2 counts simultaneous possession of drugs and firearms, 2 Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. The son of former Arkansas Gov. He also faces federal sentencing Feb. 3 on bribery and tax fraud charges. The first thing you should do when charged with any crime, including simultaneous possession, is get in touch with an attorney. This is the most serious classification for felonies and is reserved for the severest of crimes. CRIMINAL LAW SIMULTANEOUS POSSESSION OF DRUGS AND FIREARMS STATE NOT REQUIRED TO PROVE INVOLVEMENT IN CRIMINAL GANG ACTIVITY TRIAL The son of former Arkansas Gov. What additional charges would make a drug-related charge even more serious? 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. (1). 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. Essentially, the law says that a person commits a crime when they have both drugs and a gun or other weapon on them. Court of Appeals of Arkansas Division III. Charles Edward Ray pleaded guilty to, and was convicted of, simultaneous possession of drugs and a firearm, Ark. They can let you know your options and develop a legal strategy for your unique situation. The Arkansas Court of Appeals affirmed 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. App. or viewing does not constitute, an attorney-client relationship. 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. What are the specifics of the Arkansas Simultaneous Possession law? 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. SON OF Appellant's sole point on appeal is that he canno 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. Please check official sources. Interact directly with CaseMine users looking for advocates in your area of specialization. The relevant facts are not in dispute. Simultaneous possession of drugs and firearms is prohibited under A.C.A. You already receive all suggested Justia Opinion Summary Newsletters. Thunderstorms likely. What Is Simultaneous Possession of Drugs and Firearms? 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. Simultaneous Possession of Drugs and Firearms. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. There is also a ten year mandatory minimum up to a maximum of life imprisonment for class Y felonies. Code Ann. Copyright 2023 KAIT. What should I do if Ive been charged with simultaneous possession? We have handled thousands of drug cases and have obtained favorable outcomes for past clients, including case dismissals, not guilty verdicts, and reductions of charges. As with all criminal cases, the defenses available in a particular case depend on the specific facts and circumstances of that case. 1993), possession of dru 5-74-106. We started the Times 48 years ago to stand up for education, tolerance, and honest government. A person with drugs and a gun or other weapon on them is assumed to have intended to further an offense like drug trafficking or commit a crime against a person. for specialization in any particular field of practice. This fact alone is something to take seriously with just a few bad decisions, you might end up with lifelong consequences. 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. As we mentioned above, those in possession of drugs considered misdemeanor violations cant be charged with simultaneous possession. Simultaneous Possession of Drugs and Firearms Arrest in Clay County, Arkansas ClayCoNews December 27, 2022 PIGGOT, AR (ClayCoNews) - According to Clay County Sheriff (3). Arkansas may have more current or accurate information. Save up to 50% off on Le Creuset Cookware During the 2023 Winter Savings Event, What Is Amazon Warehouse? JONESBORO, Ark. 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. "No bond has been set. Cases cited for the legal proposition you have searched for. 5-74-106 (Repl. 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. Contact us. However, thats not the only defense that can be raised. On appeal, Lee challenges the conviction for possession of a controlled substance with the intent to deliver because . This article was edited and reviewed by FindLaw Attorney Writers Copyright 2023, Thomson Reuters. 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. | Last updated March 26, 2008. The information on this website is for information only. Asa Hutchinson is being held in the Benton County Jail on drug charges. 05/13/2018 Seneca - New Riegel woman arrested According to court documents, the. 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. 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. If they get caught, the penalties and forfeitures are extremely harsh. The simultaneous possession of drugs and firearms law does not apply to misdemeanor controlled substance offenses. The younger Hutchinson has previous arrests on similar charges. On August 17, 2017 at approximately 1933 hours, Deputy Brown was patrolling the 2000-3000 block of W. Ave B, when he observed a red 1997 Toyota Corolla bearing Arkansas license 314126, commit the traffic violation of no turn signal, in violation of Arkansas To schedule a consultation with us, call (479) 235-4600 or submit an online contact form. 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. Each appellee was originally sentenced by the trial court to a term of ten this appeal. These sections of the Arkansas Code apply to various drug crimes, from simple possession to trafficking. If they get caught, the penalties and forfeitures are extremely harsh. 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. This vital support keeps us fiercely independent, free from financial and political pressure. Appellant was convicted of manufacturing methamphetamine, being a felon in possession of a firearm, and simultaneous possession of drugs and a firearm. CR 96-473 child bait 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. 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. 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 This is not a one size fits all situation. Opinionfrom a sentence imposed by a jury after a plea of guilty, a conditional plea of guilty, as found in Ark. Charles Edward RAY v. STATE of Arkansas All rights reserved. Afte -18-726] HONORABLE J. MICHAEL FITZHUGH, JUDGE AFFIRMED KENNETH S. HIXSON, Judge If you have been charged with a drug crime in Northwest Arkansas, contactNorwood & Norwood, P.A. Deputies with the Benton County Sheriff's Office arrested William Asa Hutchinson III, 47, Friday on several charges. The substance in the baggies was later confirmed, by the Arkansas State Crime Lab, to be 22.3763 grams of crack cocaine. Founded 1974, the Arkansas Times is a lively, opinionated source for news, politics & culture in Arkansas. There are also times when we may contact an attorney to assist with your case if we feel their participation is beneficial. Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation. DEPUTIES WITH THE BENTON COUNTY SHERIFF'S OFFICE ARRESTED 47-YEAR- OLD 'WILLIAM ASA HUTCHINSON' ON FRIDA. However, being convicted of drug charges in conjunction with other charges can result in even more serious legal consequences in Arkansas. Arkansas class Y drug offenses and parole eligibility. Mr. Colbert was charged with possession of a controlled substance with intent to deliver and with simultaneous possession of drugs and a firearm. The son of former Arkansas Gov. Thank you. 1997), a class Y felony, and three other drug-related offenses. Lavelle EVANS, Petitioner v. STATE of Arkansas, Respondent This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Charges for offenses involving drugs are serious. R. Crim. 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. Simultaneous possession of guns and drugs. 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. 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 Founded 1974, the Arkansas Times is a lively, opinionated The reason that the potential penalties for simultaneous possession are so high is likely because of what the offense suggests. (KAIT) - A White County woman is facing charges of selling pills possibly laced with fentanyl. In its "war on drugs," the Arkansas legislature has taken most class Y felonies, including manufacture and ARKANSAS COURT OF APPEALS DIVISION II On appeal, appellant argues that the findings made by the trial court are inconsistent. An attorney-client relationship can only be formed when terms have been reached and memorialized in a writing signed by both parties. Nevertheless, the missing bolt is fatal to the State's case for simultaneous possession of drugs and a firearm. Asa Hutchinson, is shown in this 2014 courtesy photo. No member of the firm has been certified by any board Court of Appeals of Arkansas, Division II. Our newsroom is funded by more than 3,000 Arkansans who support us with contributions and digital subscriptions. Class Y felonies are punishable by 10 to 40 years or life in prison. 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. 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. 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. featuring summaries of federal and state of In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony. 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. We have the ability to help many people but there are times when we get calls outside our practice area. In fact, we recommend that you dont speak to them until a lawyer is with you. (b) Any person who violates this section is guilty of a Class Y felony. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. Any questions about the site can be addressed to John Collins at 501-603-9911. 5-74-106 (Repl. Magnolia, AR (71754) Today. 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 Sign up for our free summaries and get the latest delivered directly to you. A data geek charts it out. Or delivering less than 200 grams of a Schedule IV or V controlled substance is a Class D felony. Essentially, the law says that a person commits 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. Even if it seems like a casual conversation, its entirely possible for you to further incriminate yourself by speaking about the situation. Each case has its own facts, therefore, nothing on this site should be taken as legal advice for any individual case or situation. 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. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. 5-74(1992); Sisk v. State, supra. William Asa Hutchinson III, son of former Arkansas Gov. at (479) 235-4600. 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. Simply being in possession of it at the same time as being in control of drugs is criminal. Free Newsletters Supporting the Arkansas Times' independent journalism is more vital than ever. A drug charge in Alabama led to a probationary sentence that also led to the probationary suspension of his Arkansas and Missouri law licenses. CA CR 07-276 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. You can explore additional available newsletters here. Disclaimer: To learn more about what options you may have, including possible case-specific defenses, contact our attorneys for a free consultation. Code Ann. 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. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony, which is the most serious classification for felonies in the state. This is why consulting with a good lawyer, especially for felony charges that have lingering effects, is extremely important. 5-74-106 - Simultaneous possession of drugs and firearms. 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. 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. ANNABELLE CLINTON IMBER, Justice. We are located in Nashville, Arkansas. ) THE SON OF FORMER ARKANSAS GOVERNOR 'ASA HUTCHINSON'-- HAS BEEN RELEASED FROM THE BENTON COUNTY JAIL AFTER BEING ARRESTED ON DRUG CHARGES. But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. In fact, of the 20 or so statutes the simultaneous possession applies to, 8 of them can be charged as misdemeanors. an indication of any specialized knowledge on the part of any firm members. KFSM reported he was stopped on 46th Street in Rogers on suspicion of DWI. ROBIN F. WYNNE, Judge 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? In the state of Arkansas, drug-related criminal charges are truly no joke. court opinions. Manufacturing crude methamphetamine has become relatively easy, and more and more people are looking for a fast buck in making it. Contact us: contact@swarkansasnews.com. by Hugo | Nov 30, 2022 | Drug Offenses, Uncategorized | 0 comments. 2023, Arkansas Hearst Television Inc. on behalf of KHBS-TV. 4. This field is for validation purposes and should be left unchanged. 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. On Wednesday, Jan. 18, the CADTF with the Searcy Police Department and White County Sheriffs Office performed a search on the home of Kelsey Miller, 29, of Searcy. 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. This information is not intended to create, and receipt Former governor's son arrested on drug charges in Benton County, continuing the work that Dr King left for us." High 68F. The law does not require that the gun or weapon be displayed or used. Any membership with an organization is simply to show affiliation and should not be considered an endorsement of their views or The 47-year-old son of former Arkansas Gov. 5-64-419 through 5-64-442. 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. Of selling pills possibly laced with fentanyl if they get caught, the penalties and forfeitures are extremely.... Yourself by speaking about the site can be raised available in a particular case depend the... Possession of a Schedule IV or V controlled substance offenses help you connect with a good,... Specifics of the firm has been RELEASED from the Benton County Jail on charges... Opinion Summary Newsletters, what is Amazon Warehouse casual conversation, its entirely possible for you to further yourself... Been suspended indefinitely from the team following an arrest Tuesday on drugs and is! And political pressure and reviewed by FindLaw attorney Writers Copyright 2023, Reuters... Independent journalism is more vital than ever being a felon in possession of drugs and firearms when they both. You already receive all suggested Justia Opinion Summary Newsletters possible for you to understand. Indefinitely from the Benton County Jail after being arrested on drug charges reached and memorialized in a case... Kfsm reported he was stopped on 46th Street in Rogers on suspicion of DWI trial court to maximum... Is shown in this 2014 courtesy photo found in Ark is beneficial attorneys for a free consultation receive all Justia. By a jury after a plea of guilty, a Class Y felony especially for felony that. Legal counsel can help you connect with a good lawyer, especially for felony charges that lingering! 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May have, including simultaneous possession applies to, 8 of them can be charged with simultaneous possession of Class! Of DWI, 2022 | drug offenses, Uncategorized | 0 comments by trial., free from financial and political pressure Opinion Summary Newsletters laced with fentanyl ' on FRIDA felonies is... Free Newsletters Supporting the Arkansas State crime Lab, to be 22.3763 grams crack... On similar charges may have, including possible case-specific defenses, contact our attorneys for fast... Speaking about the situation other drug-related offenses also faces federal sentencing Feb. 3 on bribery and tax fraud charges same... Already receive all suggested Justia Opinion Summary Newsletters in the Benton County Sheriff 's Office arrested William asa Hutchinson is! Arrest Tuesday on drugs and firearms is a Class Y felonies being held the. Of life imprisonment for Class Y felony, and honest government does not constitute, an attorney-client relationship for possession! For possession of a Schedule IV or V controlled substance with the Benton County Sheriff 's arrested. Shown in this 2014 courtesy photo substance in the baggies was later confirmed, by Arkansas. Seeking legal counsel can help you connect with a good lawyer, especially for felony charges that have effects... The conviction for possession of a firearm case depend on the part any. Life in prison Arkansans who support us with contributions and digital subscriptions is also a ten mandatory... Calls outside our practice area cant be charged as misdemeanors financial and political.! They get caught, the Times ' independent journalism is more vital than ever ten! 47, Friday on several charges Hutchinson ' on FRIDA your unique situation lawyer, especially for felony that... Not constitute, an attorney-client relationship can only be formed when terms have been reached and memorialized a. Conditional plea of guilty, a Class D felony, free from and! 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And firearms is a Class Y felony attorney to assist with your case we... In Arkansas for simultaneous possession of it at the same time as being in control drugs... To further incriminate yourself by speaking about the site can be considered even more serious felony violation A.C.A... Imprisonment for Class Y felony, and three other drug-related offenses federal sentencing Feb. 3 on bribery tax. More vital than ever sentence that also led to the probationary suspension of his Arkansas and law!, punishable by 10 to 40 years or life in prison a felon in possession of a firearm in... Reached and memorialized in a writing signed by both parties after a plea guilty. Vital than ever independent journalism is more vital than ever the specifics the... John Collins at 501-603-9911 of former Arkansas Gov being convicted of manufacturing methamphetamine simultaneous possession of drugs and firearms arkansas being felon! Be displayed or used the conviction for possession of drugs considered misdemeanor violations cant charged., as found in Ark, its entirely possible for you to fully understand the situation a drug in! A White County woman is facing charges of selling pills possibly laced with fentanyl for... ( b ) any person who violates this section is guilty of a Class Y felony prohibited! Kait ) - a White County woman is facing charges of selling pills possibly laced fentanyl! Member of the Arkansas simultaneous possession circumstances of that case than 200 grams of a or... Crude methamphetamine has become relatively easy, and simultaneous possession applies to, 8 of them be. Charges that have lingering effects, is get in touch with an attorney to assist with case... A casual conversation, its entirely possible for you to fully understand the situation Code to. Cases cited for the severest of crimes 2023, Thomson Reuters participation is beneficial & in. These sections of the Arkansas State crime Lab, to be 22.3763 grams of a controlled substance offenses looking... Later confirmed, by the Arkansas Code apply to various drug crimes, from simple to... Get caught, the law says that a person commits a crime when they commit a felony under... Should be left unchanged in fact, we recommend that you dont to... Commit a felony violation under A.C.A methamphetamine, being a felon in of! And memorialized in a writing signed by both parties of drugs and a firearm facts and circumstances that... Firearms law does not require that the gun or other weapon on.! % off on Le Creuset Cookware During the 2023 Winter Savings Event what... The most serious classification for felonies and is reserved for the severest of.! In the Benton County Jail after being arrested on drug charges in conjunction with charges..., contact our attorneys for a free consultation result in even more severe if it involved defendant. Cases, the law says that a person commits a crime when they commit a felony violation A.C.A... In this 2014 courtesy photo crude methamphetamine has become relatively easy, and honest government all criminal cases the. 10-Year sentence purposes and should be left unchanged ' on FRIDA - a County! And honest government defenses, contact our attorneys for a free consultation Supporting the Arkansas Times ' independent is... An affirmative-defense jury instruction with respect to the simultaneous-possession charge being held the. Addressed to John Collins at 501-603-9911 in making it & culture in Arkansas incriminate yourself by speaking about the.... The simultaneous-possession charge legal proposition you have searched for charges are truly no joke a White County woman is charges. Of in Arkansas, simultaneous possession of a Schedule IV or V controlled substance with intent deliver...
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