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. This field is for validation purposes and should be left unchanged. In fact, we recommend that you dont speak to them until a lawyer is with you. A data geek charts it out. To learn more about what options you may have, including possible case-specific defenses, contact our attorneys for a free consultation. What additional charges would make a drug-related charge even more serious? High 68F. Founded 1974, the Arkansas Times is a lively, opinionated What should I do if Ive been charged with simultaneous possession? | Last updated March 26, 2008. Subscribe to Justia's But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. No! 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 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession What Happens If You Get Caught with Drugs and a Gun in AR? The relevant facts are not in dispute. The younger Hutchinson has previous arrests on similar charges. Contact us. 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. 2005), the trial court in CR-2010-1022 lacked authority to place him on possession of a controlled substance with intent to deliver and to simultaneous possession of drugs and firearms. Am I definitely going to jail if I receive a simultaneous possession charge? 418 N Main St. Nashville, Arkansas 71852 Contact us: 870-845-0600. and simultaneous possession of drugs and firearms, a felony. 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 Thank you. The Arkansas Court of Appeals affirmed 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. 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.. 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. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 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.. No. Many want to know the answers to two main questions: what is the law/what are the. Supreme Court of Arkansas The arrest came after the Central Arkansas Drug Task Force (CADTF) received multiple complaints of a female selling ecstasy in White County. 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. 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. 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.". (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 Specifically, Mr. House contends that the jury should ha REVERSED REMANDED. Many drug cases involve search and seizure issues, and I am a nationally known expert on search and seizure law. 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. In its "war on drugs," the Arkansas legislature has taken most class Y felonies, including manufacture and 5-74-106(b) (Repl. What is the current law in Arkansas dealing with possession of drugs and firearms at the same time? 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. If you have a problem we are unable to help you with we will happily refer you to another attorney or firm. Code Ann. Copyright 2023, Thomson Reuters. To schedule a consultation with us, call (479) 235-4600 or submit an online contact form. 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. The 47-year-old son of former Arkansas Gov. Code Ann. This article was edited and reviewed by FindLaw Attorney Writers (c) This section does not apply to a misdemeanor drug offense. If they get caught, the penalties and forfeitures are extremely harsh. We affirm the judgment of the trial court. Simultaneous possession of drugs and firearms is prohibited under A.C.A. 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. If they get caught, the penalties and forfeitures are extremely harsh. 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. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony, which is the most serious classification for felonies in the state. 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. 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. The law does not require that the gun or weapon be displayed or used. In order to sustain a conviction for simultaneous possessionof drugs and fire-arms, the State must show possession of a firearm by the accused and a nexus between the firearms and the drugs; it is a defense to a prosecution for simultaneous . Evidence sufficient to sustain conviction for simultaneous possession of drugs firearms trial court affirmed. He asserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. *The case results on this website do not suggest that we will be able to do the same for you. Chance of rain 90%. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. 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. ANNABELLE CLINTON IMBER, Justice. CR 96-473 All rights reserved. (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. Simultaneous possession of drugs and firearms. 4. Appellant's sole point on appeal is that he canno Even if it seems like a casual conversation, its entirely possible for you to further incriminate yourself by speaking about the situation. 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. 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. REVERSED AND DISMISSED The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. 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. 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. 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. 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. They carry penalties that can include thousands of dollars in fines and years of incarceration. Cases cited for the legal proposition you have searched for. This information is not intended to create, and receipt The stakes are high, so the choice of a criminal defense lawyer to handle such as case is important. Each case has its own facts, therefore, nothing on this site should be taken as legal advice for any individual case or situation. Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation. We are located in Nashville, Arkansas. One of the most common defenses is simply that the weapon found was not the Defendants. 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. Manufacturing crude methamphetamine has become relatively easy, and more and more people are looking for a fast buck in making it. 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. 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 information is not intended to create, and receipt or viewing does not create, an attorney-client relationship. 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. 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. William Asa Hutchinson III, son of former Arkansas Gov. Simply being in possession of it at the same time as being in control of drugs is criminal. 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. Former governor's son arrested on drug charges in Benton County, continuing the work that Dr King left for us." 3. Arkansas may have more current or accurate information. Charges for offenses involving drugs are serious. This site is protected by reCAPTCHA and the Google, There is a newer version 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. 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. 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 App. These sections of the Arkansas Code apply to various drug crimes, from simple possession to trafficking. Sign up for our free summaries and get the latest delivered directly to you. You already receive all suggested Justia Opinion Summary Newsletters. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County 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 -- ROBIN F. WYNNE, Judge Code Ann. Any membership with an organization is simply to show affiliation and should not be considered an endorsement of their views or Buck in making it, from simple possession to trafficking Opinion Summary Newsletters you! Arkansas Code apply to a misdemeanor drug offense, because simultaneous possession of drugs firearms! Attorneys for a free consultation or firm, including possible case-specific defenses, contact our attorneys for free... 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