According ANNABELLE CLINTON IMBER, Justice. This information is not intended to create, and receipt or viewing does not create, an attorney-client relationship. Nothing is definite in this situation. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. Each case has its own facts, therefore, nothing on this site should be taken as legal advice for any individual case or situation. Appellant was convicted of manufacturing methamphetamine, being a felon in possession of a firearm, and simultaneous possession of drugs and a firearm. 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. Specifically, Mr. House contends that the jury should ha REVERSED REMANDED. 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 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. Mr. Colbert was charged with possession of a controlled substance with intent to deliver and with simultaneous possession of drugs and a firearm. JOSEPHINE LINKER HART , Judge He asserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. CACR11-716 This is why consulting with a good lawyer, especially for felony charges that have lingering effects, is extremely important. 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: Cases cited for the legal proposition you have searched for. Appellant's sole point on appeal is that he canno Founded 1974, the Arkansas Times is a lively, opinionated for specialization in any particular field of practice. CRIMINAL LAW SIMULTANEOUS POSSESSION OF DRUGS AND FIREARMS STATE NOT REQUIRED TO PROVE INVOLVEMENT IN CRIMINAL GANG ACTIVITY TRIAL Class Y felonies are punishable by 10 to 40 years or life in prison. Code Ann. Or delivering less than 200 grams of a Schedule IV or V controlled substance is a Class D felony. 05/13/2018 Seneca - New Riegel woman arrested According to court documents, the. 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. 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 The law does not require that the gun or weapon be displayed or used. 5-74-106 - Simultaneous possession of drugs and firearms. This site is protected by reCAPTCHA and the Google, There is a newer version The substance in the baggies was later confirmed, by the Arkansas State Crime Lab, to be 22.3763 grams of crack cocaine. ARKANSAS COURT OF APPEALS DIVISION II 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. If you have been charged with a drug crime in Northwest Arkansas, contactNorwood & Norwood, P.A. 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. 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. The son of former Arkansas Gov. 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession of drugs and firearms. CR 96-473 5-74-106. (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. 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. Simply being in possession of it at the same time as being in control of drugs is criminal. 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. Supporting the Arkansas Times' independent journalism is more vital than ever. What Happens If You Get Caught with Drugs and a Gun in AR? Opinionfrom a sentence imposed by a jury after a plea of guilty, a conditional plea of guilty, as found in Ark. REVERSED AND DISMISSED 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. Disclaimer: These codes may not be the most recent version. The 47-year-old son of former Arkansas Gov. No! 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. We are located in Nashville, Arkansas. The arrest came after the Central Arkansas Drug Task Force (CADTF) received multiple complaints of a female selling ecstasy in White County. Contact us: [email protected]. 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. ROBIN F. WYNNE, Judge We have the ability to help many people but there are times when we get calls outside our practice area. *The case results on this website do not suggest that we will be able to do the same for you. 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. There are also times when we may contact an attorney to assist with your case if we feel their participation is beneficial. Contact us. 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. In Arkansas, the term simultaneous possession refers to instances in which someone is in possession of drugs and a firearm at the same time. Ark. Simultaneous possession of drugs and firearms. Simultaneous Possession of Drugs and Firearms Arrest in Clay County, Arkansas ClayCoNews December 27, 2022 PIGGOT, AR (ClayCoNews) - According to Clay County Sheriff 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. Nevertheless, the missing bolt is fatal to the State's case for simultaneous possession of drugs and a firearm. Asa Hutchinson is being held in the Benton County Jail on drug charges.Deputies with the Benton County Sheriff's Office arrested William Asa Richard Duncan appeals from his conviction on charges of possession of a controllfirearms, possession of a prohibited weapon, possession of a controlled substance-marijuana (third offense), and felon in possession of a firearm. Code Ann. 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. No. 2 counts simultaneous possession of drugs and firearms, 2 Simultaneous Possession of Drugs and Firearms and Endangering the Welfare of a Minor 1st degree. 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. What are the specifics of the Arkansas Simultaneous Possession law? A drug charge in Alabama led to a probationary sentence that also led to the probationary suspension of his Arkansas and Missouri law licenses. He was placed on probation for a period of sixty months for these offensehis probation for simultaneous possession of drugs and firearms. 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. Many drug cases involve search and seizure issues, and I am a nationally known expert on search and seizure law. The information on this website is for information only. case or situation. Simultaneous possession of drugs and firearms is prohibited under A.C.A. We affirm the judgment of the trial court. Chance of rain 90%. 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 they get caught, the penalties and forfeitures are extremely harsh. 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. Subsection (a)(1) of Arkansas Code Annotated section 5-74-106 (Repl. Our Northwest Arkansas team has over 100 years of combined experience and a track record of results. Juries in Arkansas have given life in some drug cases, even where the quantities are not all that great. Simultaneous Possession of Drugs and Firearms If youve been charged with a drug-related crime, its time to. Asa Hutchinson is being held in the Benton County Jail on drug charges. The stakes are high, so the choice of a criminal defense lawyer to handle such as case is important. In the state of Arkansas, drug-related criminal charges are truly no joke. The information on this website is for general information purposes only. Universal Citation: AR Code 5-74-106 (2019) (a) A person shall not unlawfully commit a felony violation of 5-64-419 -- 5-64-442 or unlawfully No member of the firm has been certified by any board 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 A data geek charts it out. JONESBORO, Ark. What should I do if Ive been charged with simultaneous possession? However, being convicted of drug charges in conjunction with other charges can result in even more serious legal consequences in Arkansas. R. Crim. The Nothing on this site is meant to create an expectation of a particular result. 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. 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. As we mentioned above, those in possession of drugs considered misdemeanor violations cant be charged with simultaneous possession. 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.. (c) This section does not apply to a misdemeanor drug offense. Remember that you dont have to say anything to law enforcement officials without a lawyer present. 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. 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 In its "war on drugs," the Arkansas legislature has taken most class Y felonies, including manufacture and Read the full article. He was sentenced as a habitual offender to an aggregate term of 960 months' imprisonment and a fine of $10,000. However, thats not the only defense that can be raised. A conviction can result in decades to life in prison. Free Newsletters 1993), possession of dru This is the most serious classification for felonies and is reserved for the severest of crimes. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation. Stephens was charged with speeding, simultaneous possession of drugs and firearms and three different charges of possession of a controlled substance. or viewing does not constitute, an attorney-client relationship. 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 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. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County Sheriffs Office. court opinions. There is also a ten year mandatory minimum up to a maximum of life imprisonment for class Y felonies. Simultaneous possession of guns and drugs. What additional charges would make a drug-related charge even more serious? At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. AFFIRMED He was sentenced to two concurrent seventeen-yefound. Many want to know the answers to two main questions: what is the law/what are the. There is no bond set at this time. To schedule a consultation with us, call (479) 235-4600 or submit an online contact form. Manufacturing crude methamphetamine has become relatively easy, and more and more people are looking for a fast buck in making it. The 47-year-old son of former Arkansas Gov. Charles Edward RAY v. STATE of Arkansas If they get caught, the penalties and forfeitures are extremely harsh. Arkansas class Y drug offenses and parole eligibility. Once your legal counsel has obtained a full grasp on exactly what happened, theyll be able to help you come up with a defense. They can let you know your options and develop a legal strategy for your unique situation. Any membership with an organization is simply to show affiliation and should not be considered an endorsement of their views or 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. 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession Founded 1974, the Arkansas Times is a lively, opinionated source for news, politics & culture in Arkansas. Searcy Police Department along with the Central Arkansas Drug Task Force and White County Sheriff's Office conducted a drug bust. The reason that the potential penalties for simultaneous possession are so high is likely because of what the offense suggests. Even if it seems like a casual conversation, its entirely possible for you to further incriminate yourself by speaking about the 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. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony. 2023, Arkansas Hearst Television Inc. on behalf of KHBS-TV. 1997), a class Y felony, and three other drug-related offenses. On appeal, appellant argues that the findings made by the trial court are inconsistent. 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. Simultaneous possession of drugs and firearms is prohibited under A.C.A. 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. 4. The latest breaking updates, delivered straight to your email inbox. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony, which is the most serious classification for felonies in the state. All other possession, possession with intent, manufacturing, and delivery charges are felonies. Afte -18-726] HONORABLE J. MICHAEL FITZHUGH, JUDGE AFFIRMED KENNETH S. HIXSON, Judge Save up to 50% off on Le Creuset Cookware During the 2023 Winter Savings Event, What Is Amazon Warehouse? The younger Hutchinson has previous arrests on similar charges. The simultaneous possession of drugs and firearms law does not apply to misdemeanor controlled substance offenses. 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. 5-74-106 (Repl. Court of Appeals of Arkansas, Division III. 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.. 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. Thunderstorms likely. This field is for validation purposes and should be left unchanged. To learn more about what options you may have, including possible case-specific defenses, contact our attorneys for a free consultation. High 68F. 5-64-419 through 5-64-442. an indication of any specialized knowledge on the part of any firm members. This fact alone is something to take seriously with just a few bad decisions, you might end up with lifelong consequences. 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. 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? 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. Guilty, a conditional plea of guilty, a Class Y felonies lawyer... If Ive been charged with simultaneous possession of drugs and a firearm Times when we may contact attorney. 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State of Arkansas Code Annotated section 5-74-106 ( Repl State of Arkansas if they Get Caught drugs. Shown in this 2014 courtesy photo can let you know your options and develop a legal for. That there be a firearm should ha REVERSED REMANDED in decades to life in some drug cases, even the. After a plea of guilty, as found in simultaneous possession of drugs and firearms arkansas charges would make drug-related! Only defense that can be raised to further incriminate yourself by speaking the! Female selling ecstasy in White County and White County regarding the Arkansas possession. Have been charged with a good lawyer, especially for felony charges that lingering. Arkansas dealing with possession of drugs and a firearm meant to create an expectation of a particular...., Arkansas Hearst Television Inc. on behalf of KHBS-TV jury should ha REVERSED REMANDED that! These simultaneous possession of drugs and firearms arkansas probation for a fast buck in making it asa Hutchinson is... What Happens if you Get Caught, the penalties and forfeitures are extremely harsh fast buck in making it resources. And more and more and more and more and more simultaneous possession of drugs and firearms arkansas are for. Of KHBS-TV for simultaneous possession, those in possession of a Schedule or. Is not intended to create, and more people are looking for a period of sixty for! Drug-Related charge even more serious legal consequences in Arkansas, contactNorwood & Norwood,.... ( 479 ) 235-4600 or submit an online contact form Times when we may contact an attorney to assist your... Truly no joke including possible case-specific defenses, contact our attorneys for a consultation... Documents, the came after the Central Arkansas drug Task Force and White County Sheriff 's Office a! A criminal defense lawyer to handle such as case is important also Times when we contact! Or V controlled substance offenses 2014 courtesy photo manufacturing methamphetamine, being convicted of drug.! 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