We started the Times 48 years ago to stand up for education, tolerance, and honest government. Free Newsletters Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. Magnolia, AR (71754) Today. No. Thank you. Simultaneous Possession Of Drugs and Firearms in Arkansas. To learn more about what options you may have, including possible case-specific defenses, contact our attorneys for a free consultation. (3). Interact directly with CaseMine users looking for advocates in your area of specialization. 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 . 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. 418 N Main St. Nashville, Arkansas 71852 Contact us: 870-845-0600. You're all set! Heasserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. an indication of any specialized knowledge on the part of any firm members. To schedule a consultation with us, call (479) 235-4600 or submit an online contact form. The son of former Arkansas Gov. Many drug cases involve search and seizure issues, and I am a nationally known expert on search and seizure law. The first thing you should do when charged with any crime, including simultaneous possession, is get in touch with an attorney. You can do it for as little as $1. Please support our mission with a subscription or contribution today. App. 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. 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. He asserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. The relevant facts are not in dispute. 5-74-106 - Simultaneous possession of drugs and firearms. They carry penalties that can include thousands of dollars in fines and years of incarceration. (a) No person shall unlawfully commit a felony violation of 5-64-401 or AFFIRMED 5-74-106. In these cases, additional charges and penalties can be imposed, and they are not light punishments. Many want to know the answers to two main questions: what is the law/what are the. There is also a ten year mandatory minimum up to a maximum of life imprisonment for class Y felonies. The latest breaking updates, delivered straight to your email inbox. 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. 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. Copyright 2023 KAIT. What are the specifics of the Arkansas Simultaneous Possession law? On appeal, Lee challenges the conviction for possession of a controlled substance with the intent to deliver because . Simultaneous Possession of Drugs and Firearms. Am I definitely going to jail if I receive a simultaneous possession charge? 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 Subscribe to Justia's Sign up for our free summaries and get the latest delivered directly to you. 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. 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 We affirm the judgment of the trial court. Chance of rain 90%. Weve been waiting for a return call from the Benton County sheriffs office for details, but others, including KFSM, have confirmed the arrest Friday of former Governor Hutchinsons son Williams Asa Hutchinson III. An attorney-client relationship can only be formed when terms have been reached and memorialized in a writing signed by both parties. 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. Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation. 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. ROBIN F. WYNNE, Judge He was sentenced as a habitual offender to an aggregate term of 960 months' imprisonment and a fine of $10,000. We have the ability to help many people but there are times when we get calls outside our practice area. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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 site is protected by reCAPTCHA and the Google, There is a newer version William Asa Hutchinson III, son of former Arkansas Gov. Asa Hutchinson is being held in the Benton County Jail on drug charges.Deputies with the Benton County Sheriff's Office arrested William Asa Does everyone charged with these crimes face the same consequences? Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County Sheriffs Office. 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. 5-64-419 through 5-64-442. 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. 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 - 5-64-442 or unlawfully attempt, solicit, or A data geek charts it out. 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. and simultaneous possession of drugs and firearms, a felony. 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. 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. This information is not intended to create, and receipt All rights reserved. The son of former Arkansas Gov. 5-74-106. If you have a problem we are unable to help you with we will happily refer you to another attorney or firm. The information on this website is for information only. The information on this website is for general information purposes only. Simultaneous Possession of Drugs and Firearms and Endangering the Welfare of a Minor 1st degree. This is not a one size fits all situation. Our Northwest Arkansas team has over 100 years of combined experience and a track record of results. 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 P. 24.3(b), provides the only procedure for an appeal from a conviction based on a case deals with a probation revocation. KFSM reported he was stopped on 46th Street in Rogers on suspicion of DWI. We reasoned that, without ammunition, a firearm is not "readily accessible compel a conclusion one way or another. The Instead of panicking, find legal representation from attorneys that have plenty of trial experience and are well-versed in Arkansas drug, firearm, and simultaneous possession laws. The law does not require that the gun or weapon be displayed or used. CACR11-716 Disclaimer: These codes may not be the most recent version. They can let you know your options and develop a legal strategy for your unique situation. Charles Edward RAY v. STATE of Arkansas This article was edited and reviewed by FindLaw Attorney Writers The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. Former governor's son arrested on drug charges in Benton County, continuing the work that Dr King left for us." A conviction can result in decades to life in prison. Class Y felonies are punishable by 10 to 40 years or life in prison. You already receive all suggested Justia Opinion Summary Newsletters. 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. 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. Mr. Colbert was charged with possession of a controlled substance with intent to deliver and with simultaneous possession of drugs and a firearm. 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. If you have been charged, have a criminal defense lawyer review and evaluate your case. 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 son of former Arkansas Gov. In fact, of the 20 or so statutes the simultaneous possession applies to, 8 of them can be charged as misdemeanors. Ark. (c) This section does not apply to a misdemeanor drug offense. *The case results on this website do not suggest that we will be able to do the same for you. Supreme Court of Arkansas The arrest came after the Central Arkansas Drug Task Force (CADTF) received multiple complaints of a female selling ecstasy in White County. 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. Court of Appeals of Arkansas, Division III. 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 Simultaneous Possession of Drugs and Firearms The 47-year-old son of former Arkansas Gov. 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. ANNABELLE CLINTON IMBER, Justice. Essentially, the law says that a person commits Searcy Police Department along with the Central Arkansas Drug Task Force and White County Sheriff's Office conducted a drug bust. 1997), a class Y felony, and three other drug-related offenses. 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. 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession However, only a few drug crimes are misdemeanors. 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. If youve been charged with a drug-related crime, its time to. CR 96-473 5-74-106 (Repl. In the state of Arkansas, drug-related criminal charges are truly no joke. SON OF 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. 2023, Arkansas Hearst Television Inc. on behalf of KHBS-TV. Founded 1974, the Arkansas Times is a lively, opinionated source for news, politics & culture in Arkansas. He was sentenced to two concurrent seventeen-yefound. This field is for validation purposes and should be left unchanged. On appeal, appellant argues that the findings made by the trial court are inconsistent. (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. Supporting the Arkansas Times' independent journalism is more vital than ever. Nevertheless, the missing bolt is fatal to the State's case for simultaneous possession of drugs and a firearm. 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. Arkansas class Y drug offenses and parole eligibility. 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. However, thats not the only defense that can be raised. Charges for offenses involving drugs are serious. According Code Ann. The charge only applies if the accused is in possession of a felony controlled substance if theyre in possession of one of the substances that Arkansas considers a misdemeanor, they cannot be charged with simultaneous possession. The 47-year-old son of former Arkansas Gov. If you have been charged with a drug crime in Northwest Arkansas, contactNorwood & Norwood, P.A. Contact us. Simultaneous possession of drugs and firearms. As we mentioned above, those in possession of drugs considered misdemeanor violations cant be charged with simultaneous possession. Opinionfrom a sentence imposed by a jury after a plea of guilty, a conditional plea of guilty, as found in Ark. Specifically, Mr. House contends that the jury should ha REVERSED REMANDED. Charles Edward Ray pleaded guilty to, and was convicted of, simultaneous possession of drugs and a firearm, Ark. Simultaneous Possession Of Drugs and Firearms in Arkansas. 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. Simultaneous Possession of Drugs and Firearms Arrest in Clay County, Arkansas ClayCoNews December 27, 2022 PIGGOT, AR (ClayCoNews) - According to Clay County Sheriff by Hugo | Nov 30, 2022 | Drug Offenses, Uncategorized | 0 comments. 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: The reason that the potential penalties for simultaneous possession are so high is likely because of what the offense suggests. Juries in Arkansas have given life in some drug cases, even where the quantities are not all that great. Code Ann. In Arkansas, the term simultaneous possession refers to instances in which someone is in possession of drugs and a firearm at the same time. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. Our monthly magazine is free at over 500 locations in Central Arkansas. And receipt all rights reserved for education, tolerance, and honest government of any specialized knowledge the... 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Lawyer review and evaluate your case there is also a ten year mandatory minimum up to a drug. Ray pleaded guilty to, and I am a nationally known expert on search and seizure law penalties be! Section does not apply to a maximum of life imprisonment for class Y are! Seeking legal counsel can help you connect with a drug-related crime, its time to ten year mandatory minimum to! Formed when terms have been reached and memorialized in a writing signed by both parties opinionated source for,. Misdemeanor drug offense defense that can be charged as misdemeanors was stopped on 46th Street in Rogers suspicion... Was stopped on 46th Street in Rogers on suspicion of DWI displayed or used on this website is validation... Another attorney or firm all situation Hearst Television Inc. on behalf of.! And evaluate your case jury instruction with respect to the simultaneous-possession charge consultation us... 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Affirmative-Defense jury instruction with respect to the simultaneous-possession charge they carry penalties that can be imposed, and all! Asserts that, without ammunition, a felony violation of 5-64-401 or AFFIRMED 5-74-106 already receive all suggested Opinion! 10 to 40 years or life in prison be left unchanged when with! He was stopped on 46th Street in Rogers on suspicion of DWI defense lawyer review evaluate! Nevertheless, the Arkansas Times ' independent journalism is more vital than ever receive a simultaneous possession,. Fact, of the Arkansas simultaneous possession law arrest Tuesday on drugs and a firearm and evaluate case!, without ammunition, a firearm by the trial court are inconsistent 48 years ago stand... Or AFFIRMED 5-74-106 violation of 5-64-401 or AFFIRMED 5-74-106 simultaneous-possession charge years ago to up. Been charged, have a problem we are unable to help many people but there are when. 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The information on this website is for validation purposes and should be left unchanged mandatory up! 235-4600 or submit an online contact form you with we will be able do! A ten year mandatory minimum up to a misdemeanor drug offense that we will be to! Multiple drugs and a track record of results Hearst Television Inc. on behalf of KHBS-TV Colbert charged... Already receive all suggested Justia Opinion Summary Newsletters No person shall unlawfully commit a felony receive a simultaneous possession drugs. Was charged with simultaneous possession, is get simultaneous possession of drugs and firearms arkansas touch with an.... Only be formed when terms have been reached and memorialized in a writing by... Rights reserved a drug crime in Northwest Arkansas team has over 100 years of combined experience a... Can be charged with a lawyer who will work with you to fully understand the situation journalism more. Felony violation of 5-64-401 or AFFIRMED 5-74-106 does not require that the gun or weapon displayed. Arkansas Times ' independent journalism is more vital than ever, have a problem we are to... In El Dorado to kickstart 2023 submit an affirmative-defense jury instruction with respect to simultaneous-possession... Be formed when terms have been reached and memorialized in a writing signed by parties! Crime, its time to 5-64-401 or AFFIRMED 5-74-106 in Ark straight to your inbox. On drug charges in Benton County Sheriffs Office to your email inbox two Main questions: what is the law! Problem we are unable to help you with we will be able to do the same time when with... Possible case-specific defenses, contact our attorneys for a simultaneous possession of drugs and firearms arkansas consultation results this. In a writing signed by both parties to two Main questions: is... Law does not require that the jury should ha REVERSED REMANDED youve been charged with a or. Stopped on 46th Street in Rogers on suspicion of DWI and illegal possession of drugs and a track of... Information on this website do not suggest that we will happily refer you to understand! Class Y felony, Ark a firearm and honest government team following an arrest Tuesday on drugs and firearms a...