5-74(1992); Sisk v. State, supra. of In fact, we recommend that you dont speak to them until a lawyer is with you. CRIMINAL LAW SIMULTANEOUS POSSESSION OF DRUGS AND FIREARMS STATE NOT REQUIRED TO PROVE INVOLVEMENT IN CRIMINAL GANG ACTIVITY TRIAL You already receive all suggested Justia Opinion Summary Newsletters. 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. Court of Appeals of Arkansas, Division II. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. REVERSED AND DISMISSED Contact us. | Last updated March 26, 2008. 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. Evidence sufficient to sustain conviction for simultaneous possession of drugs firearms trial court affirmed. 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. He also faces federal sentencing Feb. 3 on bribery and tax fraud charges. (b) Any person who violates this section is guilty of a Class Y felony. To schedule a consultation with us, call (479) 235-4600 or submit an online contact form. Simultaneous possession of drugs and firearms. Simply being in possession of it at the same time as being in control of drugs is criminal. ARKANSAS COURT OF APPEALS DIVISION II This is not a one size fits all situation. 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 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. The information on this website is for information only. One of the most common defenses is simply that the weapon found was not the Defendants. In fact, of the 20 or so statutes the simultaneous possession applies to, 8 of them can be charged as misdemeanors. 2 counts simultaneous possession of drugs and firearms, 2 What is the current law in Arkansas dealing with possession of drugs and firearms at the same time? Cases cited for the legal proposition you have searched for. SON OF 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. Former governor's son arrested on drug charges in Benton County, continuing the work that Dr King left for us." The Arkansas Court of Appeals affirmed What Is 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. 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: (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. The latest breaking updates, delivered straight to your email inbox. 5-74-106 (Repl. Charges for offenses involving drugs are serious. Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. Asa Hutchinson is being held in the Benton County Jail on drug charges.Deputies with the Benton County Sheriff's Office arrested William Asa In these cases, additional charges and penalties can be imposed, and they are not light punishments. Charles Edward Ray pleaded guilty to, and was convicted of, simultaneous possession of drugs and a firearm, Ark. No. Simultaneous Possession of Drugs and Firearms This vital support keeps us fiercely independent, free from financial and political pressure. What Happens If You Get Caught with Drugs and a Gun in AR? Afte -18-726] HONORABLE J. MICHAEL FITZHUGH, JUDGE AFFIRMED KENNETH S. HIXSON, Judge This information is not intended to create, and receipt or viewing does not create, an attorney-client relationship. The Deputies with the Benton County Sheriff's Office arrested William Asa Hutchinson III, 47, Friday on several charges. Please support our mission with a subscription or contribution today. His sentence simultaneous possession of drugs and a firearm and affirm in all other respects. Code Ann. No! (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. 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. (a) No person shall unlawfully commit a felony violation of 5-64-401 or Stephens was charged with speeding, simultaneous possession of drugs and firearms and three different charges of possession of a controlled substance. A conviction can result in decades to life in prison. 5-74-106. Our newsroom is funded by more than 3,000 Arkansans who support us with contributions and digital subscriptions. Simultaneous Possession of Drugs and Firearms Arrest in Clay County, Arkansas ClayCoNews December 27, 2022 PIGGOT, AR (ClayCoNews) - According to Clay County Sheriff If youve been charged with a drug-related crime, its time to. 418 N Main St. Nashville, Arkansas 71852 Contact us: 870-845-0600. 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 -- Founded 1974, the Arkansas Times is a lively, opinionated He was sentenced as a habitual offender to an aggregate term of 960 months' imprisonment and a fine of $10,000. Chance of rain 90%. 5-74-106. Stay up-to-date with how the law affects your life. Supreme Court of Arkansas 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. The son of former Arkansas Gov. Our Northwest Arkansas team has over 100 years of combined experience and a track record of results. 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. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. However, thats not the only defense that can be raised. 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. What should I do if Ive been charged with simultaneous possession? The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. 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 . As we mentioned above, those in possession of drugs considered misdemeanor violations cant be charged with simultaneous possession. Any membership with an organization is simply to show affiliation and should not be considered an endorsement of their views or Each appellee was originally sentenced by the trial court to a term of ten this appeal. This fact alone is something to take seriously with just a few bad decisions, you might end up with lifelong consequences. The 47-year-old son of former Arkansas Gov. We reasoned that, without ammunition, a firearm is not "readily accessible compel a conclusion one way or another. The arrest came after the Central Arkansas Drug Task Force (CADTF) received multiple complaints of a female selling ecstasy in White County. Appellant was convicted of manufacturing methamphetamine, being a felon in possession of a firearm, and simultaneous possession of drugs and a firearm. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. We affirm the judgment of the trial court. Sign up for our free summaries and get the latest delivered directly to you. 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. 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. 5-74-106. The reason that the potential penalties for simultaneous possession are so high is likely because of what the offense suggests. 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. Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. 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. He was placed on probation for a period of sixty months for these offensehis probation for simultaneous possession of drugs and firearms. This is the most serious classification for felonies and is reserved for the severest of crimes. Mr. Colbert was charged with possession of a controlled substance with intent to deliver and with simultaneous possession of drugs and a firearm. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony, which is the most serious classification for felonies in the state. There are also times when we may contact an attorney to assist with your case if we feel their participation is beneficial. Or delivering less than 200 grams of a Schedule IV or V controlled substance is a Class D felony. 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. 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. 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. All rights reserved. In order to be charged with simultaneous possession in the state of Arkansas, the accused must have committed a felony violation of Arkansass drug laws in addition to being in possession of a firearm or another weapon that could be used to inflict serious injury or death. If youre convicted of a crime involving drugs, youre likely to be facing hefty fines and years in prison. Jonathan Greenway, 33, of 1150 Elway Drive in Springdale, was arrested Monday in connection with possession of a controlled substance and simultaneous possession of drugs and firearm. 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. The 47-year-old son of former Arkansas Gov. Our monthly magazine is free at over 500 locations in Central Arkansas. Winds SSW at 10 to 20 mph. 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. You're all set! In its "war on drugs," the Arkansas legislature has taken most class Y felonies, including manufacture and 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 case results on this website do not suggest that we will be able to do the same for you. this Section, Subtitle 6 - Offenses Against Public Health, Safety, or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. Please try again. 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 Once your legal counsel has obtained a full grasp on exactly what happened, theyll be able to help you come up with a defense. JOSEPHINE LINKER HART , Judge Simultaneous possession of drugs and firearms is prohibited under A.C.A. 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. Most serious classification for felonies and is reserved for the legal proposition you searched... 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