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. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. Charles Edward RAY v. STATE of Arkansas Disclaimer: Simultaneous possession of drugs and firearms is prohibited under A.C.A. 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. Class Y felonies are punishable by 10 to 40 years or life in prison. Manufacturing crude methamphetamine has become relatively easy, and more and more people are looking for a fast buck in making it. Instead, appellant's argument is directed entirely against the twenty-five-year sentence imposed upon revocation of his probation for simultaneous possession of drugs and firearms. Searcy Police Department along with the Central Arkansas Drug Task Force and White County Sheriff's Office conducted a drug bust. case or situation. Lavelle EVANS, Petitioner v. STATE of Arkansas, Respondent 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. There is no bond set at this time. Mr. Colbert was charged with possession of a controlled substance with intent to deliver and with simultaneous possession of drugs and a firearm. This is not a one size fits all situation. As we mentioned above, those in possession of drugs considered misdemeanor violations cant be charged with simultaneous possession. You're all set! Appellant's sole point on appeal is that he canno 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 5-74-106 - Simultaneous possession of drugs and firearms. Court of Appeals of Arkansas, Division II. Am I definitely going to jail if I receive a simultaneous possession charge? 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. 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? We are located in Nashville, Arkansas. 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. (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 William Asa Hutchinson III, son of former Arkansas Gov. App. There are also times when we may contact an attorney to assist with your case if we feel their participation is beneficial. Simultaneous Possession of Drugs and Firearms Arrest in Clay County, Arkansas ClayCoNews December 27, 2022 PIGGOT, AR (ClayCoNews) - According to Clay County Sheriff Afte -18-726] HONORABLE J. MICHAEL FITZHUGH, JUDGE AFFIRMED KENNETH S. HIXSON, Judge Founded 1974, the Arkansas Times is a lively, opinionated All rights reserved. Simultaneous Possession Of Drugs and Firearms in Arkansas. Simultaneous Possession of Drugs and Firearms All rights reserved. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County Sheriffs Office. One of the most common defenses is simply that the weapon found was not the Defendants. or viewing does not constitute, an attorney-client relationship. Juries in Arkansas have given life in some drug cases, even where the quantities are not all that great. Many want to know the answers to two main questions: what is the law/what are the. ) THE SON OF FORMER ARKANSAS GOVERNOR 'ASA HUTCHINSON'-- HAS BEEN RELEASED FROM THE BENTON COUNTY JAIL AFTER BEING ARRESTED ON DRUG CHARGES. 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. You already receive all suggested Justia Opinion Summary Newsletters. an indication of any specialized knowledge on the part of any firm members. His sentence simultaneous possession of drugs and a firearm and affirm in all other respects. Even if it seems like a casual conversation, its entirely possible for you to further incriminate yourself by speaking about the situation. 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. CR 96-473 Please try again. (1). Asa Hutchinson is being held in the Benton County Jail on drug charges. Subscribe to Justia's Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. JOSEPHINE LINKER HART , Judge For instance, manufacturing less than 2 grams of methamphetamine, heroin, or cocaine is a Class C felony. 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. Heasserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. CACR11-716 He also faces federal sentencing Feb. 3 on bribery and tax fraud charges. If they get caught, the penalties and forfeitures are extremely harsh. What additional charges would make a drug-related charge even more serious? According If youre convicted of a crime involving drugs, youre likely to be facing hefty fines and years in prison. Remember that you dont have to say anything to law enforcement officials without a lawyer present. (a) No person shall unlawfully commit a felony violation of 5-64-401 or 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. 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. 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. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. Charles Edward Ray pleaded guilty to, and was convicted of, simultaneous possession of drugs and a firearm, Ark. Nothing on this site should be taken as legal advice for any individual Code Ann. this Section, Subtitle 6 - Offenses Against Public Health, Safety, or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. This article was edited and reviewed by FindLaw Attorney Writers Former governor's son arrested on drug charges in Benton County, continuing the work that Dr King left for us." As with all criminal cases, the defenses available in a particular case depend on the specific facts and circumstances of that case. The son of former Arkansas Gov. 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. Deputies with the Benton County Sheriff's Office arrested William Asa Hutchinson III, 47, Friday on several charges. 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. 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. Hes been arrested for DWI before. Read the full article. Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation. 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. What Is Simultaneous Possession of Drugs and Firearms? Supporting the Arkansas Times' independent journalism is more vital than ever. featuring summaries of federal and state 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. 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.. But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. Code Ann. In the state of Arkansas, drug-related criminal charges are truly no joke. 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. 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. 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. A conviction can result in decades to life in prison. for specialization in any particular field of practice. Thunderstorms likely. We affirm the judgment of the trial court. Asa Hutchinson, is shown in this 2014 courtesy photo. 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.. 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. However, only a few drug crimes are misdemeanors. In fact, of the 20 or so statutes the simultaneous possession applies to, 8 of them can be charged as misdemeanors. Simply being in possession of it at the same time as being in control of drugs is criminal. What are the specifics of the Arkansas Simultaneous Possession law? Stay up-to-date with how the law affects your life. He was placed on probation for a period of sixty months for these offensehis probation for simultaneous possession of drugs and firearms. Simultaneous Possession of Drugs and Firearms. at (479) 235-4600. 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 -- Interact directly with CaseMine users looking for advocates in your area of specialization. Does everyone charged with these crimes face the same consequences? Arkansas may have more current or accurate information. To learn more about what options you may have, including possible case-specific defenses, contact our attorneys for a free consultation. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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 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. He was sentenced as a habitual offender to an aggregate term of 960 months' imprisonment and a fine of $10,000. A data geek charts it out. This information is not intended to create, and receipt or viewing does not create, an attorney-client relationship. The latest breaking updates, delivered straight to your email inbox. Your support has allowed us to double our newsroom in 2022 with even more editorial expansion plans in 2023. 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. Copyright 2023, Thomson Reuters. Arkansas class Y drug offenses and parole eligibility. Code Ann. Save up to 50% off on Le Creuset Cookware During the 2023 Winter Savings Event, What Is Amazon Warehouse? 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. 418 N Main St. Nashville, Arkansas 71852 Contact us: 870-845-0600. by Hugo | Nov 30, 2022 | Drug Offenses, Uncategorized | 0 comments. Essentially, the law says that a person commits a crime when they have both drugs and a gun or other weapon on them. 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. 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. 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 stakes are high, so the choice of a criminal defense lawyer to handle such as case is important. This is the most serious classification for felonies and is reserved for the severest of crimes. 2 counts simultaneous possession of drugs and firearms, 2 Once your legal counsel has obtained a full grasp on exactly what happened, theyll be able to help you come up with a defense. We have the ability to help many people but there are times when we get calls outside our practice area. Founded 1974, the Arkansas Times is a lively, opinionated source for news, politics & culture in Arkansas. Nevertheless, the missing bolt is fatal to the State's case for simultaneous possession of drugs and a firearm. (c) This section does not apply to a misdemeanor drug offense. The law does not require that the gun or weapon be displayed or used. ANNABELLE CLINTON IMBER, Justice. 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. 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. 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