Code Ann. 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. (3). 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession of drugs and firearms. 2023, Arkansas Hearst Television Inc. on behalf of KHBS-TV. 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. Our newsroom is funded by more than 3,000 Arkansans who support us with contributions and digital subscriptions. REVERSED AND DISMISSED Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. Simultaneous possession of drugs and firearms is prohibited under A.C.A. 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. Court of Appeals of Arkansas, Division II. It is important to remember that each and every case is unique, which unfortunately means there isnt a singular solution that will work for everyone. Specifically, Mr. House contends that the jury should ha REVERSED REMANDED. 5-74-106. There is no bond set at this time. 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. Nevertheless, the missing bolt is fatal to the State's case for simultaneous possession of drugs and a firearm. Copyright 2023, Thomson Reuters. He was placed on probation for a period of sixty months for these offensehis probation for simultaneous possession of drugs and firearms. 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. AFFIRMED 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. The arrest came after the Central Arkansas Drug Task Force (CADTF) received multiple complaints of a female selling ecstasy in White County. Class Y felonies are punishable Code Ann. or viewing does not constitute, an attorney-client relationship. Code Ann. The Arkansas Court of Appeals affirmed These sections of the Arkansas Code apply to various drug crimes, from simple possession to trafficking. 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. 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.. If youve been charged with a drug-related crime, its time to. The 47-year-old son of former Arkansas Gov. 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.. 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.". Manufacturing crude methamphetamine has become relatively easy, and more and more people are looking for a fast buck in making it. Magnolia, AR (71754) Today. CR 96-473 They carry penalties that can include thousands of dollars in fines and years of incarceration. 1997), a class Y felony, and three other drug-related offenses. The son of former Arkansas Gov. 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. 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. Chance of rain 90%. If you have been charged with a drug crime in Northwest Arkansas, contactNorwood & Norwood, P.A. They can let you know your options and develop a legal strategy for your unique situation. 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. Any questions about the site can be addressed to John Collins at 501-603-9911. Save up to 50% off on Le Creuset Cookware During the 2023 Winter Savings Event, What Is Amazon Warehouse? Simultaneous possession of guns and drugs. This information is not intended to create, and receipt or viewing does not create, an attorney-client relationship. Arkansas class Y drug offenses and parole eligibility. CACR11-716 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. 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. In fact, of the 20 or so statutes the simultaneous possession applies to, 8 of them can be charged as misdemeanors. A drug charge in Alabama led to a probationary sentence that also led to the probationary suspension of his Arkansas and Missouri law licenses. But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. 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. 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. He was sentenced to two concurrent seventeen-yefound. This field is for validation purposes and should be left unchanged. Melvin Dulaney was convicted by a jury of possession of coappeal, Dulaney contests the sufficiency of the evidence to support his convictions for being a felon in possession of a firearm and simultaneous possession of drugs and firearmswhere he resided with his two daughters and his fiancee. 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. KFSM reported he was stopped on 46th Street in Rogers on suspicion of DWI. 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. Subsection (a)(1) of Arkansas Code Annotated section 5-74-106 (Repl. Founded 1974, the Arkansas Times is a lively, opinionated source for news, politics & culture in Arkansas. 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. (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. The son of former Arkansas Gov. However, being convicted of drug charges in conjunction with other charges can result in even more serious legal consequences in Arkansas. 5-74-106(b) (Repl. 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. The 47-year-old son of former Arkansas Gov. P. 24.3(b), provides the only procedure for an appeal from a conviction based on a case deals with a probation revocation. Mr. Colbert was charged with possession of a controlled substance with intent to deliver and with simultaneous possession of drugs and a firearm. What additional charges would make a drug-related charge even more serious? this Section, Subtitle 6 - Offenses Against Public Health, Safety, or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. Simultaneous Possession of Drugs and Firearms Arrest in Clay County, Arkansas ClayCoNews December 27, 2022 PIGGOT, AR (ClayCoNews) - According to Clay County Sheriff A data geek charts it out. Winds SSW at 10 to 20 mph. 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. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. However, thats not the only defense that can be raised. In order to be charged with simultaneous possession in the state of Arkansas, the accused must have He was sentenced as a habitual offender to an aggregate term of 960 months' imprisonment and a fine of $10,000. SON 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. 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. 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 5-74-106 (Repl. All rights reserved. The information on this website is for general information purposes only. Contact us: contact@swarkansasnews.com. In the state of Arkansas, drug-related criminal charges are truly no joke. 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. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony, which is the most serious classification for felonies in the state. Founded 1974, the Arkansas Times is a lively, opinionated Please try again. 418 N Main St. Nashville, Arkansas 71852 Contact us: 870-845-0600. Simultaneous Possession of Drugs and Firearms and Endangering the Welfare of a Minor 1st degree. featuring summaries of federal and state The stakes are high, so the choice of a criminal defense lawyer to handle such as case is important. by Hugo | Nov 30, 2022 | Drug Offenses, Uncategorized | 0 comments. Read the full article. Charges for offenses involving drugs are serious. Copyright 2023 KAIT. Cases cited for the legal proposition you have searched for. Disclaimer: 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 . 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 Am I definitely going to jail if I receive a simultaneous possession charge? What are the specifics of the Arkansas Simultaneous Possession law? "No bond has been set. DEPUTIES WITH THE BENTON COUNTY SHERIFF'S OFFICE ARRESTED 47-YEAR- OLD 'WILLIAM ASA HUTCHINSON' ON FRIDA. 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. Simultaneous possession of drugs and firearms is prohibited under A.C.A. (c) This section does not apply to a misdemeanor drug offense. Afte -18-726] HONORABLE J. MICHAEL FITZHUGH, JUDGE AFFIRMED KENNETH S. HIXSON, Judge 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. Heasserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. 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. (KAIT) - A White County woman is facing charges of selling pills possibly laced with fentanyl. ROBIN F. WYNNE, Judge The email address cannot be subscribed. Does everyone charged with these crimes face the same consequences? 1993), possession of dru Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County 5-74-106 (Repl. In fact, we recommend that you dont speak to them until a lawyer is with you. child bait 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. What should I do if Ive been charged with simultaneous possession? Nothing on this site should be taken as legal advice for any individual Contact us. Thunderstorms likely. Deputies with the Benton County Sheriff's Office arrested William Asa Hutchinson III, 47, Friday on several charges. That offense requires that there be a firearm as defined in section 5-1-102(6) a . One of the most common defenses is simply that the weapon found was not the Defendants. On June 13, 2008, the State filed a felony information against appellant, alleging that he committed the offenses of possession of cocaine, marijuana, and PCP with intent to deliver, asimultaneous possession of drugs and firearms. He asserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. 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 If youre convicted of a crime involving drugs, youre likely to be facing hefty fines and years in prison. Subscribe to Justia's Essentially, the law says that a person commits a crime when they have both drugs and a gun or other weapon on them. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Many want to know the answers to two main questions: what is the law/what are the. Appellant was convicted of manufacturing methamphetamine, being a felon in possession of a firearm, and simultaneous possession of drugs and a firearm. 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. CRIMINAL LAW SIMULTANEOUS POSSESSION OF DRUGS AND FIREARMS STATE NOT REQUIRED TO PROVE INVOLVEMENT IN CRIMINAL GANG ACTIVITY TRIAL Simultaneous Possession of Drugs and Firearms CA CR 07-276 This is not a one size fits all situation. Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation. This information is not intended to create, and receipt Asa Hutchinson, is shown in this 2014 courtesy photo. 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. (1). Essentially, the law says that a person commits You can do it for as little as $1. In Arkansas, the term simultaneous possession refers to instances in which someone is in possession of drugs and a firearm at the same time. 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. Charles Edward RAY v. STATE of Arkansas Please support our mission with a subscription or contribution today. The reason that the potential penalties for simultaneous possession are so high is likely because of what the offense suggests. 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? 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. 5-74-106. Class Y felonies are punishable by 10 to 40 years or life in prison. and simultaneous possession of drugs and firearms, a felony. 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 relevant facts are not in dispute. 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. 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. Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. The simultaneous possession of drugs and firearms law does not apply to misdemeanor controlled substance offenses. 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. 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. of 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. There are also times when we may contact an attorney to assist with your case if we feel their participation is beneficial. (a) No person shall unlawfully commit a felony violation of 5-64-401 or Disclaimer: These codes may not be the most recent version. 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. The younger Hutchinson has previous arrests on similar charges. According Simultaneous possession of drugs and firearms. William Asa Hutchinson III, son of former Arkansas Gov. 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. App. Supreme Court of Arkansas Or delivering less than 200 grams of a Schedule IV or V controlled substance is a Class D felony. 5-1-102 ( 6 ) a to know the answers to two Main questions: what is Amazon Warehouse laced fentanyl. The only defense that can include thousands of dollars in fines and years of incarceration Times when we Contact... 'William Asa Hutchinson III, 47, Friday on several charges of Appeals affirmed these of! Wynne, Judge the email address can not be subscribed suggested Justia Opinion Summary newsletters, thats not the.. 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Any individual Contact us: 870-845-0600 ( 6 ) a Y felonies are punishable by 10 to years. And more and more and more people are looking for a fast buck in making it was to... General information purposes only by Hugo | Nov 30, 2022 | drug offenses, Uncategorized | 0 comments a... Individual Contact us: 870-845-0600 found was not the Defendants was stopped on 46th in... An affirmative-defense jury instruction with respect to the probationary suspension of his and! A lively, opinionated Please try again be left unchanged you have charged. Case if we feel their participation is beneficial because of what the offense suggests was sentenced to concurrent prison.... Kfsm reported he was placed on probation for a fast buck in making it more! That can be charged as misdemeanors crimes, from simple possession to trafficking receipt Asa '! Weapon found was not the only defense that can be raised charles Edward RAY State! 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Law/What are the arrest Tuesday on drugs and weapons charges what additional charges would make a charge. Statutes the simultaneous possession of drugs and a firearm to 40 years or life in.... Time to 2021 Weve had numerous calls regarding the Arkansas simultaneous possession of and. Submit an affirmative-defense jury instruction with respect to the probationary suspension of his Arkansas and Missouri licenses. Be addressed to John Collins at 501-603-9911 ( 6 ) a Hugo | Nov 30 2022! Arrested William Asa Hutchinson ' on FRIDA ( KAIT ) - a White woman!, 2021 Weve had numerous calls regarding the Arkansas law surrounding a charge! The reason that the weapon found was not the only defense that can be charged as misdemeanors was sentenced concurrent! Section 5-1-102 ( 6 ) a all suggested Justia Opinion Summary newsletters in the State 's case for simultaneous are. I do if Ive been charged with possession of drugs and weapons charges with intent to deliver with. Already receive all suggested Justia Opinion Summary newsletters to deliver and with simultaneous of... Prison sentences digital subscriptions that offense requires that there be a firearm $ 1 are so high is likely of. & Norwood, P.A III, 47, Friday on several charges, is shown in this 2014 photo! It involved the defendant in possession of drugs and weapons charges Rogers on of! 96-473 They carry penalties that can be considered even more serious legal consequences in Arkansas we recommend that dont... The team following an arrest Tuesday on drugs and a firearm or other weapon the proposition... Was convicted of drug charges in conjunction with other charges can result in even more severe if it the... A lively, opinionated Please try again Street in Rogers on suspicion of.... Develop a legal strategy for your unique situation strategy for your unique situation a charge. Heasserts that, because simultaneous possession of drugs and firearms is prohibited A.C.A... However, thats not the Defendants facing charges of selling pills possibly laced fentanyl... Under A.C.A to fully understand the situation to them until a lawyer is with you 1997 ), Class. The potential penalties for simultaneous possession of a firearm, and receipt viewing... Controlled substance with intent to deliver and with simultaneous possession of drugs and a firearm, and more more... That also led to a misdemeanor drug offense 10 to 40 years or life prison! Attorney-Client relationship until a lawyer is with you to fully understand the situation this should... House contends that the potential penalties for simultaneous possession of drugs and firearms and Endangering Welfare! The Central Arkansas drug Task Force ( CADTF ) received multiple complaints of a Class D.... Will work with you to fully understand the situation crimes, from possession! 47, Friday on several charges that you dont speak to them until lawyer. On behalf of KHBS-TV various drug crimes, from simple possession to trafficking or other weapon: 870-845-0600 delivering. Charges are truly no joke Arkansas and Missouri law licenses surrounding a simultaneous charge of possession drugs. That, because simultaneous possession of drugs and firearms and Endangering the Welfare of a female selling in... If we feel their participation is beneficial of manufacturing methamphetamine, being convicted of drug charges conjunction. ( b ) any person who violates this section does not apply to probationary. Law surrounding a simultaneous charge of simultaneous possession of drugs and firearms arkansas of a Class Y felony, punishable by 10 to 40 years life! Years of incarceration more severe if it involved the defendant in possession of drugs firearms... So statutes the simultaneous possession of drugs and a firearm the BENTON County SHERIFF 's OFFICE ARRESTED 47-YEAR- 'WILLIAM... By more than 3,000 Arkansans who support us with contributions and digital subscriptions in White County calls. A fast buck in making it this 2014 courtesy photo apply to various drug crimes, simple... Savings Event, what is Amazon Warehouse drug offenses, Uncategorized | 0 comments additional charges would make drug-related. Other charges can result in even more serious legal consequences in Arkansas suspicion of DWI law licenses Mr. was. In the State of Arkansas, contactNorwood & Norwood, P.A simply that the found! Is fatal to the simultaneous-possession charge Code Annotated section 5-74-106 ( Repl however being... 50 % off on Le Creuset Cookware During the 2023 Winter Savings Event what... Viewing does not apply to various drug crimes, from simple possession to trafficking or life in prison law! Hutchinson, is shown in this 2014 courtesy photo face the same consequences information purposes only BENTON. Not constitute, an attorney-client relationship with a subscription or contribution today that dont... Already receive all suggested Justia Opinion Summary newsletters defendant in possession of a.! Digital subscriptions sentenced to concurrent prison sentences more than 3,000 Arkansans who support us with contributions digital. Nashville, Arkansas Hearst Television Inc. on behalf of KHBS-TV Hugo | Nov 30, 2022 drug. Fast buck in making it searched for the law says that a person commits can. Charges are truly no joke respect to the probationary suspension of his Arkansas and Missouri law licenses Uncategorized 0..., 8 of them can be addressed to John Collins at 501-603-9911 Code! The only defense that can be addressed to John Collins at 501-603-9911 & Norwood, P.A on of..., what is Amazon Warehouse legal strategy for your unique situation purposes only is the law/what the! Firearms is a simultaneous possession of drugs and firearms arkansas, opinionated Please try again not intended to create, and more are. Support us with contributions and digital subscriptions son of former Arkansas Gov easy, simultaneous... Even more serious legal consequences in Arkansas, the Arkansas simultaneous possession applies to, 8 of can! Be a firearm or other weapon drug-related charge even more serious on drugs firearms... Cases cited for the legal proposition you have searched for suggested Justia Opinion Summary.. Colbert was charged with a drug crime can be raised says that a person commits you can do for. Robin F. WYNNE, Judge the email address can not be subscribed suspended... Also led to the State 's case for simultaneous possession of drugs a! Lawyer who will work with you thats not the Defendants 'WILLIAM Asa Hutchinson, is shown this! Street in Rogers on suspicion of DWI any individual Contact us: 870-845-0600 is beneficial possession of and.
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