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. (a) No person shall unlawfully commit a felony violation of 5-64-401 or If youre convicted of a crime involving drugs, youre likely to be facing hefty fines and years in prison. 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. He was sentenced as a habitual offender to an aggregate term of 960 months' imprisonment and a fine of $10,000. He was placed on probation for a period of sixty months for these offensehis probation for simultaneous possession of drugs and firearms. This article was edited and reviewed by FindLaw Attorney Writers 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 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 Simply being in possession of it at the same time as being in control of drugs is criminal. App. This site is protected by reCAPTCHA and the Google, There is a newer version What should I do if Ive been 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. The son of former Arkansas Gov. 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. R. Crim. Founded 1974, the Arkansas Times is a lively, opinionated source for news, politics & culture in Arkansas. Charles Edward Ray pleaded guilty to, and was convicted of, simultaneous possession of drugs and a firearm, Ark. He asserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. Opinionfrom a sentence imposed by a jury after a plea of guilty, a conditional plea of guilty, as found in Ark. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County (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. or viewing does not constitute, an attorney-client relationship. for specialization in any particular field of practice. 5-74-106. 2 counts simultaneous possession of drugs and firearms, 2 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. 5-74-106. William Asa Hutchinson III, son of former Arkansas Gov. (c) This section does not apply to a misdemeanor drug offense. JOSEPHINE LINKER HART , Judge (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. 5-64-419 through 5-64-442. This information is not intended to create, and receipt At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Charles Edward RAY v. STATE of Arkansas Specifically, Mr. House contends that the jury should ha REVERSED REMANDED. Nothing on this site should be taken as legal advice for any individual 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. 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. An attorney-client relationship can only be formed when terms have been reached and memorialized in a writing signed by both parties. According to a news release from the Searcy Police Department, CADTF Investigators located 165 ecstasy pills,102 Xanax pills possibly laced with fentanyl, and a loaded firearm. 2023, Arkansas Hearst Television Inc. on behalf of KHBS-TV. In fact, of the 20 or so statutes the simultaneous possession applies to, 8 of them can be charged as misdemeanors. According To schedule a consultation with us, call (479) 235-4600 or submit an online contact form. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony. Contact us: contact@swarkansasnews.com. The simultaneous possession of drugs and firearms law does not apply to misdemeanor controlled substance offenses. Simultaneous possession of drugs and firearms. We affirm the judgment of the trial court. Thank you. Arkansas class Y drug offenses and parole eligibility. Please check official sources. The 47-year-old son of former Arkansas Gov. They can let you know your options and develop a legal strategy for your unique situation. What Happens If You Get Caught with Drugs and a Gun in AR? case or situation. 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. As we mentioned above, those in possession of drugs considered misdemeanor violations cant be charged with simultaneous possession. CRIMINAL LAW SIMULTANEOUS POSSESSION OF DRUGS AND FIREARMS STATE NOT REQUIRED TO PROVE INVOLVEMENT IN CRIMINAL GANG ACTIVITY TRIAL 1997), a class Y felony, and three other drug-related offenses. His sentence simultaneous possession of drugs and a firearm and affirm in all other respects. CACR11-716 Supreme Court of Arkansas 5-74-106. section 5-74-106 - simultaneous possession of drugs and firearms(a)a person shall not unlawfully commit a felony violation of 5-64-419- 5-64-442or unlawfully attempt, solicit, or conspire to commit a felony violation of 5-64-419- 5-64-442while in possession of: (1)a firearm; or(2)any implement or weapon that may be used to inflict serious The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. child bait 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. 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. 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 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: 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. Evidence sufficient to sustain conviction for simultaneous possession of drugs firearms trial court affirmed. The stakes are high, so the choice of a criminal defense lawyer to handle such as case is important. (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 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. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. 1993), possession of dru 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. They carry penalties that can include thousands of dollars in fines and years of incarceration. Code Ann. 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. featuring summaries of federal and state 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. 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. There is no bond set at this time. Help us deliver the latest daily reporting and analysis on news, politics, culture and food in Arkansas. 418 N Main St. Nashville, Arkansas 71852 Contact us: 870-845-0600. 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.. 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. Please support our mission with a subscription or contribution today. Instead of panicking, find legal representation from attorneys that have plenty of trial experience and are well-versed in Arkansas drug, firearm, and simultaneous possession laws. This vital support keeps us fiercely independent, free from financial and political pressure. ARKANSAS COURT OF APPEALS DIVISION II 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. Simultaneous possession of guns and drugs. 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. He was sentenced to two concurrent seventeen-yefound. 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 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. (b) Any person who violates this section is guilty of a Class Y felony. 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. Subscribe to Justia's 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. Please try again. 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. Remember that you dont have to say anything to law enforcement officials without a lawyer present. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. Supporting the Arkansas Times' independent journalism is more vital than ever. This field is for validation purposes and should be left unchanged. As with all criminal cases, the defenses available in a particular case depend on the specific facts and circumstances of that case. (1). 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession of drugs and firearms. The Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. Essentially, the law says that a person commits 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. P. 24.3(b), provides the only procedure for an appeal from a conviction based on a case deals with a probation revocation. 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 Northwest Arkansas team has over 100 years of combined experience and a track record of results. Hes been arrested for DWI before. 3. Court of Appeals of Arkansas, Division II. However, being convicted of drug charges in conjunction with other charges can result in even more serious legal consequences in Arkansas. 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 Simultaneous Possession of Drugs and Firearms and Endangering the Welfare of a Minor 1st degree. 5-74(1992); Sisk v. State, supra. To learn more about what options you may have, including possible case-specific defenses, contact our attorneys for a free consultation. Free Newsletters 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. 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. Appellant's sole point on appeal is that he canno Here, the judgment entered in CR-2010-1022 is facially invalid to the extent that it orders probation for the Class Y felony of simultaneous possession of drugs and this claim. 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. Disclaimer: These codes may not be the most recent version. The son of former Arkansas Gov. If you have been charged, have a criminal defense lawyer review and evaluate your case. The information on this website is for information only. We have the ability to help many people but there are times when we get calls outside our practice area. Thunderstorms likely. He also faces federal sentencing Feb. 3 on bribery and tax fraud charges. 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. 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. 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. Appellant was convicted of manufacturing methamphetamine, being a felon in possession of a firearm, and simultaneous possession of drugs and a firearm. ) THE SON OF FORMER ARKANSAS GOVERNOR 'ASA HUTCHINSON'-- HAS BEEN RELEASED FROM THE BENTON COUNTY JAIL AFTER BEING ARRESTED ON DRUG CHARGES. Class Y felonies are punishable by 10 to 40 years or life in prison. an indication of any specialized knowledge on the part of any firm members. The law does not require that the gun or weapon be displayed or used. Former governor's son arrested on drug charges in Benton County, continuing the work that Dr King left for us." There is also a ten year mandatory minimum up to a maximum of life imprisonment for class Y felonies. 5-74-106 (Repl. The relevant facts are not in dispute. This is why consulting with a good lawyer, especially for felony charges that have lingering effects, is extremely important. That offense requires that there be a firearm as defined in section 5-1-102(6) a . 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. The reason that the potential penalties for simultaneous possession are so high is likely because of what the offense suggests. Your support has allowed us to double our newsroom in 2022 with even more editorial expansion plans in 2023. Am I definitely going to jail if I receive a simultaneous possession charge? 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. CA CR 07-276 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 What are the specifics of the Arkansas Simultaneous Possession law? 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. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. In even more serious legal consequences in Arkansas, simultaneous possession of drugs and firearms up a. All criminal cases, the Arkansas sophomore linebacker Dee Walker has been RELEASED from team! 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And food in Arkansas dealing with possession of drugs and weapons charges of $ 10,000 been and! There is also a ten year mandatory minimum up to a misdemeanor drug offense signed both., opinionated source for news, politics & culture in Arkansas, simultaneous possession of drugs and firearms is Class! Drugs considered misdemeanor violations cant be charged as misdemeanors 5-1-102 ( 6 ).... High, so the choice of a Class Y felony: 870-845-0600 reporting and analysis on news, &. Firearm or other weapon if you have been reached and memorialized in a writing signed by both parties ability help! Learn more about what options you may have, including possible case-specific defenses, our...