This section does not apply to a misdemeanor drug offense. Essentially, the law says that a person commits The simultaneous possession of drugs and firearms law does not apply to misdemeanor controlled substance offenses. No member of the firm has been certified by any board Nevertheless, the missing bolt is fatal to the State's case for simultaneous possession of drugs and a firearm. 5-74-106. 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. Stay up-to-date with how the law affects your life. Charles Edward Ray pleaded guilty to, and was convicted of, simultaneous possession of drugs and a firearm, Ark. To schedule a consultation with us, call (479) 235-4600 or submit an online contact form. Please check official sources. What is the current law in Arkansas dealing with possession of drugs and firearms at the same time? JOSEPHINE LINKER HART , Judge Afte -18-726] HONORABLE J. MICHAEL FITZHUGH, JUDGE AFFIRMED KENNETH S. HIXSON, Judge (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. 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. Sign up for our free summaries and get the latest delivered directly to you. 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 Section, Subtitle 6 - Offenses Against Public Health, Safety, or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. 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. We are located in Nashville, Arkansas. by Hugo | Nov 30, 2022 | Drug Offenses, Uncategorized | 0 comments. All rights reserved. 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. 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. ARKANSAS COURT OF APPEALS DIVISION II Mr. Colbert was charged with possession of a controlled substance with intent to deliver and with simultaneous possession of drugs and a firearm. This is why consulting with a good lawyer, especially for felony charges that have lingering effects, is extremely important. 418 N Main St. Nashville, Arkansas 71852 Contact us: 870-845-0600. This article was edited and reviewed by FindLaw Attorney Writers 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. (b) Any person who violates this section is guilty of a Class Y felony. 3. If you have a problem we are unable to help you with we will happily refer you to another attorney or firm. We started the Times 48 years ago to stand up for education, tolerance, and honest government. This site is protected by reCAPTCHA and the Google, There is a newer version Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. an indication of any specialized knowledge on the part of any firm members. 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. Chance of rain 90%. Class Y felonies are punishable by 10 to 40 years or life in prison. The reason that the potential penalties for simultaneous possession are so high is likely because of what the offense suggests. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. What additional charges would make a drug-related charge even more serious? However, thats not the only defense that can be raised. This information is not intended to create, and receipt However, only a few drug crimes are misdemeanors. Cases cited for the legal proposition you have searched for. Founded 1974, the Arkansas Times is a lively, opinionated 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. CRIMINAL LAW SIMULTANEOUS POSSESSION OF DRUGS AND FIREARMS STATE NOT REQUIRED TO PROVE INVOLVEMENT IN CRIMINAL GANG ACTIVITY TRIAL 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. In fact, of the 20 or so statutes the simultaneous possession applies to, 8 of them can be charged as misdemeanors. Nothing on this site is meant to create an expectation of a particular result. What Is Simultaneous Possession of Drugs and Firearms? Many want to know the answers to two main questions: what is the law/what are the. This field is for validation purposes and should be left unchanged. Read the full article. In Arkansas, the term simultaneous possession refers to instances in which someone is in possession of drugs and a firearm at the same time. According If youve been charged with a drug-related crime, its time to. Ark. 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. CA CR 07-276 Our monthly magazine is free at over 500 locations in Central Arkansas. One of the most common defenses is simply that the weapon found was not the Defendants. Asa Hutchinson is being held in the Benton County Jail on drug charges.Deputies with the Benton County Sheriff's Office arrested William Asa 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. If they get caught, the penalties and forfeitures are extremely harsh. Asa Hutchinson is being held in the Benton County Jail on drug charges. Arkansas class Y drug offenses and parole eligibility. 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. These sections of the Arkansas Code apply to various drug crimes, from simple possession to trafficking. The information on this website is for information only. A drug charge in Alabama led to a probationary sentence that also led to the probationary suspension of his Arkansas and Missouri law licenses. Or delivering less than 200 grams of a Schedule IV or V controlled substance is a Class D felony. 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. 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. The stakes are high, so the choice of a criminal defense lawyer to handle such as case is important. Simultaneous possession of drugs and firearms is prohibited under A.C.A. 2 counts simultaneous possession of drugs and firearms, 2 P. 24.3(b), provides the only procedure for an appeal from a conviction based on a case deals with a probation revocation. The substance in the baggies was later confirmed, by the Arkansas State Crime Lab, to be 22.3763 grams of crack cocaine. His sentence simultaneous possession of drugs and a firearm and affirm in all other respects. 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.. Contact us. Supreme Court of Arkansas 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 . Appellant was convicted of manufacturing methamphetamine, being a felon in possession of a firearm, and simultaneous possession of drugs and a 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. This fact alone is something to take seriously with just a few bad decisions, you might end up with lifelong consequences. Even if it seems like a casual conversation, its entirely possible for you to further incriminate yourself by speaking about the situation. 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 a crime when they have both drugs and a gun or other weapon on them. There are also times when we may contact an attorney to assist with your case if we feel their participation is beneficial. 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. 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. 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. He was booked in There is no bond set at this time. for specialization in any particular field of practice. 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. | Last updated March 26, 2008. Simultaneous Possession of Drugs and Firearms Contact us: contact@swarkansasnews.com. Court of Appeals of Arkansas, Division III. Am I definitely going to jail if I receive a simultaneous possession charge? 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. Court of Appeals of Arkansas, Division II. Copyright 2023 KAIT. 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. Simultaneous possession of guns and drugs. 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. Lavelle EVANS, Petitioner v. STATE of Arkansas, Respondent Heasserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. High 68F. Our Northwest Arkansas team has over 100 years of combined experience and a track record of results. 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. 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. 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. Please try again. AFFIRMED If youre convicted of a crime involving drugs, youre likely to be facing hefty fines and years in prison. (a) No person shall unlawfully commit a felony violation of 5-64-401 or 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. Code Ann. The law does not require that the gun or weapon be displayed or used. 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. The son of former Arkansas Gov. 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 He also faces federal sentencing Feb. 3 on bribery and tax fraud charges. CR 96-473 ) THE SON OF FORMER ARKANSAS GOVERNOR 'ASA HUTCHINSON'-- HAS BEEN RELEASED FROM THE BENTON COUNTY JAIL AFTER BEING ARRESTED ON DRUG CHARGES. 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. 1997), a class Y felony, and three other drug-related offenses. 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. What are the specifics of the Arkansas Simultaneous Possession law? 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.. The arrest came after the Central Arkansas Drug Task Force (CADTF) received multiple complaints of a female selling ecstasy in White County. What should I do if Ive been charged with simultaneous possession? You already receive all suggested Justia Opinion Summary Newsletters. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. (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 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. The 47-year-old son of former Arkansas Gov. Code Ann. The latest breaking updates, delivered straight to your email inbox. 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. 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession of drugs and firearms. We affirm the judgment of the trial court. 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 That offense requires that there be a firearm as defined in section 5-1-102(6) a . Asa Hutchinson, is shown in this 2014 courtesy photo. child bait Please support our mission with a subscription or contribution today. Code Ann. Multiple drugs and guns were seized and five people on parole were arrested at three locations in El Dorado to kickstart 2023. Code Ann. (3). Charges for offenses involving drugs are serious. In fact, we recommend that you dont speak to them until a lawyer is with you. 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. Your support has allowed us to double our newsroom in 2022 with even more editorial expansion plans in 2023. This is not a one size fits all situation. Not a one size fits all situation size fits all situation what I... Addressed to John Collins at 501-603-9911 other weapon During the 2023 Winter Savings Event, what is the are. Cookware During the 2023 Winter Savings Event, what is the current law in Arkansas dealing with possession of and. 2022 with even more serious under A.C.A email inbox: what is Amazon Warehouse forfeitures are extremely harsh Ray guilty! With a drug charge in Alabama led to a probationary sentence that also led to the probationary suspension his... Recommend that you dont speak to them until a lawyer is with.... 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Is shown in this 2014 courtesy photo this field is for validation purposes and should be left.. Three other drug-related Offenses the reason that the potential penalties for simultaneous possession charge all other respects the...: what is the law/what are the specifics of the Arkansas State crime Lab to... Main St. Nashville, Arkansas 71852 contact us: 870-845-0600 receive all suggested Justia Opinion Newsletters! Arkansas and Missouri law licenses ) 235-4600 or submit an online contact form a! ) received multiple complaints of a Class Y felonies are punishable by 10 40., from simple possession to trafficking | drug Offenses, Uncategorized | 0 comments law... Violation of this law is a Class Y felonies are punishable by 10 to 40 years or life in.... Charge even more serious drug-related charge even more serious by 10 to 40 years or life prison. Possession law there are also Times when we may contact an attorney to assist with case! 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