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. 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. 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession of drugs and firearms. 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. The reason that the potential penalties for simultaneous possession are so high is likely because of what the offense suggests. Subsection (a)(1) of Arkansas Code Annotated section 5-74-106 (Repl. What additional charges would make a drug-related charge even more serious? If you have been charged with a drug crime in Northwest Arkansas, contactNorwood & Norwood, P.A. Lavelle EVANS, Petitioner v. STATE of Arkansas, Respondent 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. 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 child bait He was placed on probation for a period of sixty months for these offensehis probation for simultaneous possession of drugs and firearms. Our newsroom is funded by more than 3,000 Arkansans who support us with contributions and digital subscriptions. He was booked in Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation. 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.. The first thing you should do when charged with any crime, including simultaneous possession, is get in touch with an attorney. Appellant's fourth and fifth points for reversal pertain to his conviction for the charge of found guilty by a jury of possession of methamphetamine with intent to deliver, possession of a firearm by certain persons, simultaneous possession of drugs and firearmspossession of marijuana with intent to deliver. 5-74-106(b) (Repl. We affirm the judgment of the trial court. An attorney-client relationship can only be formed when terms have been reached and memorialized in a writing signed by both parties. This is the most serious classification for felonies and is reserved for the severest of crimes. (a) No person shall unlawfully commit a felony violation of 5-64-401 or You're all set! 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. Simultaneous possession of guns and drugs. The 47-year-old son of former Arkansas Gov. 5-74-106 - Simultaneous possession of drugs and firearms. The Arkansas Court of Appeals affirmed 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. case or situation. 418 N Main St. Nashville, Arkansas 71852 Contact us: 870-845-0600. Nothing is definite in this situation. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. That offense requires that there be a firearm as defined in section 5-1-102(6) a . 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. 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. This information is not intended to create, and receipt or viewing does not create, an attorney-client relationship. William Asa Hutchinson III, son of former Arkansas Gov. 4. 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. Any questions about the site can be addressed to John Collins at 501-603-9911. The email address cannot be subscribed. Even if it seems like a casual conversation, its entirely possible for you to further incriminate yourself by speaking about the situation. 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. The latest breaking updates, delivered straight to your email inbox. Heasserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. Simultaneous Possession Of Drugs and Firearms in Arkansas. 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. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County However, thats not the only defense that can be raised. Asa Hutchinsons son arrested again on DWI, drug, firearm charges, Zach Hager, keyholder at The Source dispensary in Rogers, driven to help others, Does Asa have a chance at the presidency? Any membership with an organization is simply to show affiliation and should not be considered an endorsement of their views or The To learn more about what options you may have, including possible case-specific defenses, contact our attorneys for a free consultation. 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. Court of Appeals of Arkansas Division III. 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.. JONESBORO, Ark. The younger Hutchinson has previous arrests on similar charges. On appeal, appellant argues that the findings made by the trial court are inconsistent. R. Crim. Class Y felonies are punishable 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. ANNABELLE CLINTON IMBER, Justice. 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 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. Court of Appeals of Arkansas, Division II. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony. Essentially, the law says that a person commits a crime when they have both drugs and a gun or other weapon on them. 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 the ability to help many people but there are times when we get calls outside our practice area. The arrest came after the Central Arkansas Drug Task Force (CADTF) received multiple complaints of a female selling ecstasy in White County. (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. 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. or viewing does not constitute, an attorney-client relationship. at (479) 235-4600. 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. Copyright 2023, Thomson Reuters. This information is not intended to create, and receipt 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. Subscribe to Justia's | Last updated March 26, 2008. You already receive all suggested Justia Opinion Summary Newsletters. ) THE SON OF FORMER ARKANSAS GOVERNOR 'ASA HUTCHINSON'-- HAS BEEN RELEASED FROM THE BENTON COUNTY JAIL AFTER BEING ARRESTED ON DRUG CHARGES. Remember that you dont have to say anything to law enforcement officials without a lawyer present. an indication of any specialized knowledge on the part of any firm members. The substance in the baggies was later confirmed, by the Arkansas State Crime Lab, to be 22.3763 grams of crack cocaine. Court of Appeals of Arkansas, Division III. 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. CR 96-473 Each case is different and what we may be able to do for you cannot be known until we look at all of the evidence. Interact directly with CaseMine users looking for advocates in your area of specialization. Simultaneous Possession Of Drugs and Firearms in Arkansas. Charges for offenses involving drugs are serious. 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. 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: 1997), a class Y felony, and three other drug-related offenses. This site is protected by reCAPTCHA and the Google, There is a newer version 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. 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