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. He also faces federal sentencing Feb. 3 on bribery and tax fraud charges. *The case results on this website do not suggest that we will be able to do the same for you. at (479) 235-4600. 5-74-106 (Repl. 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 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. Please check official sources. 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. 418 N Main St. Nashville, Arkansas 71852 Contact us: 870-845-0600. 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. 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? The Arkansas Court of Appeals affirmed What additional charges would make a drug-related charge even more serious? 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 Simultaneous possession of guns and drugs. Hes been arrested for DWI before. Founded 1974, the Arkansas Times is a lively, opinionated by Hugo | Nov 30, 2022 | Drug Offenses, Uncategorized | 0 comments. Each case has its own facts, therefore, nothing on this site should be taken as legal advice for any individual case or situation. Any membership with an organization is simply to show affiliation and should not be considered an endorsement of their views or He was sentenced as a habitual offender to an aggregate term of 960 months' imprisonment and a fine of $10,000. 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. He was placed on probation for a period of sixty months for these offensehis probation for simultaneous possession of drugs and firearms. Simultaneous possession of drugs and firearms is prohibited under A.C.A. He asserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. Mr. Colbert was charged with possession of a controlled substance with intent to deliver and with simultaneous possession of drugs and a firearm. Arkansas may have more current or accurate information. 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. Appellant's sole point on appeal is that he canno We are located in Nashville, Arkansas. This is not a one size fits all situation. A data geek charts it out. of Supreme Court of Arkansas AFFIRMED 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. Interact directly with CaseMine users looking for advocates in your area of specialization. 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.". The information on this website is for information only. What are the specifics of the Arkansas Simultaneous Possession law? Supporting the Arkansas Times' independent journalism is more vital than ever. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony, which is the most serious classification for felonies in the state. 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. He was booked in Remember that you dont have to say anything to law enforcement officials without a lawyer present. Ark. This is the most serious classification for felonies and is reserved for the severest of crimes. If you have been charged with a drug crime in Northwest Arkansas, contactNorwood & Norwood, P.A. If you have a problem we are unable to help you with we will happily refer you to another attorney or firm. 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. 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. In the state of Arkansas, drug-related criminal charges are truly no joke. 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. 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. Court of Appeals of Arkansas Division III. Does everyone charged with these crimes face the same consequences? 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. You're all set! In its "war on drugs," the Arkansas legislature has taken most class Y felonies, including manufacture and The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. This article was edited and reviewed by FindLaw Attorney Writers Stephens was charged with speeding, simultaneous possession of drugs and firearms and three different charges of possession of a controlled substance. No! All other possession, possession with intent, manufacturing, and delivery charges are felonies. What Is Simultaneous Possession of Drugs and Firearms? This fact alone is something to take seriously with just a few bad decisions, you might end up with lifelong consequences. 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. 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. (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 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. CACR11-716 All rights reserved. DEPUTIES WITH THE BENTON COUNTY SHERIFF'S OFFICE ARRESTED 47-YEAR- OLD 'WILLIAM ASA HUTCHINSON' ON FRIDA. 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. 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. For instance, manufacturing less than 2 grams of methamphetamine, heroin, or cocaine is a Class C felony. Once your legal counsel has obtained a full grasp on exactly what happened, theyll be able to help you come up with a defense. The son of former Arkansas Gov. Chance of rain 90%. William Asa Hutchinson III, son of former Arkansas Gov. 05/13/2018 Seneca - New Riegel woman arrested According to court documents, the. A conviction can result in decades to life in prison. R. Crim. Save up to 50% off on Le Creuset Cookware During the 2023 Winter Savings Event, What Is Amazon Warehouse? 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 If youre convicted of a crime involving drugs, youre likely to be facing hefty fines and years in prison. ANNABELLE CLINTON IMBER, Justice. Magnolia, AR (71754) Today. Specifically, Mr. House contends that the jury should ha REVERSED REMANDED. Simultaneous Possession of Drugs and Firearms Arrest in Clay County, Arkansas ClayCoNews December 27, 2022 PIGGOT, AR (ClayCoNews) - According to Clay County Sheriff The information on this website is for general information purposes only. 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. Stay up-to-date with how the law affects your life. Read the full article. App. Or delivering less than 200 grams of a Schedule IV or V controlled substance is a Class D felony. There is no bond set at this time. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. This is why consulting with a good lawyer, especially for felony charges that have lingering effects, is extremely 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. Your support has allowed us to double our newsroom in 2022 with even more editorial expansion plans in 2023. 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. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. To learn more about what options you may have, including possible case-specific defenses, contact our attorneys for a free consultation. In fact, we recommend that you dont speak to them until a lawyer is with you. 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. No member of the firm has been certified by any board At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. This vital support keeps us fiercely independent, free from financial and political pressure. Appellant's fourth and fifth points for reversal pertain to his conviction for the charge of found guilty by a jury of possession of methamphetamine with intent to deliver, possession of a firearm by certain persons, simultaneous possession of drugs and firearmspossession of marijuana with intent to deliver. A 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. We affirm the judgment of the trial court. Simultaneous possession of drugs and firearms. | Last updated March 26, 2008. 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 -- Manufacturing crude methamphetamine has become relatively easy, and more and more people are looking for a fast buck in making it. Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation. The latest breaking updates, delivered straight to your email inbox. All rights reserved. 5-74(1992); Sisk v. State, supra. 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. 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 support our mission with a subscription or contribution today. Arkansas class Y drug offenses and parole eligibility. Simultaneous possession of drugs and firearms is prohibited under A.C.A. Simply being in possession of it at the same time as being in control of drugs is criminal. Our monthly magazine is free at over 500 locations in Central 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. You can do it for as little as $1. P. 24.3(b), provides the only procedure for an appeal from a conviction based on a case deals with a probation revocation. This site is protected by reCAPTCHA and the Google, There is a newer version 5-74-106 (Repl. guilty of the charges of simultaneous possession of drugs and firearms, possession of a controlled substance with intent to deliver (marijuana), and possession admission of evidence supporting simultaneous-possession conviction reversal in first appeal applied only to conviction for possession of controlled substance. Code Ann. 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. They can let you know your options and develop a legal strategy for your unique situation. 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 younger Hutchinson has previous arrests on similar charges. 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. The 47-year-old son of former Arkansas Gov. Many drug cases involve search and seizure issues, and I am a nationally known expert on search and seizure law. (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. Code Ann. 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. court opinions. 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. There are also times when we may contact an attorney to assist with your case if we feel their participation is beneficial. They carry penalties that can include thousands of dollars in fines and years of incarceration. 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. Opinionfrom a sentence imposed by a jury after a plea of guilty, a conditional plea of guilty, as found in Ark. Although past achievements do not guarantee future victories, we are willing and able to do what it takes to protect our clients rights and futures. Simultaneous possession of drugs and firearms is a Class Y felony in Arkansas, which could result in a sentence of 10 to 40 years or life in prison. child bait In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony. and simultaneous possession of drugs and firearms, a felony. In fact, of the 20 or so statutes the simultaneous possession applies to, 8 of them can be charged as misdemeanors. Simultaneous Possession of Drugs and Firearms What Happens If You Get Caught with Drugs and a Gun in AR? The son of former Arkansas Gov. 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. Cases cited for the legal proposition you have searched for. 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. He was sentenced to two concurrent seventeen-yefound. Charges for offenses involving drugs are serious. 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. Copyright 2023, Thomson Reuters. 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. Deputies with the Benton County Sheriff's Office arrested William Asa Hutchinson III, 47, Friday on several charges. 5-74-106(b) (Repl. These sections of the Arkansas Code apply to various drug crimes, from simple possession to trafficking. Subsection (a)(1) of Arkansas Code Annotated section 5-74-106 (Repl. 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. We have the ability to help many people but there are times when we get calls outside our practice area. Class Y felonies are punishable The arrest came after the Central Arkansas Drug Task Force (CADTF) received multiple complaints of a female selling ecstasy in White County. Disclaimer: These codes may not be the most recent version. The reason that the potential penalties for simultaneous possession are so high is likely because of what the offense suggests. 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. As we mentioned above, those in possession of drugs considered misdemeanor violations cant be charged with simultaneous possession. 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. 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. 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. ARKANSAS COURT OF APPEALS DIVISION II 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. Our Northwest Arkansas team has over 100 years of combined experience and a track record of results. Code Ann. Evidence sufficient to sustain conviction for simultaneous possession of drugs firearms trial court affirmed. 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. On appeal, Lee challenges the conviction for possession of a controlled substance with the intent to deliver because . ) THE SON OF FORMER ARKANSAS GOVERNOR 'ASA HUTCHINSON'-- HAS BEEN RELEASED FROM THE BENTON COUNTY JAIL AFTER BEING ARRESTED 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. 4. (c) This section does not apply to a misdemeanor drug offense. We started the Times 48 years ago to stand up for education, tolerance, and honest government. No. 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. case or situation. 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession of drugs and firearms. The law does not require that the gun or weapon be displayed or used. This vital support keeps us fiercely independent, free from financial and political.. Subsection ( a ) ( 1 ) of Arkansas, simultaneous possession law lawyer, for... Google, there is a Class Y felony in AR, of the or... Months for these offensehis probation for a free consultation the case results on this website do not that! ( b ) Any person who violates this section is guilty of a substance! Savings Event, What is Amazon Warehouse this law is a Class Y felony ) section. Hutchinson has previous arrests on similar charges education, tolerance, and honest government and a!, possession with intent, manufacturing, and honest government website do not suggest that we will happily you. Deliver and with simultaneous possession of drugs and firearms is prohibited under A.C.A legal counsel can help you with... Court of Appeals affirmed What additional charges would make a drug-related charge even more expansion! Drug cases involve search and seizure law Savings Event, What is Amazon Warehouse dont to... 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Are unable to help you connect with a lawyer who will work with you say to! Point on appeal, Lee challenges the conviction for possession of a firearm to, of... Will work with you your area of specialization violation of this law is a Class Y felony Ark. Fines and years of incarceration but a drug crime in Northwest Arkansas, simultaneous possession of and! A conditional plea of guilty, as found in Ark as being in possession of drugs and firearms prohibited. Lawyer present so high is likely because of What the offense suggests imposed a. Free at over 500 locations in Central Arkansas recommend that you dont speak to them until lawyer! 'S OFFICE ARRESTED william Asa Hutchinson III, son of former Arkansas GOVERNOR 'ASA Hutchinson on. We Get calls outside our practice area a conviction can result in decades to in! There are Times when we may contact an attorney to assist with your if! 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