A drug charge in Alabama led to a probationary sentence that also led to the probationary suspension of his Arkansas and Missouri law licenses. 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. For instance, manufacturing less than 2 grams of methamphetamine, heroin, or cocaine is a Class C felony. Subsection (a)(1) of Arkansas Code Annotated section 5-74-106 (Repl. "No bond has been set. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Code Ann. However, being convicted of drug charges in conjunction with other charges can result in even more serious legal consequences in Arkansas. AFFIRMED 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. According 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. of But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. You can do it for as little as $1. 5-64-419 through 5-64-442. DEPUTIES WITH THE BENTON COUNTY SHERIFF'S OFFICE ARRESTED 47-YEAR- OLD 'WILLIAM ASA HUTCHINSON' ON FRIDA. Read the full article. All other possession, possession with intent, manufacturing, and delivery charges are felonies. His sentence simultaneous possession of drugs and a firearm and affirm in all other respects. Please support our mission with a subscription or contribution today. We have the ability to help many people but there are times when we get calls outside our practice area. If they get caught, the penalties and forfeitures are extremely harsh. All rights reserved. for specialization in any particular field of practice. 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. He was booked in In the state of Arkansas, drug-related criminal charges are truly no joke. To schedule a consultation with us, call (479) 235-4600 or submit an online contact form. Asa Hutchinson, is shown in this 2014 courtesy photo. In fact, we recommend that you dont speak to them until a lawyer is with you. Afte -18-726] HONORABLE J. MICHAEL FITZHUGH, JUDGE AFFIRMED KENNETH S. HIXSON, Judge If you have a problem we are unable to help you with we will happily refer you to another attorney or firm. Supreme Court of Arkansas 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. (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. Copyright 2023, Thomson Reuters. 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 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 In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony, which is the most serious classification for felonies in the state. On April 23, 2001, the trial court Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. Nothing on this site should be taken as legal advice for any individual Simultaneous Possession of Drugs and Firearms A person with drugs and a gun or other weapon on them is assumed to have intended to further an offense like drug trafficking or commit a crime against a person. This vital support keeps us fiercely independent, free from financial and political pressure. 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. Or delivering less than 200 grams of a Schedule IV or V controlled substance is a Class D felony. 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. 2023, Arkansas Hearst Television Inc. on behalf of KHBS-TV. 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 William Asa Hutchinson III, son of former Arkansas Gov. 5-74-106. 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 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. If youre convicted of a crime involving drugs, youre likely to be facing hefty fines and years in prison. 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. 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. Copyright 2023 KAIT. What are the specifics of the Arkansas Simultaneous Possession law? What Is Simultaneous Possession of Drugs and Firearms? What are the specifics of the Arkansas Simultaneous Possession law? ROBIN F. WYNNE, Judge 1997), a class Y felony, and three other drug-related offenses. SON OF Magnolia, AR (71754) Today. 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 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. (b) Any person who violates this section is guilty of a Class Y 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. Heasserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. Lavelle EVANS, Petitioner v. STATE of Arkansas, Respondent 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 . Hes been arrested for DWI before. child bait The relevant facts are not in dispute. Stay up-to-date with how the law affects your life. They can let you know your options and develop a legal strategy for your unique situation. featuring summaries of federal and state Simultaneous Possession of Drugs and Firearms and Endangering the Welfare of a Minor 1st degree. 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. High 68F. To learn more about what options you may have, including possible case-specific defenses, contact our attorneys for a free consultation. JOSEPHINE LINKER HART , Judge 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. | Last updated March 26, 2008. These sections of the Arkansas Code apply to various drug crimes, from simple possession to trafficking. Simultaneous possession of drugs and firearms. Class Y felonies are punishable by 10 to 40 years or life in prison. The 47-year-old son of former Arkansas Gov. 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. As we mentioned above, those in possession of drugs considered misdemeanor violations cant be charged with simultaneous possession. The first thing you should do when charged with any crime, including simultaneous possession, is get in touch with an attorney. 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. (3). CA CR 07-276 Ark. CR 96-473 Manufacturing crude methamphetamine has become relatively easy, and more and more people are looking for a fast buck in making it. Simultaneous Possession Of Drugs and Firearms in Arkansas. 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. This is not a one size fits all situation. The email address cannot be subscribed. In Arkansas, though, it is not just actual possession that will get you in trouble; there is a concept known as constructive possession that courts will apply to find that the weapon, although not physically possessed by the Defendant, was still possessed by him. Supporting the Arkansas Times' independent journalism is more vital than ever. There is also a ten year mandatory minimum up to a maximum of life imprisonment for class Y felonies. Thank you. 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. 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.. court opinions. No! An attorney-client relationship can only be formed when terms have been reached and memorialized in a writing signed by both parties. One of the most common defenses is simply that the weapon found was not the Defendants. The information on this website is for information only. The reason that the potential penalties for simultaneous possession are so high is likely because of what the offense suggests. Save up to 50% off on Le Creuset Cookware During the 2023 Winter Savings Event, What Is Amazon Warehouse? In order to be charged with simultaneous possession in the state of Arkansas, the accused must have 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. 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 However, thats not the only defense that can be raised. 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. No. 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. Evidence sufficient to sustain conviction for simultaneous possession of drugs firearms trial court affirmed. Many want to know the answers to two main questions: what is the law/what are the. Specifically, Mr. House contends that the jury should ha REVERSED REMANDED. R. Crim. Appellant was convicted of manufacturing methamphetamine, being a felon in possession of a firearm, and simultaneous possession of drugs and a firearm. 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