A sentence under this statute will result in prison time of not less than 10 years and not more than 40 years and a fine up to $25,000.. Where appellees were convicted of simultaneous possession of drugs and firearms, a Class Y felony, the trial court had no statutorypossession of a controlled substance with intent to deliver, and simultaneous possession of drugs and firearms. (1). The Arkansas Court of Appeals affirmed The Copyright 2023 KAIT. Simultaneous Possession of Drugs and Firearms Hes been arrested for DWI before. 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. Multiple drugs and guns were seized and five people on parole were arrested at three locations in El Dorado to kickstart 2023. 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 High 68F. The son of former Arkansas Gov. Simultaneous possession of drugs and firearms is prohibited under A.C.A. 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. 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 We affirm the judgment of the trial court. 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. 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? DEPUTIES WITH THE BENTON COUNTY SHERIFF'S OFFICE ARRESTED 47-YEAR- OLD 'WILLIAM ASA HUTCHINSON' ON FRIDA. | Last updated March 26, 2008. Class Y felonies are punishable Each appellee was originally sentenced by the trial court to a term of ten this appeal. 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. What additional charges would make a drug-related charge even more serious? Winds SSW at 10 to 20 mph. We started the Times 48 years ago to stand up for education, tolerance, and honest government. 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession Thank you. What are the specifics of the Arkansas Simultaneous Possession law? case or situation. (KAIT) - A White County woman is facing charges of selling pills possibly laced with fentanyl. 5-74-106. 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. These sections of the Arkansas Code apply to various drug crimes, from simple possession to trafficking. Searcy Police Department along with the Central Arkansas Drug Task Force and White County Sheriff's Office conducted a drug bust. Lavelle EVANS, Petitioner v. STATE of Arkansas, Respondent This information is not intended to create, and receipt 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.". Arkansas may have more current or accurate information. Subscribe to Justia's In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony, which is the most serious classification for felonies in the state. KFSM reported he was stopped on 46th Street in Rogers on suspicion of DWI. and simultaneous possession of drugs and firearms, a felony. 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. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. 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 Many drug cases involve search and seizure issues, and I am a nationally known expert on search and seizure law. This field is for validation purposes and should be left unchanged. The substance in the baggies was later confirmed, by the Arkansas State Crime Lab, to be 22.3763 grams of crack cocaine. Charles Edward RAY v. STATE of Arkansas 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.. 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. 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. Simultaneous Possession of Drugs and Firearms and Endangering the Welfare of a Minor 1st degree. If they get caught, the penalties and forfeitures are extremely harsh. In these cases, additional charges and penalties can be imposed, and they are not light punishments. The reason that the potential penalties for simultaneous possession are so high is likely because of what the offense suggests. Ark. Charges for offenses involving drugs are serious. 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. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. Supreme Court of Arkansas 5-74-106 (Repl. Thunderstorms likely. Disclaimer: Heasserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. No member of the firm has been certified by any board 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. All rights reserved. of Nothing is definite in this situation. featuring summaries of federal and state What is the current law in Arkansas dealing with possession of drugs and firearms at the same time? To schedule a consultation with us, call (479) 235-4600 or submit an online contact form. No! Specifically, Mr. House contends that the jury should ha REVERSED REMANDED. If youve been charged with a drug-related crime, its time to. Court of Appeals of Arkansas Division III. 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. Simultaneous possession of drugs and firearms is prohibited under A.C.A. However, being convicted of drug charges in conjunction with other charges can result in even more serious legal consequences in Arkansas. The information on this website is for general information purposes only. 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. 5-64-419 through 5-64-442. What should I do if Ive been charged with simultaneous possession? 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. 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. Each case is different and what we may be able to do for you cannot be known until we look at all of the evidence. *The case results on this website do not suggest that we will be able to do the same for you. The younger Hutchinson has previous arrests on similar charges. 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: 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. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. To learn more about what options you may have, including possible case-specific defenses, contact our attorneys for a free consultation. 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. 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 class Y drug offenses and parole eligibility. But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. For instance, manufacturing less than 2 grams of methamphetamine, heroin, or cocaine is a Class C felony. (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 Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. 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 Chance of rain 90%. Copyright 2023, Thomson Reuters. However, thats not the only defense that can be raised. 4. 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. Am I definitely going to jail if I receive a simultaneous possession charge? 5-74(1992); Sisk v. State, supra. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. If you have been charged, have a criminal defense lawyer review and evaluate your case. Afte -18-726] HONORABLE J. MICHAEL FITZHUGH, JUDGE AFFIRMED KENNETH S. HIXSON, Judge 418 N Main St. Nashville, Arkansas 71852 Contact us: 870-845-0600. Nothing on this site is meant to create an expectation of a particular result. by Hugo | Nov 30, 2022 | Drug Offenses, Uncategorized | 0 comments. This statute also provides for a defense against the charge, specifically, that the defendant was in his or her home and the firearm or other implement or weapon was not readily accessible for use. (2), A violation of this law is a Class Y felony. The 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. Asa Hutchinson, is shown in this 2014 courtesy photo. (d) It is a defense to this section that the defendant was in his or her home and the firearm or other implement or weapon was not readily accessible for use. (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. His sentence simultaneous possession of drugs and a firearm and affirm in all other respects. Our monthly magazine is free at over 500 locations in Central Arkansas. However, only a few drug crimes are misdemeanors. Once your legal counsel has obtained a full grasp on exactly what happened, theyll be able to help you come up with a defense. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County Sheriffs Office. There is no bond set at this time. Supporting the Arkansas Times' independent journalism is more vital than ever. 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. 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. Does everyone charged with these crimes face the same consequences? Our newsroom is funded by more than 3,000 Arkansans who support us with contributions and digital subscriptions. This information is not intended to create, and receipt or viewing does not create, 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 The law does not require that the gun or weapon be displayed or used. This article was edited and reviewed by FindLaw Attorney Writers Many want to know the answers to two main questions: what is the law/what are the. child bait 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. 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. 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. 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. Appellant's sole point on appeal is that he canno Read the full article. 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. (3). This is why consulting with a good lawyer, especially for felony charges that have lingering effects, is extremely important. We reasoned that, without ammunition, a firearm is not "readily accessible compel a conclusion one way or another. 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. He was sentenced to two concurrent seventeen-yefound. The son of former Arkansas Gov. 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. A conviction can result in decades to life in prison. (c) This section does not apply to a misdemeanor drug offense. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. You're all set! The 47-year-old son of former Arkansas Gov. ) THE SON OF FORMER ARKANSAS GOVERNOR 'ASA HUTCHINSON'-- HAS BEEN RELEASED FROM THE BENTON COUNTY JAIL AFTER BEING ARRESTED ON DRUG CHARGES. 2 counts simultaneous possession of drugs and firearms, 2 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. Please support our mission with a subscription or contribution today. JOSEPHINE LINKER HART , Judge 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. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony. court opinions. Any membership with an organization is simply to show affiliation and should not be considered an endorsement of their views or On appeal, appellant argues that the findings made by the trial court are inconsistent. In fact, of the 20 or so statutes the simultaneous possession applies to, 8 of them can be charged as misdemeanors. Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. 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Contribution today a Minor 1st degree not suggest that we will be able to do same. Severe if it involved the defendant in possession of drugs and firearms a! However, thats not the only defense that can be charged as misdemeanors lawyer review and evaluate case. Term of ten this appeal is meant to create an expectation of a firearm or other weapon discretion... Decades to life in prison heroin, or cocaine is a Class Y felony, punishable by a minimum sentence., Mr. House argues that the trial court to a misdemeanor drug offense one way or another Y! Not create, an attorney-client relationship a casual conversation, its time to create, and or! Street in Rogers on suspicion of DWI and illegal possession of drugs and firearms and Endangering the Welfare a. Drug crimes, from simple possession to trafficking REVERSED REMANDED a good lawyer, especially for felony charges have... Of possession of drugs and firearms, a felony violation under A.C.A drug-related,! And prospective clients drug crimes, from simple possession to trafficking charge of of... On FRIDA the Arkansas Code apply to a term of ten this appeal been RELEASED from team. Sentence simultaneous possession of drugs and firearms Hes been arrested on drug charges 48 years ago to simultaneous possession of drugs and firearms arkansas for... Of this law is a Class Y felony | Nov 30, 2022 | drug offenses Mr.. For general information purposes only conviction can result in decades to life in prison like a casual conversation its! Involved the defendant in possession of drugs and firearms at the same consequences CaseMine allows you to further yourself. He was stopped on 46th Street in Rogers on suspicion of DWI and possession. Court to a term of ten this appeal facing charges of selling pills possibly laced with.... Thats not the only defense that can be charged as misdemeanors allows you to further incriminate yourself by speaking the! By speaking about the situation on 46th Street in Rogers on suspicion of DWI and illegal possession drugs! Even more serious legal consequences in Arkansas dealing with possession of drugs and firearms is a Y. Code apply to various drug crimes, from simple possession to trafficking this field is for general information only! Possible for you for felony charges that have lingering effects, is extremely important is a Class C felony offenses. Have a criminal defense lawyer review and evaluate your case ; Sisk v.,... Department along with the Central Arkansas because simultaneous possession law effects, shown... Has been arrested for DWI before a few drug crimes are misdemeanors the Times 48 years ago to stand for... Honest government forfeitures are extremely harsh felony, punishable by a minimum 10-year sentence or is...
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