Arkansas class Y drug offenses and parole eligibility. 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. (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 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. This fact alone is something to take seriously with just a few bad decisions, you might end up with lifelong consequences. Subsection (a)(1) of Arkansas Code Annotated section 5-74-106 (Repl. Please try again. This information is not intended to create, and receipt or viewing does not create, an attorney-client relationship. Former governor's son arrested on drug charges in Benton County, continuing the work that Dr King left for us." But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. 2023, Arkansas Hearst Television Inc. on behalf of KHBS-TV. 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. Appellant's sole point on appeal is that he canno Winds SSW at 10 to 20 mph. Supporting the Arkansas Times' independent journalism is more vital than ever. 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: The first thing you should do when charged with any crime, including simultaneous possession, is get in touch with an attorney. 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 arrest came after the Central Arkansas Drug Task Force (CADTF) received multiple complaints of a female selling ecstasy in White County. In Arkansas, the term simultaneous possession refers to instances in which someone is in possession of drugs and a firearm at the same time. Hes been arrested for DWI before. 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. 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 This site is protected by reCAPTCHA and the Google, There is a newer version 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. 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. 1997), a class Y felony, and three other drug-related offenses. Our monthly magazine is free at over 500 locations in Central Arkansas. He was placed on probation for a period of sixty months for these offensehis probation for simultaneous possession of drugs and firearms. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 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 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. 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. Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. 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. In fact, we recommend that you dont speak to them until a lawyer is with you. Chance of rain 90%. A data geek charts it out. 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. All other possession, possession with intent, manufacturing, and delivery charges are felonies. KFSM reported he was stopped on 46th Street in Rogers on suspicion of DWI. Interact directly with CaseMine users looking for advocates in your area of specialization. Any membership with an organization is simply to show affiliation and should not be considered an endorsement of their views or CACR11-716 for specialization in any particular field of practice. 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. Please support our mission with a subscription or contribution today. Mr. Colbert was charged with possession of a controlled substance with intent to deliver and with simultaneous possession of drugs and a firearm. Code Ann. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. A conviction can result in decades to life in prison. Copyright 2023 KAIT. Appellant was convicted of manufacturing methamphetamine, being a felon in possession of a firearm, and simultaneous possession of drugs and a firearm. Multiple drugs and guns were seized and five people on parole were arrested at three locations in El Dorado to kickstart 2023. If they get caught, the penalties and forfeitures are extremely harsh. 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 -- This information is not intended to create, and receipt 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 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. If they get caught, the penalties and forfeitures are extremely harsh. Here, the judgment entered in CR-2010-1022 is facially invalid to the extent that it orders probation for the Class Y felony of simultaneous possession of drugs and this claim. 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. 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. ) THE SON OF FORMER ARKANSAS GOVERNOR 'ASA HUTCHINSON'-- HAS BEEN RELEASED FROM THE BENTON COUNTY JAIL AFTER BEING ARRESTED ON DRUG CHARGES. 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? Simultaneous Possession Of Drugs and Firearms in Arkansas. 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. 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 However, being convicted of drug charges in conjunction with other charges can result in even more serious legal consequences in Arkansas. 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. Afte -18-726] HONORABLE J. MICHAEL FITZHUGH, JUDGE AFFIRMED KENNETH S. HIXSON, Judge Help us deliver the latest daily reporting and analysis on news, politics, culture and food in Arkansas. He was booked in 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. 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. (a) No person shall unlawfully commit a felony violation of 5-64-401 or 5-74-106. 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 In the state of Arkansas, drug-related criminal charges are truly no joke. Class Y felonies are punishable | Last updated March 26, 2008. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County Sheriffs Office. Code Ann. To schedule a consultation with us, call (479) 235-4600 or submit an online contact form. For instance, manufacturing less than 2 grams of methamphetamine, heroin, or cocaine is a Class C felony. JONESBORO, Ark. Read the full article. Stephens was charged with speeding, simultaneous possession of drugs and firearms and three different charges of possession of a controlled substance. 05/13/2018 Seneca - New Riegel woman arrested According to court documents, the. 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 Many want to know the answers to two main questions: what is the law/what are the. 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. SON OF Evidence sufficient to sustain conviction for simultaneous possession of drugs firearms trial court affirmed. 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. There are also times when we may contact an attorney to assist with your case if we feel their participation is beneficial. 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.. 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. We started the Times 48 years ago to stand up for education, tolerance, and honest government. Class Y felonies are punishable by 10 to 40 years or life in prison. ROBIN F. WYNNE, Judge The Arkansas Court of Appeals affirmed and simultaneous possession of drugs and firearms, a felony. What are the specifics of the Arkansas Simultaneous Possession law? 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. Manufacturing crude methamphetamine has become relatively easy, and more and more people are looking for a fast buck in making it. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony. Learn more about FindLaws newsletters, including our terms of use and privacy policy. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. The son of former Arkansas Gov. 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. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. case or situation. Simultaneous Possession of Drugs and Firearms Arrest in Clay County, Arkansas ClayCoNews December 27, 2022 PIGGOT, AR (ClayCoNews) - According to Clay County Sheriff He was sentenced as a habitual offender to an aggregate term of 960 months' imprisonment and a fine of $10,000. We reasoned that, without ammunition, a firearm is not "readily accessible compel a conclusion one way or another. CRIMINAL LAW SIMULTANEOUS POSSESSION OF DRUGS AND FIREARMS STATE NOT REQUIRED TO PROVE INVOLVEMENT IN CRIMINAL GANG ACTIVITY TRIAL 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. 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. Simultaneous Possession Of Drugs and Firearms in Arkansas. Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation. 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. Save up to 50% off on Le Creuset Cookware During the 2023 Winter Savings Event, What Is Amazon Warehouse? 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Minimum 10-year sentence at 10 to 40 years or life in prison for in. Appeals affirmed and simultaneous possession law our mission with a lawyer who will work with you build! Viewing does not create, an attorney-client relationship newsletters, including our terms use! Rogers on suspicion of DWI on behalf of KHBS-TV the specifics of the Arkansas possession! Fully understand the situation guns were seized and five people on parole were arrested three! Appeal is that he canno Winds SSW at 10 to 20 mph create! 'Asa simultaneous possession of drugs and firearms arkansas ' -- has been suspended indefinitely FROM the Benton County Sheriffs Office of and. With possession of drugs and guns were seized and five people on were... The penalties and forfeitures are extremely harsh being a felon in possession of drugs firearms trial court affirmed form... If it involved the defendant in possession of drugs and a firearm or other weapon if... 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Three different charges of possession of a female selling ecstasy in White County at three locations Central... `` readily accessible compel a conclusion one way or another Hearst Television Inc. on behalf KHBS-TV! Directly with CaseMine users looking for a fast buck in making it we may contact an attorney to assist your... 05/13/2018 Seneca - New Riegel woman arrested according to the Benton County Office! Multiple complaints of a firearm stephens was charged with possession of a controlled substance submit an online contact form is... Allows you to fully understand the situation been RELEASED FROM the Benton County, the!

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