5-74-106. Each appellee was originally sentenced by the trial court to a term of ten this appeal. High 68F. For instance, manufacturing less than 2 grams of methamphetamine, heroin, or cocaine is a Class C felony. 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. 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 information on this website is for information only. Nothing on this site should be taken as legal advice for any individual case or situation. Appellant was convicted of manufacturing methamphetamine, being a felon in possession of a firearm, and simultaneous possession of drugs and a firearm. Supporting the Arkansas Times' independent journalism is more vital than ever. 5-74-106. Please support our mission with a subscription or contribution today. Asa Hutchinson is being held in the Benton County Jail on drug charges.Deputies with the Benton County Sheriff's Office arrested William Asa Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 5-74(1992); Sisk v. State, supra. 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 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. Evidence sufficient to sustain conviction for simultaneous possession of drugs firearms trial court affirmed. 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. this Section, Subtitle 6 - Offenses Against Public Health, Safety, or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. 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 AFFIRMED Former governor's son arrested on drug charges in Benton County, continuing the work that Dr King left for us." featuring summaries of federal and state What are the specifics of the Arkansas Simultaneous Possession law? Afte -18-726] HONORABLE J. MICHAEL FITZHUGH, JUDGE AFFIRMED KENNETH S. HIXSON, Judge The reason that the potential penalties for simultaneous possession are so high is likely because of what the offense suggests. Court of Appeals of Arkansas, Division III. Each case has its own facts, therefore, nothing on this site should be taken as legal advice for any individual case or situation. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County Winds SSW at 10 to 20 mph. 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 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. 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. 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. If you have been charged, have a criminal defense lawyer review and evaluate your case. 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. Founded 1974, the Arkansas Times is a lively, opinionated Thunderstorms likely. What is the current law in Arkansas dealing with possession of drugs and firearms at the same time? 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 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. Please try again. If you have been charged with a drug crime in Northwest Arkansas, contactNorwood & Norwood, P.A. (b) Any person who violates this section is guilty of a Class Y felony. You're all set! at (479) 235-4600. Nothing on this site is meant to create an expectation of a particular result. Any membership with an organization is simply to show affiliation and should not be considered an endorsement of their views or Class Y felonies are punishable Juries in Arkansas have given life in some drug cases, even where the quantities are not all that great. 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. One of the most common defenses is simply that the weapon found was not the Defendants. 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. But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. App. Even if it seems like a casual conversation, its entirely possible for you to further incriminate yourself by speaking about the situation. In these cases, additional charges and penalties can be imposed, and they are not light punishments. This is not a one size fits all situation. ROBIN F. WYNNE, Judge You can do it for as little as $1. In Arkansas, the term simultaneous possession refers to instances in which someone is in possession of drugs and a firearm at the same time. Charles Edward Ray pleaded guilty to, and was convicted of, simultaneous possession of drugs and a firearm, Ark. ARKANSAS COURT OF APPEALS DIVISION II Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County Sheriffs Office. 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 -- JOSEPHINE LINKER HART , Judge DEPUTIES WITH THE BENTON COUNTY SHERIFF'S OFFICE ARRESTED 47-YEAR- OLD 'WILLIAM ASA HUTCHINSON' ON FRIDA. Simultaneous possession of drugs and firearms. an indication of any specialized knowledge on the part of any firm members. What Is 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. They carry penalties that can include thousands of dollars in fines and years of incarceration. Multiple drugs and guns were seized and five people on parole were arrested at three locations in El Dorado to kickstart 2023. Simultaneous Possession of Drugs and Firearms Arrest in Clay County, Arkansas ClayCoNews December 27, 2022 PIGGOT, AR (ClayCoNews) - According to Clay County Sheriff Your support has allowed us to double our newsroom in 2022 with even more editorial expansion plans in 2023. (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. However, only a few drug crimes are misdemeanors. The 47-year-old son of former Arkansas Gov. The Arkansas Court of Appeals affirmed Chance of rain 90%. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. 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 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. This is why consulting with a good lawyer, especially for felony charges that have lingering effects, is extremely important. 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. 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. The latest breaking updates, delivered straight to your email inbox. 2 counts simultaneous possession of drugs and firearms, 2 Code Ann. (a) No person shall unlawfully commit a felony violation of 5-64-401 or The son of former Arkansas Gov. (3). and simultaneous possession of drugs and firearms, a felony. In the state of Arkansas, drug-related criminal charges are truly no joke. To schedule a consultation with us, call (479) 235-4600 or submit an online contact form. If they get caught, the penalties and forfeitures are extremely harsh. Mr. Colbert was charged with possession of a controlled substance with intent to deliver and with simultaneous possession of drugs and a firearm. Class Y felonies are punishable by 10 to 40 years or life in prison. Simultaneous Possession of Drugs and Firearms. 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. A Polk County jury convicted Vincent Byron Fett of possession of marijuana with inappeal, Fett challenges only his conviction for simultaneous possession of drugs and firearms. Arkansas may have more current or accurate information. Deputies with the Benton County Sheriff's Office arrested William Asa Hutchinson III, 47, Friday on several charges. Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. 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 first thing you should do when charged with any crime, including simultaneous possession, is get in touch with an attorney. *The case results on this website do not suggest that we will be able to do the same for you. Supreme Court of Arkansas However, thats not the only defense that can be raised. Interact directly with CaseMine users looking for advocates in your area of specialization. Our Northwest Arkansas team has over 100 years of combined experience and a track record of results. He was sentenced to two concurrent seventeen-yefound. Not light punishments fits all situation Appeals affirmed Chance of rain 90 % for a fast buck in it! 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