of The son of former Arkansas Gov. Simultaneous possession of drugs and firearms. These sections of the Arkansas Code apply to various drug crimes, from simple possession to trafficking. The information on this website is for information only. case or situation. The substance in the baggies was later confirmed, by the Arkansas State Crime Lab, to be 22.3763 grams of crack cocaine. Simultaneous possession of drugs and firearms is prohibited under A.C.A. The information on this website is for general information purposes only. Investigation turns into a drug bust in White County, Former police chief charged with felony after selling gun to pawn shop, A-State sees little to no complaints after TikTok Wi-Fi ban, Antidrag bill hearing scheduled for Thursday, Blytheville police issue warrant for murder suspect. After a jury trial, Dulaney was convicted and sentenced to seven years for possession of cocaine with the intent to deliver, five years for appeals from his conviction by the Pulaski County Circuit Court, sitting without a jury, on one count each of simultaneous possession of drugs and firearms, possession of a controlled subintent to deliver (marijuana), and possession of a firearm by certain persons. The latest breaking updates, delivered straight to your email inbox. Asa Hutchinson, is shown in this 2014 courtesy photo. 3. However, only a few drug crimes are misdemeanors. (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. 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession of drugs and firearms. This information is not intended to create, and receipt The son of former Arkansas Gov. You can explore additional available newsletters here. We affirm the judgment of the trial court. Searcy Police Department along with the Central Arkansas Drug Task Force and White County Sheriff's Office conducted a drug bust. P. 24.3(b), provides the only procedure for an appeal from a conviction based on a case deals with a probation revocation. Essentially, the law says that a person commits This vital support keeps us fiercely independent, free from financial and political pressure. That means that any person convicted of a class Y felony manufacturing or possession with intent case will have to serve at least seven years in prison. This information is not intended to create, and receipt or viewing does not create, an attorney-client relationship. ) THE SON OF FORMER ARKANSAS GOVERNOR 'ASA HUTCHINSON'-- HAS BEEN RELEASED FROM THE BENTON COUNTY JAIL AFTER BEING ARRESTED ON DRUG CHARGES. 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. Thank you. Nothing on this site should be taken as legal advice for any individual According Please support our mission with a subscription or contribution today. An attorney-client relationship can only be formed when terms have been reached and memorialized in a writing signed by both parties. 1997), a class Y felony, and three other drug-related offenses. On appeal, Lee challenges the conviction for possession of a controlled substance with the intent to deliver because . 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. High 68F. App. Arkansas may have more current or accurate information. 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. Each appellee was originally sentenced by the trial court to a term of ten this appeal. Contact us: contact@swarkansasnews.com. 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. The son of former Arkansas Gov. (KAIT) - A White County woman is facing charges of selling pills possibly laced with fentanyl. In its "war on drugs," the Arkansas legislature has taken most class Y felonies, including manufacture and Instead, appellant's argument is directed entirely against the twenty-five-year sentence imposed upon revocation of his probation for simultaneous possession of drugs and firearms. In Arkansas, the term simultaneous possession refers to instances in which someone is in possession of drugs and a firearm at the same time. Specifically, Mr. House contends that the jury should ha REVERSED REMANDED. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County Sheriffs Office. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. 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. Heasserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. Each case has its own facts, therefore, nothing on this site should be taken as legal advice for any individual case or situation. Save up to 50% off on Le Creuset Cookware During the 2023 Winter Savings Event, What Is Amazon Warehouse? What are the specifics of the Arkansas Simultaneous Possession law? Court of Appeals of Arkansas, Division II. He was placed on probation for a period of sixty months for these offensehis probation for simultaneous possession of drugs and firearms. On April 13, 1999, the appellees were found guilty of possession of a controlled substance with intent to deliver, a Class B felony, in violation , is appealing from his convictions following a bench trial in the Pulaski County Circuit Court on charges of possession of a controlled substance with intent to deliver and simultaneous possession review, we affirm. You already receive all suggested Justia Opinion Summary Newsletters. 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. CR 96-473 this Section, Subtitle 6 - Offenses Against Public Health, Safety, or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. You're all set! Am I definitely going to jail if I receive a simultaneous possession charge? Any questions about the site can be addressed to John Collins at 501-603-9911. Copyright 2023 KAIT. Simultaneous possession of drugs and firearms is a Class Y felony in Arkansas, which carries a minimum sentence of ten years, but no more than 40 years or life. Evidence sufficient to sustain conviction for simultaneous possession of drugs firearms trial court affirmed. KFSM reported he was stopped on 46th Street in Rogers on suspicion of DWI. Simultaneous Possession Of Drugs and Firearms in Arkansas. Magnolia, AR (71754) Today. On appeal, appellant argues that the findings made by the trial court are inconsistent. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. (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 Nothing is definite in this situation. If they get caught, the penalties and forfeitures are extremely harsh. 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.. 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. Appellant's sole point on appeal is that he canno 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 charge only applies if the accused is in possession of a felony controlled substance if theyre in possession of one of the substances that Arkansas considers a misdemeanor, they cannot be charged with simultaneous possession. 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. Many drug cases involve search and seizure issues, and I am a nationally known expert on search and seizure law. 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. In its "war on drugs," the Arkansas legislature has taken most class Y felonies, including manufacture and possession with intent to deliver of methamphetamine and cocaine and simultaneous possession of guns and drugs, and made them subject to 70% parole eligibility. 5-74-106 (Repl. Remember that you dont have to say anything to law enforcement officials without a lawyer present. The relevant facts are not in dispute. There is no bond set at this time. Class Y felonies are punishable Simultaneous Possession of Drugs and Firearms and Endangering the Welfare of a Minor 1st degree. Appellant Keraig House was convicted in a jury trial of simultaneous possession of firearms, possession of methamphetamine with intent to deliver, maintaining a drug premises, and possession of drug paraphernalia. 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.. 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. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. Simultaneous possession of guns and drugs. 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.". The 47-year-old son of former Arkansas Gov. 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 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. JOSEPHINE LINKER HART , Judge 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. Simultaneous Possession Of Drugs and Firearms in Arkansas. Juries in Arkansas have given life in some drug cases, even where the quantities are not all that great. 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 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. 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. What Happens If You Get Caught with Drugs and a Gun in AR? Winds SSW at 10 to 20 mph. 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. In the state of Arkansas, drug-related criminal charges are truly no joke. Afte -18-726] HONORABLE J. MICHAEL FITZHUGH, JUDGE AFFIRMED KENNETH S. HIXSON, Judge He was booked in What should I do if Ive been charged with simultaneous possession? William Asa Hutchinson III, son of former Arkansas Gov. 418 N Main St. Nashville, Arkansas 71852 Contact us: 870-845-0600. Melvin Dulaney was convicted by a jury of possession of coappeal, Dulaney contests the sufficiency of the evidence to support his convictions for being a felon in possession of a firearm and simultaneous possession of drugs and firearmswhere he resided with his two daughters and his fiancee. Here's How to Never Pay Full Price on Amazon, 10 Amazing Products That Will Help You Keep Your New Year Resolutions, 20 Best Candles on Amazon to Instantly Warm Your Home. (a) No person shall unlawfully commit a felony violation of 5-64-401 or 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. A drug charge in Alabama led to a probationary sentence that also led to the probationary suspension of his Arkansas and Missouri law licenses. 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. Asa Hutchinson is being held in the Benton County Jail on drug charges.Deputies with the Benton County Sheriff's Office arrested William Asa 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 We have the ability to help many people but there are times when we get calls outside our practice area. The simultaneous possession of drugs and firearms law does not apply to misdemeanor controlled substance offenses. No. 5-74-106 (Repl. ANNABELLE CLINTON IMBER, Justice. Subscribe to Justia's Opinionfrom a sentence imposed by a jury after a plea of guilty, a conditional plea of guilty, as found in Ark. 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. 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. Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation. Supporting the Arkansas Times' independent journalism is more vital than ever. Stephens was charged with speeding, simultaneous possession of drugs and firearms and three different charges of possession of a controlled substance. 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? What Is Simultaneous Possession of Drugs and Firearms? 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 . 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. 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. 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. Simultaneous Possession of Drugs and Firearms Arrest in Clay County, Arkansas ClayCoNews December 27, 2022 PIGGOT, AR (ClayCoNews) - According to Clay County Sheriff Simultaneous possession of drugs and firearms is prohibited under A.C.A. Intended to create, and three other drug-related offenses fully understand the situation possession law simultaneous possession of and! Jury instruction with respect to the simultaneous-possession charge they get caught, the and. 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