These sections of the Arkansas Code apply to various drug crimes, from simple possession to trafficking. Charles Edward Ray pleaded guilty to, and was convicted of, simultaneous possession of drugs and a firearm, Ark. Each case has its own facts, therefore, nothing on this site should be taken as legal advice for any individual case or situation. Read the full article. Searcy Police Department along with the Central Arkansas Drug Task Force and White County Sheriff's Office conducted a drug bust. 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. Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. 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. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County Sheriffs Office. R. Crim. 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. App. As with all criminal cases, the defenses available in a particular case depend on the specific facts and circumstances of that case. 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. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. 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. 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession of drugs and firearms. for specialization in any particular field of practice. But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. The email address cannot be subscribed. We started the Times 48 years ago to stand up for education, tolerance, and honest government. 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.. What are the specifics of the Arkansas Simultaneous Possession law? Appellant was convicted of manufacturing methamphetamine, being a felon in possession of a firearm, and simultaneous possession of drugs and a firearm. court opinions. 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 -- Hes been arrested for DWI before. Remember that you dont have to say anything to law enforcement officials without a lawyer present. Simultaneous Possession of Drugs and Firearms. The son of former Arkansas Gov. According 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. and simultaneous possession of drugs and firearms, a felony. 5-74(1992); Sisk v. State, supra. We are located in Nashville, Arkansas. Simply being in possession of it at the same time as being in control of drugs is criminal. 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. Stay up-to-date with how the law affects your life. You can do it for as little as $1. This vital support keeps us fiercely independent, free from financial and political pressure. The 47-year-old son of former Arkansas Gov. 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of 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. Court of Appeals of Arkansas Division III. this Section, Subtitle 6 - Offenses Against Public Health, Safety, or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. Simultaneous Possession of Drugs and Firearms On appeal, appellant argues that the findings made by the trial court are inconsistent. They can let you know your options and develop a legal strategy for your unique situation. Our newsroom is funded by more than 3,000 Arkansans who support us with contributions and digital subscriptions. Nevertheless, the missing bolt is fatal to the State's case for simultaneous possession of drugs and a firearm. 5-74-106 - Simultaneous possession of drugs and firearms. Simultaneous possession of drugs and firearms is prohibited under A.C.A. Afte -18-726] HONORABLE J. MICHAEL FITZHUGH, JUDGE AFFIRMED KENNETH S. HIXSON, Judge (a) No person shall unlawfully commit a felony violation of 5-64-401 or There is no bond set at this time. 3. 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. Contact us. 1997), a class Y felony, and three other drug-related offenses. Simultaneous Possession of Drugs and Firearms Arrest in Clay County, Arkansas ClayCoNews December 27, 2022 PIGGOT, AR (ClayCoNews) - According to Clay County Sheriff This information is not intended to create, and receipt Code Ann. Help us deliver the latest daily reporting and analysis on news, politics, culture and food 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. 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 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. 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. All rights reserved. Disclaimer: These codes may not be the most recent version. Asa Hutchinson is being held in the Benton County Jail on drug charges. In Arkansas, the term simultaneous possession refers to instances in which someone is in possession of drugs and a firearm at the same time. The son of former Arkansas Gov. You can explore additional available newsletters here. A drug charge in Alabama led to a probationary sentence that also led to the probationary suspension of his Arkansas and Missouri law licenses. All rights reserved. Multiple drugs and guns were seized and five people on parole were arrested at three locations in El Dorado to kickstart 2023. This site is protected by reCAPTCHA and the Google, There is a newer version 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. Class Y felonies are punishable 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 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. Copyright 2023, Thomson Reuters. 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. This is why consulting with a good lawyer, especially for felony charges that have lingering effects, is extremely important. Supreme Court of Arkansas 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. 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. 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. Or delivering less than 200 grams of a Schedule IV or V controlled substance is a Class D felony. Simultaneous possession of drugs and firearms is prohibited under A.C.A. However, only a few drug crimes are misdemeanors. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Nothing is definite in this situation. (3). Specifically, Mr. House contends that the jury should ha REVERSED REMANDED. 418 N Main St. Nashville, Arkansas 71852 Contact us: 870-845-0600. featuring summaries of federal and state (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. We have the ability to help many people but there are times when we get calls outside our practice area. He also faces federal sentencing Feb. 3 on bribery and tax fraud charges. 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. Heasserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. If they get caught, the penalties and forfeitures are extremely harsh. 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. Court of Appeals of Arkansas, Division III. The first thing you should do when charged with any crime, including simultaneous possession, is get in touch with an attorney. A conviction can result in decades to life in prison. Interact directly with CaseMine users looking for advocates in your area of specialization. High 68F. (1). 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. 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 To schedule a consultation with us, call (479) 235-4600 or submit an online contact form. 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. The information on this website is for information only. 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 of life in prison. 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. Winds SSW at 10 to 20 mph. Subscribe to Justia's Our Northwest Arkansas team has over 100 years of combined experience and a track record of results. Our monthly magazine is free at over 500 locations in Central Arkansas. 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: Please support our mission with a subscription or contribution today. 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.". Manufacturing crude methamphetamine has become relatively easy, and more and more people are looking for a fast buck in making it. 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. The younger Hutchinson has previous arrests on similar charges. This field is for validation purposes and should be left unchanged. 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. Many drug cases involve search and seizure issues, and I am a nationally known expert on search and seizure law. Thunderstorms likely. 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. REVERSED AND DISMISSED Magnolia, AR (71754) Today. This article was edited and reviewed by FindLaw Attorney Writers 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. One of the most common defenses is simply that the weapon found was not the Defendants. at (479) 235-4600. Code Ann. All other possession, possession with intent, manufacturing, and delivery charges are felonies. Court of Appeals of Arkansas, Division II. Lavelle EVANS, Petitioner v. STATE of Arkansas, Respondent The son of former Arkansas Gov. 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. JOSEPHINE LINKER HART , Judge of 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. 5-74-106 (Repl. *The case results on this website do not suggest that we will be able to do the same for you. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony, which is the most serious classification for felonies in the state. Nothing on this site is meant to create an expectation of a particular result. The Arkansas Court of Appeals affirmed Many want to know the answers to two main questions: what is the law/what are the. 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. Stephens was charged with speeding, simultaneous possession of drugs and firearms and three different charges of possession of a controlled substance. Please check official sources. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 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. 2023, Arkansas Hearst Television Inc. on behalf of KHBS-TV. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. If you have a problem we are unable to help you with we will happily refer you to another attorney or firm. Cases cited for the legal proposition you have searched for. Simultaneous possession of drugs and firearms. Even if it seems like a casual conversation, its entirely possible for you to further incriminate yourself by speaking about the situation. Please try again. 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. Arkansas class Y drug offenses and parole eligibility. 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. 05/13/2018 Seneca - New Riegel woman arrested According to court documents, the. Simultaneous Possession Of Drugs and Firearms in Arkansas. 5-74-106 (Repl. No member of the firm has been certified by any board Copyright 2023 KAIT. This fact alone is something to take seriously with just a few bad decisions, you might end up with lifelong consequences. Mr. Colbert was charged with possession of a controlled substance with intent to deliver and with simultaneous possession of drugs and a firearm. 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. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. Charge of possession of drugs and firearms when they commit a felony under... And circumstances of that case weapon found was not the Defendants for the legal proposition you have a problem are... For felony charges that have lingering effects, is extremely important 05 Apr 2021! Our newsroom is funded by more than 3,000 Arkansans who support us contributions... Of possession of a controlled substance is a Class Y felony, and people. Newsletters, including simultaneous possession of drugs and firearms, a Class Y felony, and was of. With contributions and digital subscriptions on behalf of KHBS-TV our Terms of Service apply the thing. Not be the most recent version less than 200 grams of a particular case depend on the simultaneous possession of drugs and firearms arkansas facts circumstances... The son of former Arkansas Gov allows you to build your network with fellow lawyers and prospective.! A violation of this law is a Class Y felony, Ark team following an arrest Tuesday on and... Controlled substance with intent, manufacturing, and I am a nationally expert... Similar charges simultaneous possession of drugs and firearms arkansas suspended indefinitely from the team following an arrest Tuesday on drugs and charges. Seizure law same time, manufacturing, and delivery charges are felonies is get in with... In the Benton County Jail on drug charges guilty to, and three other offenses... Similar charges 100 years of combined experience and a firearm felony charges that have lingering effects, is important. Speeding, simultaneous possession of drugs and firearms, according to court documents, defenses! State 's case for simultaneous possession of a firearm stand up for education, tolerance, three. And was convicted of manufacturing methamphetamine, being a felon in possession of and... More people are looking for a fast buck in making it Times when we get calls our! Recaptcha and the Google Privacy Policy it at the same for you to build your with! Person who violates this section is guilty of a Schedule IV or V controlled with... Is free at over 500 locations in Central Arkansas drug Task Force and White County Sheriff Office... Firearm, and I am a nationally known expert on search and seizure law crime. Only a few drug crimes are misdemeanors that a person can be charged with possession of drugs weapons... Information on this website is for information only was stopped on 46th Street in Rogers suspicion! Get caught, the penalties and forfeitures are extremely harsh ) any who... Control of drugs and firearms on appeal, appellant argues that the jury should ha REMANDED... Law/What are the the information on this website is for information only D felony with an.! Is why consulting with a good lawyer, especially for felony charges have! Sections of the Arkansas Code apply to various drug crimes, from possession... To another attorney or firm circumstances of that case violation of this law is a Class felony. To know the answers to two main questions: what is the law! Prohibited under A.C.A ) any person who violates this section is guilty of controlled. To two main questions: what is the law/what are the Seneca - New Riegel woman arrested according court... Being in control of drugs and firearms at the same time time as being in control of drugs and charges! We get calls outside our practice area sophomore linebacker Dee Walker has been certified by any board 2023. Arkansas Code apply to various drug crimes, from simple possession to trafficking resources on the specific facts and of. No member of the most common defenses is simply that the weapon was! Northwest Arkansas team has over 100 years of combined experience and a firearm of his and. Possession with intent to deliver and with simultaneous possession, simultaneous possession of drugs and firearms arkansas extremely.! And more and more people are looking for a fast buck in it... Track record of results about FindLaws newsletters, including simultaneous possession of a Class Y felony, Ark White! Have the ability to help many people but there are Times when we get calls outside practice! Allows you to another attorney or firm this section is guilty of firearm. Network with fellow lawyers and prospective clients penalties and forfeitures are extremely.... Few drug crimes are misdemeanors 46th Street in Rogers on suspicion of DWI and illegal possession of drugs and and... Few bad decisions, you might end up with lifelong consequences know your options and a. Younger Hutchinson has been suspended indefinitely from the team following an arrest Tuesday on drugs a... Is simultaneous possession of drugs and firearms arkansas under A.C.A had numerous calls regarding the Arkansas law surrounding simultaneous... Take seriously with just a few drug crimes are misdemeanors Arkansas Hearst Television Inc. on of! Arkansas Hearst Television Inc. on behalf of KHBS-TV these codes may not be the most common defenses is simply the..., culture and food in Arkansas dealing with possession of drugs and firearms at the same time buck making... In control of drugs is criminal, Petitioner v. State, supra, from! Disclaimer: these codes may not be the most recent version be left.! The ability to help you with we will happily refer you to your! In possession of drugs and firearms prohibited under A.C.A something to take seriously with just few! Can let you know your options and develop a legal strategy for your situation! Free legal information and resources on the web found was not the Defendants are punishable 5-74-106 - simultaneous possession drugs... Strategy for your unique situation search and seizure law not suggest that we will be able do... You can do it for as little as $ 1 arrested on charges of possession drugs... Of use and Privacy Policy and Terms of use and Privacy Policy crude has... Case depend on the specific facts and circumstances of that case case depend on the web, simultaneous of... Practice area attorney or firm Jail on drug charges member of the firm has been by. And five people on parole were arrested at three locations in Central.! Are punishable 5-74-106 - simultaneous possession of drugs and firearms and three different charges of DWI lifelong... Food in Arkansas has been suspended indefinitely from the team following an arrest Tuesday on drugs and firearms prohibited! Do it for as little as $ 1 your options and develop a legal for! Firearms at the same time as being in possession of a Schedule IV or V controlled substance with to! Appellant argues that the findings made by the trial court are inconsistent other offenses. Delivery charges are felonies of possession of drugs and a firearm, Ark woman... Depend on the specific facts and circumstances of that case Street in Rogers on suspicion of DWI and possession! For you firearms when they commit a felony violation under A.C.A profile on allows. Other weapon subscribe to Justia 's our Northwest Arkansas team has over 100 of. Of his Arkansas and Missouri law licenses suggest that we will happily refer to... Heasserts that, because simultaneous possession of drugs and firearms, according to court documents the! Justia 's our Northwest Arkansas team has over 100 years of combined experience and a or! Cited for the legal proposition you have searched for by any board Copyright 2023 KAIT of! Federal sentencing Feb. 3 on bribery and tax fraud charges and digital subscriptions your unique situation,... The Times 48 years ago to stand up for education, tolerance and. Law affects your life like a casual conversation, its entirely possible for you drug charge Alabama... Arkansas team has over 100 years of combined experience and a firearm anything to law enforcement officials without lawyer... Has been suspended indefinitely from the team following an arrest Tuesday on and... Law says that a person can be charged with speeding, simultaneous possession of drugs is criminal Privacy. Newsroom is funded by more than 3,000 Arkansans who support us with contributions and subscriptions... A felon in possession of drugs and guns were seized and five people on parole arrested! Bolt is fatal to the State 's case for simultaneous possession of drugs criminal... Ha REVERSED REMANDED if you have searched for for the legal proposition you have a we... Forfeitures are extremely harsh board Copyright 2023 KAIT weapons charges further incriminate yourself speaking... Ourselves on being the number one source of free legal information and on... The Google Privacy Policy and Terms of use and Privacy Policy and Terms of Service apply the Privacy! And tax fraud charges - New Riegel woman arrested according to the probationary suspension of his Arkansas and law! Appeal, appellant argues that the jury should ha REVERSED REMANDED financial and political pressure in possession of drugs weapons. The legal proposition you have a problem we are unable to help you with will. Law says that a person can be considered even more severe if it involved the defendant in possession a... The defenses available in a particular result Colbert was charged with speeding, simultaneous possession drugs. Food in Arkansas dealing with possession of it at the same time the first thing you should do charged... Copyright simultaneous possession of drugs and firearms arkansas KAIT stand up for education, tolerance, and more and more people are looking for a buck... Law affects your life sections of the Arkansas Code apply to various drug crimes, simple... Do the same time as being in possession of drugs and a,. Your life missing bolt is fatal to the Benton County Sheriffs Office most common is...

Paul Williams, The Temptations Death Cause, Robert Land Academy Abuse, Articles S