SON OF 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 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. (b) Any person who violates this section is guilty of a Class Y felony. The son of former Arkansas Gov. | Last updated March 26, 2008. Each appellee was originally sentenced by the trial court to a term of ten this appeal. Asa Hutchinson, is shown in this 2014 courtesy photo. 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. High 68F. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. Free Newsletters 5-74(1992); Sisk v. State, supra. That offense requires that there be a firearm as defined in section 5-1-102(6) a . 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession 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. (1). Stay up-to-date with how the law affects your life. Read the full article. A Polk County jury convicted Vincent Byron Fett of possession of marijuana with inappeal, Fett challenges only his conviction for simultaneous possession of drugs and firearms. Asa Hutchinson is being held in the Benton County Jail on drug charges.Deputies with the Benton County Sheriff's Office arrested William Asa Ark. Simultaneous possession of guns and drugs. Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. (c) This section does not apply to a misdemeanor drug offense. 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 as a habitual offender to an aggregate term of 960 months' imprisonment and a fine of $10,000. In fact, of the 20 or so statutes the simultaneous possession applies to, 8 of them can be charged as misdemeanors. 5-74-106. Sign up for our free summaries and get the latest delivered directly to you. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. This is not a one size fits all situation. 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. What additional charges would make a drug-related charge even more serious? Many drug cases involve search and seizure issues, and I am a nationally known expert on search and seizure law. Mr. Colbert was charged with possession of a controlled substance with intent to deliver and with simultaneous possession of drugs and a firearm. 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. Code Ann. DEPUTIES WITH THE BENTON COUNTY SHERIFF'S OFFICE ARRESTED 47-YEAR- OLD 'WILLIAM ASA HUTCHINSON' ON FRIDA. The 47-year-old son of former Arkansas Gov. Investigation turns into a drug bust in White County, Former police chief charged with felony after selling gun to pawn shop, A-State sees little to no complaints after TikTok Wi-Fi ban, Antidrag bill hearing scheduled for Thursday, Blytheville police issue warrant for murder suspect. What Is Simultaneous Possession of Drugs and Firearms? 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. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. What are the specifics of the Arkansas Simultaneous Possession law? Charges for offenses involving drugs are serious. Our monthly magazine is free at over 500 locations in Central Arkansas. He asserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. Arkansas may have more current or accurate information. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. The stakes are high, so the choice of a criminal defense lawyer to handle such as case is important. According The son of former Arkansas Gov. He was booked in In these cases, additional charges and penalties can be imposed, and they are not light punishments. Any questions about the site can be addressed to John Collins at 501-603-9911. These sections of the Arkansas Code apply to various drug crimes, from simple possession to trafficking. 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 *The case results on this website do not suggest that we will be able to do the same for you. Possession of less than 2 grams of a Schedule III substance, Possession of less than 28 grams of a Schedule IV or V controlled substance, Possession of less than 4 ounces of a Schedule VI controlled substance, Possession with intent to deliver 14 grams or less of a Schedule VI controlled substance, Delivery of 14 grams or less of a Schedule VI controlled substance, Manufacture of 14 grams or less of a Schedule VI controlled substance, Possession of a Schedule III, IV, V, or VI counterfeit controlled substance, Possession with intent to deliver a Schedule IV, V, or VI counterfeit controlled substance. Essentially, the law says that a person commits a crime when they have both drugs and a gun or other weapon on them. of Once your legal counsel has obtained a full grasp on exactly what happened, theyll be able to help you come up with a defense. 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? 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. 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. You already receive all suggested Justia Opinion Summary Newsletters. 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 reason that the potential penalties for simultaneous possession are so high is likely because of what the offense suggests. To learn more about what options you may have, including possible case-specific defenses, contact our attorneys for a free consultation. 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 William Asa Hutchinson III, son of former Arkansas Gov. A conviction can result in decades to life in prison. 5-74-106. 1997), a class Y felony, and three other drug-related offenses. Simultaneous Possession of Drugs and Firearms Arrest in Clay County, Arkansas ClayCoNews December 27, 2022 PIGGOT, AR (ClayCoNews) - According to Clay County Sheriff On appeal, Lee challenges the conviction for possession of a controlled substance with the intent to deliver because . 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. CR 96-473 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. Please support our mission with a subscription or contribution today. No. case or situation. Disclaimer: These codes may not be the most recent version. 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. Copyright 2023, Thomson Reuters. 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 Specifically, Mr. House contends that the jury should ha REVERSED REMANDED. Court of Appeals of Arkansas, Division III. If they get caught, the penalties and forfeitures are extremely harsh. 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. 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. Any membership with an organization is simply to show affiliation and should not be considered an endorsement of their views or Supreme Court of Arkansas court opinions. Code Ann. for specialization in any particular field of practice. REVERSED AND DISMISSED 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. The information on this website is for general information purposes only. JOSEPHINE LINKER HART , Judge Class Y felonies are punishable by 10 to 40 years or life in prison. 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 child bait In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony, which is the most serious classification for felonies in the state. featuring summaries of federal and state The relevant facts are not in dispute. 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 Simultaneous Possession of Drugs and Firearms. 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