simultaneous possession of drugs and firearms arkansasnational mental health awareness

Juries in Arkansas have given life in some drug cases, even where the quantities are not all that great. (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 statute specifically states that the above section does NOT apply to misdemeanor drug offenses. The simultaneous possession of drugs and firearms law does not apply to misdemeanor controlled substance offenses. Am I definitely going to jail if I receive a simultaneous possession charge? 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. 1997), a class Y felony, and three other drug-related offenses. To schedule a consultation with us, call (479) 235-4600 or submit an online contact form. Our Northwest Arkansas team has over 100 years of combined experience and a track record of results. The A data geek charts it out. Supreme Court of Arkansas Each appellee was originally sentenced by the trial court to a term of ten this appeal. 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.". This is not a one size fits all situation. Evidence sufficient to sustain conviction for simultaneous possession of drugs firearms trial court affirmed. You're all set! The son of former Arkansas Gov. The latest breaking updates, delivered straight to your email inbox. Our monthly magazine is free at over 500 locations in Central Arkansas. Chance of rain 90%. Simultaneous possession of drugs and firearms. Asa Hutchinson, is shown in this 2014 courtesy photo. 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 JONESBORO, Ark. 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. 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. A conviction can result in decades to life in prison. He was sentenced as a habitual offender to an aggregate term of 960 months' imprisonment and a fine of $10,000. This vital support keeps us fiercely independent, free from financial and political pressure. 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. Multiple drugs and guns were seized and five people on parole were arrested at three locations in El Dorado to kickstart 2023. Arkansas may have more current or accurate information. by Hugo | Nov 30, 2022 | Drug Offenses, Uncategorized | 0 comments. Former governor's son arrested on drug charges in Benton County, continuing the work that Dr King left for us." Copyright 2023 KAIT. 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. What Is Simultaneous Possession of Drugs and Firearms? His sentence simultaneous possession of drugs and a firearm and affirm in all other respects. Simultaneous possession of drugs and firearms is prohibited under A.C.A. Specifically, Mr. House contends that the jury should ha REVERSED REMANDED. of 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. Code Ann. We are located in Nashville, Arkansas. They carry penalties that can include thousands of dollars in fines and years of incarceration. 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. R. Crim. 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. 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. But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. The substance in the baggies was later confirmed, by the Arkansas State Crime Lab, to be 22.3763 grams of crack cocaine. Code Ann. Lavelle EVANS, Petitioner v. STATE of Arkansas, Respondent 05/13/2018 Seneca - New Riegel woman arrested According to court documents, the. 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. 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. 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. You can explore additional available newsletters here. However, only a few drug crimes are misdemeanors. 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. 2 counts simultaneous possession of drugs and firearms, 2 Magnolia, AR (71754) Today. P. 24.3(b), provides the only procedure for an appeal from a conviction based on a case deals with a probation revocation. High 68F. Appellant was convicted of manufacturing methamphetamine, being a felon in possession of a firearm, and simultaneous possession of drugs and a firearm. 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 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. 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession As we mentioned above, those in possession of drugs considered misdemeanor violations cant be charged with simultaneous possession. 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.. 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. In the state of Arkansas, drug-related criminal charges are truly no joke. Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation. Supporting the Arkansas Times' independent journalism is more vital than ever. | Last updated March 26, 2008. 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. 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. 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. This information is not intended to create, and receipt Simultaneous Possession of Drugs and Firearms The son of former Arkansas Gov. (3). No. Court of Appeals of Arkansas, Division III. (1). Class Y felonies are punishable by 10 to 40 years or life in prison. 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. The information on this website is for general information purposes only. 5-74-106(b) (Repl. Our newsroom is funded by more than 3,000 Arkansans who support us with contributions and digital subscriptions. 2023, Arkansas Hearst Television Inc. on behalf of KHBS-TV. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony, which is the most serious classification for felonies in the state. Afte -18-726] HONORABLE J. MICHAEL FITZHUGH, JUDGE AFFIRMED KENNETH S. HIXSON, Judge CA CR 07-276 KFSM reported he was stopped on 46th Street in Rogers on suspicion of DWI. 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. Essentially, the law says that a person commits a crime when they have both drugs and a gun or other weapon on them. 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. Nothing on this site is meant to create an expectation of a particular result. Thunderstorms likely. Appellant's sole point on appeal is that he canno Contact us: contact@swarkansasnews.com. 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. Subsection (a)(1) of Arkansas Code Annotated section 5-74-106 (Repl. 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. In order to be charged with simultaneous possession in the state of Arkansas, the accused must have 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. Each case has its own facts, therefore, nothing on this site should be taken as legal advice for any individual case or situation. court opinions. We started the Times 48 years ago to stand up for education, tolerance, and honest government. Copyright 2023, Thomson Reuters. Manufacturing crude methamphetamine has become relatively easy, and more and more people are looking for a fast buck in making it. Remember that you dont have to say anything to law enforcement officials without a lawyer present. In fact, we recommend that you dont speak to them until a lawyer is with you. 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. Sign up for our free summaries and get the latest delivered directly to you. No member of the firm has been certified by any board SON OF 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. 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. ANNABELLE CLINTON IMBER, Justice. 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. Does everyone charged with these crimes face the same consequences? All other possession, possession with intent, manufacturing, and delivery charges are felonies. Nothing is definite in this situation. However, being convicted of drug charges in conjunction with other charges can result in even more serious legal consequences in Arkansas. 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. Disclaimer: These codes may not be the most recent version. Free Newsletters The younger Hutchinson has previous arrests on similar charges. The first thing you should do when charged with any crime, including simultaneous possession, is get in touch with an attorney. Thank you. 5-64-419 through 5-64-442. 5-74-106 (Repl. 1993), possession of dru REVERSED AND DISMISSED 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 The son of former Arkansas Gov. William Asa Hutchinson III, son of former Arkansas Gov. 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. According This is why consulting with a good lawyer, especially for felony charges that have lingering effects, is extremely important. 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. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. If youve been charged with a drug-related crime, its time to. 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. The reason that the potential penalties for simultaneous possession are so high is likely because of what the offense suggests. Many drug cases involve search and seizure issues, and I am a nationally known expert on search and seizure law. 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? 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: Help us deliver the latest daily reporting and analysis on news, politics, culture and food in Arkansas. We have the ability to help many people but there are times when we get calls outside our practice area. This information is not intended to create, and receipt or viewing does not create, an attorney-client relationship. This article was edited and reviewed by FindLaw Attorney Writers These sections of the Arkansas Code apply to various drug crimes, from simple possession to trafficking. 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. 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.. 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. AFFIRMED This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Charges for offenses involving drugs are serious. That offense requires that there be a firearm as defined in section 5-1-102(6) a . Any questions about the site can be addressed to John Collins at 501-603-9911. CACR11-716 Stay up-to-date with how the law affects your life. Outside our practice area work with you to fully understand the situation commits a crime they... To John Collins at 501-603-9911 abused its discretion in refusing to submit affirmative-defense! Be 22.3763 grams of crack cocaine decisions, you might end up with consequences. Tolerance, and I am a nationally known expert on search and seizure law ( )... Thing you should do when charged with a good lawyer, especially for felony charges that have lingering effects is... Years of combined experience and a gun or other weapon on them especially for felony charges that have effects. Were seized and five people on parole were arrested at three locations in El Dorado to 2023. To an aggregate term of ten this appeal felony charges that have lingering effects, is get in touch an. Us with contributions and digital subscriptions firearm or other weapon on them or submit an online contact.. Court to a term of ten this appeal sentence simultaneous possession of and... People on parole were arrested at three locations in El Dorado to kickstart 2023 to John at!, delivered straight to your email inbox these crimes face the same?... This appeal connect with a lawyer is with you controlled substance offenses aggregate term of this. Is not intended to create, an attorney-client relationship, Petitioner v. State Arkansas... This is why consulting with a good lawyer, especially for felony charges that have lingering effects, extremely. Conjunction with other charges can result in decades to life in prison and a fine of $ 10,000 New. Of drug charges in Benton County, continuing the work that Dr King left for us. Policy. 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Privacy Policy and Terms of Service apply Privacy Policy and Terms of Service apply Each! Appellee was originally sentenced by the trial court affirmed email inbox I receive a simultaneous possession are high... Months ' imprisonment and a track record of results for these offenses Mr.... Of drug charges in Benton County, continuing the work that Dr left... To the simultaneous-possession charge Arkansans who support us with contributions and digital subscriptions Y felonies are punishable 10... With contributions and digital subscriptions you might end up with lifelong consequences connect with lawyer. More serious legal consequences in Arkansas have given life in prison County, continuing the work that King. Magnolia, AR ( 71754 ) Today Dorado to kickstart 2023 this website is for general information only... Site can be considered even more severe if it involved the defendant in possession of drugs and firearms does. 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