The relevant facts are not in dispute. Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation. court opinions. 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. William Asa Hutchinson III, son of former Arkansas Gov. This is not a one size fits all situation. If youre convicted of a crime involving drugs, youre likely to be facing hefty fines and years in prison. 5-74(1992); Sisk v. State, supra. If you have been charged with a drug crime in Northwest Arkansas, contactNorwood & Norwood, P.A. In the state of Arkansas, drug-related criminal charges are truly no joke. What Happens If You Get Caught with Drugs and a Gun in AR? 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. Nothing is definite in this situation. 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. A conviction can result in decades to life in prison. R. Crim. 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. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. In order to be charged with simultaneous possession in the state of Arkansas, the accused must have Supporting the Arkansas Times' independent journalism is more vital than ever. CACR11-716 The law does not require that the gun or weapon be displayed or used. There is no bond set at this time. 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. of (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 -- 5-64-442 while in possession of: (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. 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. 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. These sections of the Arkansas Code apply to various drug crimes, from simple possession to trafficking. What are the specifics of the Arkansas Simultaneous Possession law? Simultaneous Possession of Drugs and Firearms The latest breaking updates, delivered straight to your email inbox. Class Y felonies are punishable by 10 to 40 years or life in prison. 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. ANNABELLE CLINTON IMBER, Justice. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. SON OF Disclaimer: at (479) 235-4600. Simultaneous possession of drugs and firearms. This fact alone is something to take seriously with just a few bad decisions, you might end up with lifelong consequences. 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. This is the most serious classification for felonies and is reserved for the severest of crimes. Please support our mission with a subscription or contribution today. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony, which is the most serious classification for felonies in the state. 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. Am I definitely going to jail if I receive a simultaneous possession charge? 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. Simultaneous Possession Of Drugs and Firearms in Arkansas. Searcy Police Department along with the Central Arkansas Drug Task Force and White County Sheriff's Office conducted a drug bust. Winds SSW at 10 to 20 mph. Where appellee was convicted of simultaneous possession of drugs and a firearm, a Class Y felony, the trial court had no statutory authority to suspend imposition of part with numerous drug offenses and, following a bench trial, she was found guilty of simultaneous possession of drugs and a firearm, possession of drug paraphernalia, and possessionreconsider the sentence, arguing that Hardiman's conviction of simultaneous possession of drugs and a firearm constituted a Y felony, for which no part of a sentence may be suspended pursuant to A SENTENCING TRIAL COURT EXCEEDED STATUTORY AUTHORITY IN IMPOSING SUSPENDING SENTENCE. Former governor's son arrested on drug charges in Benton County, continuing the work that Dr King left for us." The substance in the baggies was later confirmed, by the Arkansas State Crime Lab, to be 22.3763 grams of crack cocaine. Chance of rain 90%. Our monthly magazine is free at over 500 locations in Central Arkansas. Asa Hutchinson is being held in the Benton County Jail on drug charges.Deputies with the Benton County Sheriff's Office arrested William Asa 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. 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. DEPUTIES WITH THE BENTON COUNTY SHERIFF'S OFFICE ARRESTED 47-YEAR- OLD 'WILLIAM ASA HUTCHINSON' ON FRIDA. Save up to 50% off on Le Creuset Cookware During the 2023 Winter Savings Event, What Is Amazon Warehouse? Asa Hutchinson is being held in the Benton County Jail on drug charges. A data geek charts it out. CR 96-473 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. 5-74-106(b) (Repl. If you have a problem we are unable to help you with we will happily refer you to another attorney or firm. Code Ann. 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. Or delivering less than 200 grams of a Schedule IV or V controlled substance is a Class D felony. Multiple drugs and guns were seized and five people on parole were arrested at three locations in El Dorado to kickstart 2023. CRIMINAL LAW SIMULTANEOUS POSSESSION OF DRUGS AND FIREARMS STATE NOT REQUIRED TO PROVE INVOLVEMENT IN CRIMINAL GANG ACTIVITY TRIAL The information on this website is for information only. What Is Simultaneous Possession of Drugs and Firearms? High 68F. Court of Appeals of Arkansas, Division III. 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. Class Y felonies are punishable No. If they get caught, the penalties and forfeitures are extremely harsh. *The case results on this website do not suggest that we will be able to do the same for you. 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. Your support has allowed us to double our newsroom in 2022 with even more editorial expansion plans in 2023. 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. You can explore additional available newsletters here. 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.". Read the full article. 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. (a) No person shall unlawfully commit a felony violation of 5-64-401 or 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. 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 Our newsroom is funded by more than 3,000 Arkansans who support us with contributions and digital subscriptions. Essentially, the law says that a person commits 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 and Endangering the Welfare of a Minor 1st degree. Copyright 2023, Thomson Reuters. (3). Specifically, Mr. House contends that the jury should ha REVERSED REMANDED. 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. However, being convicted of drug charges in conjunction with other charges can result in even more serious legal consequences in Arkansas. 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? Legal consequences in Arkansas being convicted of a crime involving drugs, youre likely be... Later confirmed, by the Arkansas simultaneous possession law simple possession to.. Our newsroom in 2022 with even more editorial expansion plans in 2023 or firm continuing the work Dr... A Gun in AR the simultaneous-possession charge what is Amazon Warehouse, to be 22.3763 grams of crack cocaine bad. 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