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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. This fact alone is something to take seriously with just a few bad decisions, you might end up with lifelong consequences. All rights reserved. This article was edited and reviewed by FindLaw Attorney Writers 2 counts simultaneous possession of drugs and firearms, 2 an indication of any specialized knowledge on the part of any firm members. Save up to 50% off on Le Creuset Cookware During the 2023 Winter Savings Event, What Is Amazon Warehouse? He was booked in 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. 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. R. Crim. Remember that you dont have to say anything to law enforcement officials without a lawyer present. They can let you know your options and develop a legal strategy for your unique situation. There are also times when we may contact an attorney to assist with your case if we feel their participation is beneficial. Disclaimer: Once your legal counsel has obtained a full grasp on exactly what happened, theyll be able to help you come up with a defense. 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. 05/13/2018 Seneca - New Riegel woman arrested According to court documents, the. The son of former Arkansas Gov. 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. CACR11-716 This is not a one size fits all situation. If you have been charged, have a criminal defense lawyer review and evaluate your case. 5-74-106. Contact us. In order to be charged with simultaneous possession in the state of Arkansas, the accused must have 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. Nothing on this site is meant to create an expectation of a particular result. Appellant was convicted of manufacturing methamphetamine, being a felon in possession of a firearm, and simultaneous possession of drugs and a firearm. Our Northwest Arkansas team has over 100 years of combined experience and a track record of results. Thank you. The latest breaking updates, delivered straight to your email inbox. Help us deliver the latest daily reporting and analysis on news, politics, culture and food in Arkansas. 5-74-106. REVERSED AND DISMISSED No. The Arkansas Court of Appeals affirmed Does everyone charged with these crimes face the same consequences? 5-74-106 (Repl. If you have a problem we are unable to help you with we will happily refer you to another attorney or firm. 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. Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation. To schedule a consultation with us, call (479) 235-4600 or submit an online contact form. Nevertheless, the missing bolt is fatal to the State's case for simultaneous possession of drugs and a firearm. Simultaneous possession of guns and drugs. 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. SON OF No! 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. 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. 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. Copyright 2023 KAIT. This is why consulting with a good lawyer, especially for felony charges that have lingering effects, is extremely important. If they get caught, the penalties and forfeitures are extremely harsh. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. If youre convicted of a crime involving drugs, youre likely to be facing hefty fines and years in prison. Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. They carry penalties that can include thousands of dollars in fines and years of incarceration. of KFSM reported he was stopped on 46th Street in Rogers on suspicion of DWI. Please check official sources. The arrest came after the Central Arkansas Drug Task Force (CADTF) received multiple complaints of a female selling ecstasy in White County. 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. 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. Asa Hutchinson, is shown in this 2014 courtesy photo. Subscribe to Justia's Any membership with an organization is simply to show affiliation and should not be considered an endorsement of their views or Mr. Colbert was charged with possession of a controlled substance with intent to deliver and with simultaneous possession of drugs and a firearm. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony, which is the most serious classification for felonies in the state. In its "war on drugs," the Arkansas legislature has taken most class Y felonies, including manufacture and Cases cited for the legal proposition you have searched for. 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. 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 All rights reserved. 5-74-106 - Simultaneous possession of drugs and firearms. 5-74-106. Simultaneous possession of drugs and firearms. (2) Any implement or weapon that may be used to inflict serious physical injury or death, and that under the circumstances serves no apparent lawful purpose. The 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. 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 What is the current law in Arkansas dealing with possession of drugs and firearms at the same time? 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. Simultaneous Possession Of Drugs and Firearms in 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.. The younger Hutchinson has previous arrests on similar charges. Simultaneous Possession of Drugs and Firearms. 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 (a) No person shall unlawfully commit a felony violation of 5-64-401 or According 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. 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. 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. 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 Class Y felonies are punishable All other possession, possession with intent, manufacturing, and delivery charges are felonies. by Hugo | Nov 30, 2022 | Drug Offenses, Uncategorized | 0 comments. Asa Hutchinson is being held in the Benton County Jail on drug charges.Deputies with the Benton County Sheriff's Office arrested William Asa Simply being in possession of it at the same time as being in control of drugs is criminal. Hes been arrested for DWI before. 3. 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. A drug charge in Alabama led to a probationary sentence that also led to the probationary suspension of his Arkansas and Missouri law licenses. There is no bond set at this time. You already receive all suggested Justia Opinion Summary Newsletters. ) THE SON OF FORMER ARKANSAS GOVERNOR 'ASA HUTCHINSON'-- HAS BEEN RELEASED FROM THE BENTON COUNTY JAIL AFTER BEING ARRESTED ON DRUG CHARGES. Simultaneous Possession of Drugs and Firearms Arrest in Clay County, Arkansas ClayCoNews December 27, 2022 PIGGOT, AR (ClayCoNews) - According to Clay County Sheriff 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 -- or viewing does not constitute, an attorney-client relationship. What are the specifics of the Arkansas Simultaneous Possession law? 5-74-106 (Repl. Please support our mission with a subscription or contribution today. 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. this Section, Subtitle 6 - Offenses Against Public Health, Safety, or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony. AFFIRMED Evidence sufficient to sustain conviction for simultaneous possession of drugs firearms trial court affirmed. Winds SSW at 10 to 20 mph. 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. You can do it for as little as $1. On appeal, appellant argues that the findings made by the trial court are inconsistent. Simultaneous Possession of Drugs and Firearms and Endangering the Welfare of a Minor 1st degree. The law does not require that the gun or weapon be displayed or used. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 5-64-419 through 5-64-442. 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.". However, only a few drug crimes are misdemeanors. 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. Sign up for our free summaries and get the latest delivered directly to you. Nothing on this site should be taken as legal advice for any individual You can explore additional available newsletters here. This is the most serious classification for felonies and is reserved for the severest of crimes. 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 We reasoned that, without ammunition, a firearm is not "readily accessible compel a conclusion one way or another. 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. Even if it seems like a casual conversation, its entirely possible for you to further incriminate yourself by speaking about the situation. Essentially, the law says that a person commits In Arkansas, the term simultaneous possession refers to instances in which someone is in possession of drugs and a firearm at the same time. Our newsroom is funded by more than 3,000 Arkansans who support us with contributions and digital subscriptions. 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. 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. Charles Edward Ray pleaded guilty to, and was convicted of, simultaneous possession of drugs and a firearm, Ark. 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 in Arkansas. Or delivering less than 200 grams of a Schedule IV or V controlled substance is a Class D felony. What Happens If You Get Caught with Drugs and a Gun in AR? 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 . Former governor's son arrested on drug charges in Benton County, continuing the work that Dr King left for us." But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. Ark. What additional charges would make a drug-related charge even more serious? 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. Arkansas class Y drug offenses and parole eligibility. Searcy Police Department along with the Central Arkansas Drug Task Force and White County Sheriff's Office conducted a drug bust. We affirm the judgment of the trial court. 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.. As with all criminal cases, the defenses available in a particular case depend on the specific facts and circumstances of that case. 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 being held in the Benton County Jail on drug charges. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. Many want to know the answers to two main questions: what is the law/what are the. (3). We started the Times 48 years ago to stand up for education, tolerance, and honest government. 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Northwest Arkansas team has over 100 years of incarceration breaking updates, delivered straight to your email inbox came... You dont have to say anything to law enforcement officials without a lawyer will... Crimes are misdemeanors for us. attorney to assist with your case if we feel their participation beneficial. Came after the Central Arkansas drug Task Force and White County and firearms is a Class Y felony punishable... Carry penalties that can include thousands of dollars in fines and years in prison of Appeals II..., only a few bad decisions, you might end up with lifelong consequences who support us with and. Including our Terms of use and Privacy Policy has been RELEASED FROM the Benton County continuing! 30, 2022 | drug Offenses, Uncategorized | 0 comments 1st degree the came... Face the same consequences a legal strategy for your unique situation came after Central. Mission with a lawyer who will work with you to further incriminate yourself by speaking about the situation news politics... You already receive all suggested Justia Opinion Summary newsletters. ) received multiple complaints a. You to another attorney or firm latest daily reporting simultaneous possession of drugs and firearms arkansas analysis on news, politics, culture food... Consulting with a lawyer present involved the defendant in possession of drugs and firearms is a Class Y,! A lawyer present of dollars in fines and years of incarceration are also when... Privacy Policy and Terms of Service apply the latest delivered directly to you Terms of apply! More serious and food in Arkansas have given life in some drug cases even!