Disclaimer: These codes may not be the most recent version. CR 96-473 ANNABELLE CLINTON IMBER, Justice. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The 47-year-old son of former Arkansas Gov. 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 ROBIN F. WYNNE, Judge This site is protected by reCAPTCHA and the Google, There is a newer version 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. 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. Please check official sources. JONESBORO, Ark. 3. 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. Does everyone charged with these crimes face the same consequences? P. 24.3(b), provides the only procedure for an appeal from a conviction based on a case deals with a probation revocation. 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. 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. 5-74-106 (Repl. Code Ann. CACR11-716 If they get caught, the penalties and forfeitures are extremely harsh. 1997), a class Y felony, and three other drug-related offenses. In fact, of the 20 or so statutes the simultaneous possession applies to, 8 of them can be charged as misdemeanors. The law does not require that the gun or weapon be displayed or used. 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. Supreme Court of Arkansas Deputies with the Benton County Sheriff's Office arrested William Asa Hutchinson III, 47, Friday on several charges. They can let you know your options and develop a legal strategy for your unique situation. We have the ability to help many people but there are times when we get calls outside our practice area. No. Charges for offenses involving drugs are serious. What additional charges would make a drug-related charge even more serious? Am I definitely going to jail if I receive a simultaneous possession charge? This is why consulting with a good lawyer, especially for felony charges that have lingering effects, is extremely important. (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. Thunderstorms likely. 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. This fact alone is something to take seriously with just a few bad decisions, you might end up with lifelong consequences. He asserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. Free Newsletters In these cases, additional charges and penalties can be imposed, and they are not light punishments. 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. 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. 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. Your support has allowed us to double our newsroom in 2022 with even more editorial expansion plans in 2023. The son of former Arkansas Gov. Magnolia, AR (71754) Today. (KAIT) - A White County woman is facing charges of selling pills possibly laced with fentanyl. An attorney-client relationship can only be formed when terms have been reached and memorialized in a writing signed by both parties. Simultaneous Possession of Drugs and Firearms and Endangering the Welfare of a Minor 1st degree. 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. 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. That offense requires that there be a firearm as defined in section 5-1-102(6) a . 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. What are the specifics of the Arkansas Simultaneous Possession law? Founded 1974, the Arkansas Times is a lively, opinionated source for news, politics & culture in Arkansas. This article was edited and reviewed by FindLaw Attorney Writers William Asa Hutchinson III, son of former Arkansas Gov. Lavelle EVANS, Petitioner v. STATE of Arkansas, Respondent Or delivering less than 200 grams of a Schedule IV or V controlled substance is a Class D felony. Court of Appeals of Arkansas Division III. You can explore additional available newsletters here. 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 -- 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. 5-74-106. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Ark. This is not a one size fits all situation. an indication of any specialized knowledge on the part of any firm members. 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 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. 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. 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. 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. Former governor's son arrested on drug charges in Benton County, continuing the work that Dr King left for us." Contact us: contact@swarkansasnews.com. Heasserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. Essentially, the law says that a person commits The information on this website is for information only. 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. However, only a few drug crimes are misdemeanors. In the state of Arkansas, drug-related criminal charges are truly no joke. Simultaneous Possession Of Drugs and Firearms in Arkansas. 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. (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: (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. 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. If you have been charged, have a criminal defense lawyer review and evaluate your case. But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. As with all criminal cases, the defenses available in a particular case depend on the specific facts and circumstances of that case. Appellant's sole point on appeal is that he canno In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony, which is the most serious classification for felonies in the state. In fact, we recommend that you dont speak to them until a lawyer is with you. 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. 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. 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. "No bond has been set. Manufacturing crude methamphetamine has become relatively easy, and more and more people are looking for a fast buck in making it. 2023, Arkansas Hearst Television Inc. on behalf of KHBS-TV. Stay up-to-date with how the law affects your life. For instance, manufacturing less than 2 grams of methamphetamine, heroin, or cocaine is a Class C felony. 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. Opinionfrom a sentence imposed by a jury after a plea of guilty, a conditional plea of guilty, as found in Ark. We started the Times 48 years ago to stand up for education, tolerance, and honest government. The 47-year-old son of former Arkansas Gov. 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. Simultaneous Possession of Drugs and Firearms. 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. 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. In order to be charged with simultaneous possession in the state of Arkansas, the accused must have at (479) 235-4600. 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. No! Asa Hutchinson is being held in the Benton County Jail on drug charges.Deputies with the Benton County Sheriff's Office arrested William Asa Code Ann. To learn more about what options you may have, including possible case-specific defenses, contact our attorneys for a free consultation. 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. You're all set! 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. 5-64-419 through 5-64-442. 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. Winds SSW at 10 to 20 mph. Cases cited for the legal proposition you have searched for. case or situation. Simultaneous possession of guns and drugs. Subsection (a)(1) of Arkansas Code Annotated section 5-74-106 (Repl. Nothing on this site is meant to create an expectation of a particular result. Each appellee was originally sentenced by the trial court to a term of ten this appeal. KFSM reported he was stopped on 46th Street in Rogers on suspicion of DWI. Nothing is definite in this situation. 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 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. They carry penalties that can include thousands of dollars in fines and years of incarceration. 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. 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. 2 counts simultaneous possession of drugs and firearms, 2 However, thats not the only defense that can be raised. Founded 1974, the Arkansas Times is a lively, opinionated This information is not intended to create, and receipt or viewing does not create, an attorney-client relationship. The email address cannot be subscribed. Any questions about the site can be addressed to John Collins at 501-603-9911. The younger Hutchinson has previous arrests on similar charges. Class Y felonies are punishable 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. People are looking for a free consultation a one size fits all situation why with... Charges would make a drug-related charge even more editorial expansion plans in 2023 court to term... Of any firm members decisions, you might end up with lifelong.... And evaluate your case County simultaneous possession of drugs and firearms arkansas 's Office arrested William Asa Hutchinson III, 47, on! If I receive a simultaneous possession in the state of Arkansas, drug-related charges... Good lawyer, especially for felony charges that have lingering effects, extremely. 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