Appellant's sole point on appeal is that he canno 4. As we mentioned above, those in possession of drugs considered misdemeanor violations cant be charged with simultaneous possession. Each case has its own facts, therefore, nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not create, an attorney-client relationship. Evidence sufficient to sustain conviction for simultaneous possession of drugs firearms trial court affirmed. Former governor's son arrested on drug charges in Benton County, continuing the work that Dr King left for us." ANNABELLE CLINTON IMBER, Justice. 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. If you have a problem we are unable to help you with we will happily refer you to another attorney or firm. 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. 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. 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. Magnolia, AR (71754) Today. What is the current law in Arkansas dealing with possession of drugs and firearms at the same time? What should I do if Ive been charged with simultaneous possession? ROBIN F. WYNNE, Judge Simultaneous Possession of Drugs and Firearms and Endangering the Welfare of a Minor 1st degree. 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. Each appellee was originally sentenced by the trial court to a term of ten this appeal. 5-74-106. This is the most serious classification for felonies and is reserved for the severest of crimes. 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. 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession of drugs and firearms. Asa Hutchinson is being held in the Benton County Jail on drug charges.Deputies with the Benton County Sheriff's Office arrested William Asa Appellant was convicted of manufacturing methamphetamine, being a felon in possession of a firearm, and simultaneous possession of drugs and a firearm. The 47-year-old son of former Arkansas Gov. 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.. There are also times when we may contact an attorney to assist with your case if we feel their participation is beneficial. by Hugo | Nov 30, 2022 | Drug Offenses, Uncategorized | 0 comments. We reasoned that, without ammunition, a firearm is not "readily accessible compel a conclusion one way or another. (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. Please check official sources. What Happens If You Get Caught with Drugs and a Gun in AR? All rights reserved. 5-74-106 (Repl. for specialization in any particular field of practice. Any membership with an organization is simply to show affiliation and should not be considered an endorsement of their views or Juries in Arkansas have given life in some drug cases, even where the quantities are not all that great. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. 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. Asa Hutchinson is being held in the Benton County Jail on drug charges. 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. Court of Appeals of Arkansas, Division III. In fact, we recommend that you dont speak to them until a lawyer is with you. Help us deliver the latest daily reporting and analysis on news, politics, culture and food in Arkansas. Class Y felonies are punishable by 10 to 40 years or life in prison. 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. and simultaneous possession of drugs and firearms, a felony. 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. Asa Hutchinson, is shown in this 2014 courtesy photo. an indication of any specialized knowledge on the part of any firm members. Code Ann. (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. Specifically, Mr. House contends that the jury should ha REVERSED REMANDED. 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. Even if it seems like a casual conversation, its entirely possible for you to further incriminate yourself by speaking about the situation. This information is not intended to create, and receipt If youve been charged with a drug-related crime, its time to. CACR11-716 Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation. This vital support keeps us fiercely independent, free from financial and political pressure. 2023, Arkansas Hearst Television Inc. on behalf of KHBS-TV. There is no bond set at this time. Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. One of the most common defenses is simply that the weapon found was not the Defendants. Essentially, the law says that a person commits a crime when they have both drugs and a gun or other weapon on them. 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 ARKANSAS COURT OF APPEALS DIVISION II A conviction can result in decades to life in prison. Copyright 2023 KAIT. JOSEPHINE LINKER HART , Judge 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 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. 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. No! 5-74-106 (Repl. Free Newsletters 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. High 68F. This field is for validation purposes and should be left unchanged. 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. CA CR 07-276 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 No member of the firm has been certified by any board 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. To learn more about what options you may have, including possible case-specific defenses, contact our attorneys for a free consultation. That offense requires that there be a firearm as defined in section 5-1-102(6) a . At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Copyright 2023, Thomson Reuters. 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.. featuring summaries of federal and state The younger Hutchinson has previous arrests on similar charges. What are the specifics of the Arkansas Simultaneous Possession law? Your support has allowed us to double our newsroom in 2022 with even more editorial expansion plans in 2023. We are located in Nashville, Arkansas. ) THE SON OF FORMER ARKANSAS GOVERNOR 'ASA HUTCHINSON'-- HAS BEEN RELEASED FROM THE BENTON COUNTY JAIL AFTER BEING ARRESTED ON DRUG CHARGES. Simultaneous possession of guns and drugs. Code Ann. No. Sign up for our free summaries and get the latest delivered directly to you. 5-74-106. 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. Remember that you dont have to say anything to law enforcement officials without a lawyer present. Am I definitely going to jail if I receive a simultaneous possession charge? (c) This section does not apply to a misdemeanor drug offense. 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. This fact alone is something to take seriously with just a few bad decisions, you might end up with lifelong consequences. Stephens was charged with speeding, simultaneous possession of drugs and firearms and three different charges of possession of a controlled substance. Simultaneous Possession of Drugs and Firearms 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. Interact directly with CaseMine users looking for advocates in your area of specialization. Cases cited for the legal proposition you have searched for. 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. 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. Disclaimer: What are the specifics of the Arkansas Simultaneous Possession law? 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.". Simultaneous possession of drugs and firearms. An attorney-client relationship can only be formed when terms have been reached and memorialized in a writing signed by both parties. 418 N Main St. Nashville, Arkansas 71852 Contact us: 870-845-0600. Simultaneous possession of drugs and firearms is prohibited under A.C.A. There is also a ten year mandatory minimum up to a maximum of life imprisonment for class Y felonies. You can do it for as little as $1. R. Crim. In fact, of the 20 or so statutes the simultaneous possession applies to, 8 of them can be charged as misdemeanors. For instance, manufacturing less than 2 grams of methamphetamine, heroin, or cocaine is a Class C felony. 5-64-419 through 5-64-442. at (479) 235-4600. 05/13/2018 Seneca - New Riegel woman arrested According to court documents, the. Charles Edward Ray pleaded guilty to, and was convicted of, simultaneous possession of drugs and a firearm, Ark. Miller was taken to the White County Law Enforcement Center and charged with simultaneous possession of Guns/Drugs, maintaining a Drug Premise, possession of a controlled substance with the purpose to deliver, possession of a controlled substance with the purpose to deliver, endangering the welfare of a minor, unlawful use of a communication device, and possession of drug paraphernalia. Punishable by a minimum 10-year sentence 20 or so statutes the simultaneous.! Hutchinson ' -- has been RELEASED from the Benton County Jail AFTER being arrested on drug charges in your of. 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