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. Your support has allowed us to double our newsroom in 2022 with even more editorial expansion plans in 2023. Please try again. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. All other possession, possession with intent, manufacturing, and delivery charges are felonies. Am I definitely going to jail if I receive a simultaneous possession charge? The substance in the baggies was later confirmed, by the Arkansas State Crime Lab, to be 22.3763 grams of crack cocaine. child bait But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. Specifically, Mr. House contends that the jury should ha REVERSED REMANDED. 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. Nevertheless, the missing bolt is fatal to the State's case for simultaneous possession of drugs and a firearm. 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 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. 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. 05/13/2018 Seneca - New Riegel woman arrested According to court documents, the. This article was edited and reviewed by FindLaw Attorney Writers for specialization in any particular field of practice. R. Crim. Essentially, the law says that a person commits a crime when they have both drugs and a gun or other weapon on them. Interact directly with CaseMine users looking for advocates in your area of specialization. Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation. 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. Save up to 50% off on Le Creuset Cookware During the 2023 Winter Savings Event, What Is Amazon Warehouse? No! 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. ) THE SON OF FORMER ARKANSAS GOVERNOR 'ASA HUTCHINSON'-- HAS BEEN RELEASED FROM THE BENTON COUNTY JAIL AFTER BEING ARRESTED ON DRUG CHARGES. To learn more about what options you may have, including possible case-specific defenses, contact our attorneys for a free consultation. (KAIT) - A White County woman is facing charges of selling pills possibly laced with fentanyl. 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. They carry penalties that can include thousands of dollars in fines and years of incarceration. This fact alone is something to take seriously with just a few bad decisions, you might end up with lifelong consequences. 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. In fact, of the 20 or so statutes the simultaneous possession applies to, 8 of them can be charged as misdemeanors. The simultaneous possession of drugs and firearms law does not apply to misdemeanor controlled substance offenses. 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. Copyright 2023, Thomson Reuters. 3. Manufacturing crude methamphetamine has become relatively easy, and more and more people are looking for a fast buck in making it. The information on this website is for general information purposes only. The email address cannot be subscribed. Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. Asa Hutchinson is being held in the Benton County Jail on drug charges.Deputies with the Benton County Sheriff's Office arrested William Asa Magnolia, AR (71754) Today. Disclaimer: These codes may not be the most recent version. Many want to know the answers to two main questions: what is the law/what are the. On appeal, appellant argues that the findings made by the trial court are inconsistent. You can explore additional available newsletters here. The arrest came after the Central Arkansas Drug Task Force (CADTF) received multiple complaints of a female selling ecstasy in White County. Stay up-to-date with how the law affects your life. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. What is the current law in Arkansas dealing with possession of drugs and firearms at the same time? and simultaneous possession of drugs and firearms, a felony. 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. Founded 1974, the Arkansas Times is a lively, opinionated 5-74-106 - Simultaneous possession of drugs and firearms. Contact us. 5-74-106. There is no bond set at this time. Arkansas may have more current or accurate information. 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 We affirm the judgment of the trial court. All rights reserved. Searcy Police Department along with the Central Arkansas Drug Task Force and White County Sheriff's Office conducted a drug bust. 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 Heasserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. Any membership with an organization is simply to show affiliation and should not be considered an endorsement of their views or All rights reserved. What Happens If You Get Caught with Drugs and a Gun in AR? The Arkansas Court of Appeals affirmed Code Ann. He was sentenced to two concurrent seventeen-yefound. That offense requires that there be a firearm as defined in section 5-1-102(6) a . 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? P. 24.3(b), provides the only procedure for an appeal from a conviction based on a case deals with a probation revocation. CRIMINAL LAW SIMULTANEOUS POSSESSION OF DRUGS AND FIREARMS STATE NOT REQUIRED TO PROVE INVOLVEMENT IN CRIMINAL GANG ACTIVITY TRIAL 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. Simultaneous Possession of Drugs and Firearms. Simultaneous Possession of Drugs and Firearms 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. 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 stakes are high, so the choice of a criminal defense lawyer to handle such as case is important. this Section, Subtitle 6 - Offenses Against Public Health, Safety, or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. Remember that you dont have to say anything to law enforcement officials without a lawyer present. 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. Subscribe to Justia's Essentially, the law says that a person commits (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. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony, which is the most serious classification for felonies in the state. William Asa Hutchinson III, son of former Arkansas Gov. What are the specifics of the Arkansas Simultaneous Possession law? Our monthly magazine is free at over 500 locations in Central Arkansas. Many drug cases involve search and seizure issues, and I am a nationally known expert on search and seizure law. Simply being in possession of it at the same time as being in control of drugs is criminal. 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. 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. 5-74-106. Simultaneous possession of drugs and firearms is prohibited under A.C.A. What are the specifics of the Arkansas Simultaneous Possession law? 2 counts simultaneous possession of drugs and firearms, 2 (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 CR 96-473 High 68F. 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. There are also times when we may contact an attorney to assist with your case if we feel their participation is beneficial. The relevant facts are not in dispute. Appellant's sole point on appeal is that he canno The son of former Arkansas Gov. We reasoned that, without ammunition, a firearm is not "readily accessible compel a conclusion one way or another. 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.. (1). The 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. Thunderstorms likely. Supreme Court of Arkansas In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony. 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. If you have been charged, have a criminal defense lawyer review and evaluate your case. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County However, being convicted of drug charges in conjunction with other charges can result in even more serious legal consequences in Arkansas. 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. The first thing you should do when charged with any crime, including simultaneous possession, is get in touch with an attorney. 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. 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. Code Ann. Code Ann. (c) This section does not apply to a misdemeanor drug offense. 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. 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. Court of Appeals of Arkansas Division III. Court of Appeals of Arkansas, Division II. Please support our mission with a subscription or contribution today. 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 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. Or delivering less than 200 grams of a Schedule IV or V controlled substance is a Class D felony. If they get caught, the penalties and forfeitures are extremely harsh. 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: However, only a few drug crimes are misdemeanors. Deputies with the Benton County Sheriff's Office arrested William Asa Hutchinson III, 47, Friday on several charges. Opinionfrom a sentence imposed by a jury after a plea of guilty, a conditional plea of guilty, as found in Ark. 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. 5-74-106(b) (Repl. In the state of Arkansas, drug-related criminal charges are truly no joke. 5-64-419 through 5-64-442. 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. 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. You can do it for as little as $1. Asa Hutchinson is being held in the Benton County Jail on drug charges. Arkansas class Y drug offenses and parole eligibility. Cases cited for the legal proposition you have searched for. Founded 1974, the Arkansas Times is a lively, opinionated source for news, politics & culture in Arkansas. 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. This is not a one size fits all situation. The 47-year-old son of former Arkansas Gov. 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. 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 Evidence sufficient to sustain conviction for simultaneous possession of drugs firearms trial court affirmed. No. 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. Simultaneous possession of guns and drugs. Please check official sources. JONESBORO, Ark. court opinions. Read the full article. 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