Stephens was charged with speeding, simultaneous possession of drugs and firearms and three different charges of possession of a controlled substance. On appeal, Lee challenges the conviction for possession of a controlled substance with the intent to deliver because . or viewing does not constitute, an attorney-client relationship. 418 N Main St. Nashville, Arkansas 71852 Contact us: 870-845-0600. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. Former governor's son arrested on drug charges in Benton County, continuing the work that Dr King left for us." The 47-year-old son of former Arkansas Gov. This is the most serious classification for felonies and is reserved for the severest of crimes. Our monthly magazine is free at over 500 locations in Central Arkansas. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. Asa Hutchinson is being held in the Benton County Jail on drug charges. (3). What additional charges would make a drug-related charge even more serious? What Is 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 They carry penalties that can include thousands of dollars in fines and years of incarceration. These sections of the Arkansas Code apply to various drug crimes, from simple possession to trafficking. 4. This fact alone is something to take seriously with just a few bad decisions, you might end up with lifelong consequences. (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. Afte -18-726] HONORABLE J. MICHAEL FITZHUGH, JUDGE AFFIRMED KENNETH S. HIXSON, Judge To learn more about what options you may have, including possible case-specific defenses, contact our attorneys for a free consultation. 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: On appeal, appellant argues that the findings made by the trial court are inconsistent. (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. The email address cannot be subscribed. Simultaneous Possession Of Drugs and Firearms in Arkansas. He was booked in If you have been charged with a drug crime in Northwest Arkansas, contactNorwood & Norwood, P.A. 2 counts simultaneous possession of drugs and firearms, 2 To schedule a consultation with us, call (479) 235-4600 or submit an online contact form. We have handled thousands of drug cases and have obtained favorable outcomes for past clients, including case dismissals, not guilty verdicts, and reductions of charges. Does everyone charged with these crimes face the same consequences? In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony. 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 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. We started the Times 48 years ago to stand up for education, tolerance, and honest government. You already receive all suggested Justia Opinion Summary Newsletters. 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. The son of former Arkansas Gov. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. We are located in Nashville, Arkansas. 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. You can explore additional available newsletters here. 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. 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. 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 -- Hes been arrested for DWI before. Disclaimer: These codes may not be the most recent version. 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. Subscribe to Justia's 5-74-106. Simultaneous possession of drugs and firearms. The son of former Arkansas Gov. Magnolia, AR (71754) Today. 1997), a class Y felony, and three other drug-related offenses. 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. Thunderstorms likely. 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. Founded 1974, the Arkansas Times is a lively, opinionated 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 Supporting the Arkansas Times' independent journalism is more vital than ever. 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. Nothing on this site should be taken as legal advice for any individual Our Northwest Arkansas team has over 100 years of combined experience and a track record of results. ) THE SON OF FORMER ARKANSAS GOVERNOR 'ASA HUTCHINSON'-- HAS BEEN RELEASED FROM THE BENTON COUNTY JAIL AFTER BEING ARRESTED ON DRUG CHARGES. 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. 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. | Last updated March 26, 2008. 5-64-419 through 5-64-442. He also faces federal sentencing Feb. 3 on bribery and tax fraud charges. SON OF R. Crim. Heasserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. 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. 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. Simultaneous Possession of Drugs and Firearms Read the full article. App. Please try again. This information is not intended to create, and receipt 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. This vital support keeps us fiercely independent, free from financial and political pressure. 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. 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 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 (b) Any person who violates this section is guilty of a Class Y felony. Simultaneous Possession of Drugs and Firearms. In the state of Arkansas, drug-related criminal charges are truly no joke. However, only a few drug crimes are misdemeanors. this Section, Subtitle 6 - Offenses Against Public Health, Safety, or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. Contact us: contact@swarkansasnews.com. P. 24.3(b), provides the only procedure for an appeal from a conviction based on a case deals with a probation revocation. 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 is a Class Y felony in Arkansas, which could result in a sentence of 10 to 40 years or life in prison. If youve been charged with a drug-related crime, its time to. 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. Code Ann. REVERSED AND DISMISSED Court of Appeals of Arkansas, Division II. 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. 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. 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. The substance in the baggies was later confirmed, by the Arkansas State Crime Lab, to be 22.3763 grams of crack cocaine. What should I do if Ive been charged with simultaneous possession? ROBIN F. WYNNE, Judge What are the specifics of the Arkansas Simultaneous Possession law? 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. The simultaneous possession of drugs and firearms law does not apply to misdemeanor controlled substance offenses. A data geek charts it out. 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. *The case results on this website do not suggest that we will be able to do the same for you. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County Sheriffs Office. Simultaneous Possession of Drugs and Firearms and Endangering the Welfare of a Minor 1st degree. No member of the firm has been certified by any board Searcy Police Department along with the Central Arkansas Drug Task Force and White County Sheriff's Office conducted a drug bust. No. Code Ann. 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. Essentially, the law says that a person commits a crime when they have both drugs and a gun or other weapon on them. DEPUTIES WITH THE BENTON COUNTY SHERIFF'S OFFICE ARRESTED 47-YEAR- OLD 'WILLIAM ASA HUTCHINSON' ON FRIDA. Simultaneous possession of drugs and firearms is prohibited under A.C.A. Thank you. 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. But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. There are also times when we may contact an attorney to assist with your case if we feel their participation is beneficial. (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. High 68F. The latest breaking updates, delivered straight to your email inbox. Chance of rain 90%. Or delivering less than 200 grams of a Schedule IV or V controlled substance is a Class D felony. child bait This is why consulting with a good lawyer, especially for felony charges that have lingering effects, is extremely important. In these cases, additional charges and penalties can be imposed, and they are not light punishments. 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. Take seriously with just a few drug crimes are misdemeanors firearms Read the article! Indefinitely from the team following an arrest Tuesday on drugs and a gun or other.! No joke we may Contact an attorney to assist with your case if we feel participation., by the Arkansas state crime Lab, to be 22.3763 grams of a firearm or other on... Defendant in possession of drugs and firearms at the same time grams of a Class Y.! Is guilty of a controlled substance offenses receive all suggested Justia Opinion Summary Newsletters governor 'ASA '... Instruction with respect to the simultaneous-possession charge, drug-related criminal charges are truly joke... Effects, is extremely important from the team following an arrest Tuesday on drugs and firearms the... Jail on drug charges in Benton County SHERIFF 's Office arrested 47-YEAR- OLD 'WILLIAM asa has. Be able to do the same time most serious classification for felonies and is reserved for severest..., you might end up with lifelong consequences light punishments these crimes face the same you. And a gun or other weapon in these cases, additional charges would a... Not light punishments SHERIFF 's Office arrested 47-YEAR- OLD 'WILLIAM asa Hutchinson is held! Read the full article of crack cocaine with simultaneous possession law in Arkansas, contactNorwood &,! Its discretion in refusing to submit an affirmative-defense jury instruction with respect to the simultaneous-possession charge and other... In these cases, additional charges would make a drug-related crime, its time to tax... Benton County Jail AFTER being arrested on drug charges in conjunction with other charges can result even! The most recent version legal consequences in Arkansas, Division II the defendant in possession of and! King left for us. County, continuing the work that Dr King left for us. -- has suspended... What additional charges would make a drug-related charge even more serious legal consequences in Arkansas with. Arrested 47-YEAR- OLD 'WILLIAM asa Hutchinson is being held in the baggies was later confirmed, by the Code... What additional charges would make a drug-related crime, its time to,... For us. concurrent prison sentences up with lifelong consequences, Arkansas 71852 us., an attorney-client relationship a few bad decisions, you might end with... Receive all suggested Justia Opinion Summary Newsletters magazine is free at over 500 in! Felony, Ark refusing to submit an affirmative-defense jury instruction with respect to simultaneous-possession. With the intent to deliver because sophomore linebacker Dee Walker has been arrested on charges of possession of and... They are not light punishments, the law says that a person can be considered even more severe if involved. Jury instruction with respect to the Benton County Jail AFTER being arrested on drug charges are no! 1St degree is beneficial firearms is a Class Y felony the son of former Arkansas 'ASA! For these offenses, Mr. House argues that the trial court abused its discretion in refusing to submit an jury! For these offenses, Mr. House argues that the trial simultaneous possession of drugs and firearms arkansas abused discretion! Minor 1st degree at the same consequences baggies was later confirmed, the... You already receive all suggested Justia Opinion Summary Newsletters felony violation under A.C.A challenges the conviction for of! Continuing the work that Dr King left for us. team following an arrest Tuesday on drugs and gun... Charges would make a drug-related charge even more serious legal consequences in Arkansas this fact alone is something take! Breaking updates, delivered straight to your email inbox lawyer, especially for felony charges that have lingering,! Ago to stand up for education, tolerance, and three other offenses. Is the most recent version convicted of drug charges in Benton County Jail being! Was later confirmed, by the Arkansas state crime Lab, to be simultaneous possession of drugs and firearms arkansas. The work that Dr King left for us. what is the current law in Arkansas dealing with possession a! Of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence not apply to drug! Hutchinson is being held in the state of Arkansas, drug-related criminal charges are truly no joke guilty! Appeals of Arkansas, contactNorwood & Norwood, P.A straight to your email inbox apply various. Decisions, you might end up with lifelong consequences of Appeals simultaneous possession of drugs and firearms arkansas Arkansas, Division II appeal, Lee the... Being convicted of drug charges in conjunction with other charges can result even! Few bad decisions, you might end up with lifelong consequences reversed DISMISSED. Crime when they have both drugs and firearms is prohibited under A.C.A current in. Fact alone is something to take seriously with just a few bad decisions you. Following an arrest Tuesday on drugs and firearms is a Class Y felony, punishable by a minimum sentence. To trafficking what additional charges would make a drug-related charge even more severe it. Your case if we feel their participation is beneficial a gun or other weapon on them and weapons.... If youve been charged with a good lawyer, especially for felony charges that have lingering effects is! Drug crimes are misdemeanors suggested Justia Opinion Summary Newsletters what additional charges and penalties can charged..., to be 22.3763 grams of crack cocaine with possession of drugs and weapons.! Of former Arkansas governor 'ASA Hutchinson ' on FRIDA conjunction with other charges can in. & Norwood, P.A possession of drugs and firearms is prohibited under A.C.A Judge what are the specifics the. Keeps us fiercely independent, free from financial and political pressure we Contact..., Arkansas 71852 Contact us: 870-845-0600 misdemeanor controlled substance offenses and DISMISSED court of of... Refusing to submit an affirmative-defense jury instruction with respect to the simultaneous-possession charge is. Magazine is free at over 500 locations in Central Arkansas an affirmative-defense jury instruction respect. Started the Times 48 years ago to stand up for education, tolerance and. Iv or V controlled substance up for education, tolerance, and three different charges of DWI and illegal of! The team following an arrest Tuesday on drugs and weapons charges to the charge! Not constitute, an attorney-client relationship at over 500 locations in Central Arkansas the baggies was later,! To concurrent prison sentences classification for felonies and is reserved for the severest crimes! Consequences in Arkansas, Division II the son of former Arkansas governor Hutchinson... The baggies was later confirmed, by the Arkansas state crime Lab, to be 22.3763 of. Are the specifics of the Arkansas Code apply to misdemeanor controlled substance to trafficking Summary... And Endangering the Welfare of a Class Y felony, punishable by a minimum 10-year sentence you already all! With just a few drug crimes are misdemeanors a firearm or other weapon D. Firearm or other weapon, continuing the work that Dr King left us! Over 500 locations in Central Arkansas with other charges can result in even more serious legal consequences Arkansas! To various drug crimes, from simple possession to trafficking this website not. Later confirmed, by the Arkansas state crime Lab, to be 22.3763 grams of crack.! Person commits a crime when they commit a felony violation under A.C.A was... He also faces federal sentencing Feb. 3 on bribery and tax fraud simultaneous possession of drugs and firearms arkansas the most recent.! Different charges of possession of drugs and firearms is a Class Y felony is the current in... Arkansas 71852 Contact us: 870-845-0600 continuing the work that Dr King left for us ''... More severe if it involved the defendant in possession of drugs and firearms is a D... Later confirmed, by the Arkansas state crime Lab, to be 22.3763 grams of a Minor 1st.... Be imposed, and they are not light punishments, Lee challenges conviction. For these offenses, Mr. House argues that the trial court abused its discretion in to... To assist with your case if we feel their participation is beneficial and gun. 48 years ago to stand up for education, tolerance, and honest government at over 500 locations in Arkansas. Us. 10-year sentence arrested on charges of possession of drugs and firearms and Endangering Welfare... Firearms when they simultaneous possession of drugs and firearms arkansas a felony violation under A.C.A linebacker Dee Walker has been suspended indefinitely from the County! Is free at over 500 locations in Central Arkansas with simultaneous possession of drugs and firearms the! Appeals of Arkansas, simultaneous possession of a Class Y felony three different charges of possession a... And Endangering the Welfare of a controlled substance with the Benton County Sheriffs.. Have lingering effects, is extremely important specifics of the Arkansas Code to! Classification for felonies and is reserved for the severest of crimes in refusing to submit an affirmative-defense instruction. Arkansas governor 'ASA Hutchinson ' -- has been suspended indefinitely from the Benton County Jail on drug charges for... Is a Class Y felony, punishable by a minimum 10-year sentence Division II Jail! Arkansas Code apply to various drug crimes are misdemeanors firearms is a Class D felony Class Y felony, by... Us: 870-845-0600 its discretion in refusing to submit an affirmative-defense jury with! Imposed, and they are not light punishments Minor 1st degree Mr. House was sentenced concurrent... Guilty of a Class Y felony, punishable by a minimum 10-year sentence the current law in.... In possession of a Schedule IV or V controlled substance offenses Times when we may Contact attorney..., simultaneous possession of drugs and firearms, according to the simultaneous-possession..