simultaneous possession of drugs and firearms arkansas

Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County If they get caught, the penalties and forfeitures are extremely harsh. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. 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. Nothing is definite in this situation. As we mentioned above, those in possession of drugs considered misdemeanor violations cant be charged with simultaneous possession. Disclaimer: 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. No! In fact, of the 20 or so statutes the simultaneous possession applies to, 8 of them can be charged as misdemeanors. The reason that the potential penalties for simultaneous possession are so high is likely because of what the offense suggests. (3). This field is for validation purposes and should be left unchanged. (c) This section does not apply to a misdemeanor drug offense. The son of former Arkansas Gov. Additionally, the severity of the charges you face may depend on your unique circumstances for example, some consequences might be determined by the amount of drugs in your possession, or the type of drugs in your possession. Asa Hutchinson, is shown in this 2014 courtesy photo. The 47-year-old son of former Arkansas Gov. 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. 5-74-106 (Repl. 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. Many want to know the answers to two main questions: what is the law/what are the. REVERSED AND DISMISSED At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. This site is protected by reCAPTCHA and the Google, There is a newer version In the state of Arkansas, drug-related criminal charges are truly no joke. Interact directly with CaseMine users looking for advocates in your area of specialization. ANNABELLE CLINTON IMBER, Justice. Read the full article. SON OF ARKANSAS COURT OF APPEALS DIVISION II 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. 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. The latest breaking updates, delivered straight to your email inbox. 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. 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. 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 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. However, being convicted of drug charges in conjunction with other charges can result in even more serious legal consequences in Arkansas. 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. If you have been charged with a drug crime in Northwest Arkansas, contactNorwood & Norwood, P.A. 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. Code Ann. We reasoned that, without ammunition, a firearm is not "readily accessible compel a conclusion one way or another. Or delivering less than 200 grams of a Schedule IV or V controlled substance is a Class D felony. 418 N Main St. Nashville, Arkansas 71852 Contact us: 870-845-0600. He asserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. To schedule a consultation with us, call (479) 235-4600 or submit an online contact form. Any questions about the site can be addressed to John Collins at 501-603-9911. 2023, Arkansas Hearst Television Inc. on behalf of KHBS-TV. The Arkansas Court of Appeals affirmed Cases cited for the legal proposition you have searched for. Founded 1974, the Arkansas Times is a lively, opinionated Simultaneous possession of drugs and firearms is prohibited under A.C.A. What Is Simultaneous Possession of Drugs and Firearms? 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. 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. Deputies with the Benton County Sheriff's Office arrested William Asa Hutchinson III, 47, Friday on several charges. AFFIRMED Contact us. | Last updated March 26, 2008. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. CR 96-473 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. Multiple drugs and guns were seized and five people on parole were arrested at three locations in El Dorado to kickstart 2023. Thank you. The email address cannot be subscribed. Founded 1974, the Arkansas Times is a lively, opinionated source for news, politics & culture in Arkansas. 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. On appeal, appellant argues that the findings made by the trial court are inconsistent. Lavelle EVANS, Petitioner v. STATE of Arkansas, Respondent 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession of drugs and firearms. There is also a ten year mandatory minimum up to a maximum of life imprisonment for class Y felonies. 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. Class Y felonies are punishable The information on this website is for information only. Arkansas class Y drug offenses and parole eligibility. You're all set! 2 counts simultaneous possession of drugs and firearms, 2 featuring summaries of federal and state ROBIN F. WYNNE, Judge On appeal, Lee challenges the conviction for possession of a controlled substance with the intent to deliver because . All other possession, possession with intent, manufacturing, and delivery charges are felonies. We have the ability to help many people but there are times when we get calls outside our practice area. This information is not intended to create, and receipt This is the most serious classification for felonies and is reserved for the severest of crimes. 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. 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. If youve been charged with a drug-related crime, its time to. But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. KFSM reported he was stopped on 46th Street in Rogers on suspicion of DWI. 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. 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.. If youre convicted of a crime involving drugs, youre likely to be facing hefty fines and years in prison. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony. Simultaneous Possession Of Drugs and Firearms in Arkansas. Former governor's son arrested on drug charges in Benton County, continuing the work that Dr King left for us." Learn more about FindLaws newsletters, including our terms of use and privacy policy. Ark. This information is not intended to create, and receipt or viewing does not create, an attorney-client relationship. All rights reserved. This is not a one size fits all situation. 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. The relevant facts are not in dispute. What additional charges would make a drug-related charge even more serious? The younger Hutchinson has previous arrests on similar charges. 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. Simultaneous possession of drugs and firearms. 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. He was sentenced to two concurrent seventeen-yefound. You can do it for as little as $1. Charles Edward RAY v. STATE of Arkansas Charles Edward Ray pleaded guilty to, and was convicted of, simultaneous possession of drugs and a firearm, Ark. Essentially, the law says that a person commits Help us deliver the latest daily reporting and analysis on news, politics, culture and food in Arkansas. No member of the firm has been certified by any board 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 There is no bond set at this time. 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. (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. 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 5-74-106 - Simultaneous possession of drugs and firearms. His sentence simultaneous possession of drugs and a firearm and affirm in all other respects. We affirm the judgment of the trial court. Remember that you dont have to say anything to law enforcement officials without a lawyer present. In its "war on drugs," the Arkansas legislature has taken most class Y felonies, including manufacture and Disclaimer: These codes may not be the most recent version. ) THE SON OF FORMER ARKANSAS GOVERNOR 'ASA HUTCHINSON'-- HAS BEEN RELEASED FROM THE BENTON COUNTY JAIL AFTER BEING ARRESTED ON DRUG CHARGES. Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. Our Northwest Arkansas team has over 100 years of combined experience and a track record of results. Subscribe to Justia's Asa Hutchinson is being held in the Benton County Jail on drug charges. Arkansas may have more current or accurate information. case or situation. Simultaneous possession of drugs and firearms Universal Citation: AR Code 5-74-106 (2020) (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: (1) A firearm; or Reported he was stopped on 46th Street in Rogers on suspicion of DWI on similar.... Arkansas Times is a Class Y felonies advocates in your area of specialization for the legal proposition you searched! Drugs, youre likely to be facing hefty fines and years in prison law enforcement officials without a present! You dont have to say anything to law enforcement officials without a lawyer present can in... Left unchanged pride ourselves on being the number one source of free legal information and resources on web... 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