Opinionfrom a sentence imposed by a jury after a plea of guilty, a conditional plea of guilty, as found in Ark. 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. The first thing you should do when charged with any crime, including simultaneous possession, is get in touch with an attorney. Simultaneous Possession of Drugs and Firearms 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. For instance, manufacturing less than 2 grams of methamphetamine, heroin, or cocaine is a Class C felony. An attorney-client relationship can only be formed when terms have been reached and memorialized in a writing signed by both parties. 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. Mr. Colbert was charged with possession of a controlled substance with intent to deliver and with simultaneous possession of drugs and a firearm. 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. Charges for offenses involving drugs are serious. However, being convicted of drug charges in conjunction with other charges can result in even more serious legal consequences in Arkansas. To learn more about what options you may have, including possible case-specific defenses, contact our attorneys for a free consultation. Instead, appellant's argument is directed entirely against the twenty-five-year sentence imposed upon revocation of his probation for simultaneous possession of drugs and firearms. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County 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. (a) No person shall unlawfully commit a felony violation of 5-64-401 or 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. AFFIRMED Asa Hutchinson is being held in the Benton County Jail on drug charges. They can let you know your options and develop a legal strategy for your unique situation. We reasoned that, without ammunition, a firearm is not "readily accessible compel a conclusion one way or another. Heasserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. Each case has its own facts, therefore, nothing on this site should be taken as legal advice for any individual case or situation. 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. Supporting the Arkansas Times' independent journalism is more vital than ever. He was placed on probation for a period of sixty months for these offensehis probation for simultaneous possession of drugs and firearms. Manufacturing crude methamphetamine has become relatively easy, and more and more people are looking for a fast buck in making it. William Asa Hutchinson III, son of former Arkansas Gov. 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 case or situation. He was sentenced as a habitual offender to an aggregate term of 960 months' imprisonment and a fine of $10,000. 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. In fact, we recommend that you dont speak to them until a lawyer is with you. Nothing on this site is meant to create an expectation of a particular result. This field is for validation purposes and should be left unchanged. In order to be charged with simultaneous possession in the state of Arkansas, the accused must have This is not a one size fits all situation. 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. The 47-year-old son of former Arkansas Gov. Any questions about the site can be addressed to John Collins at 501-603-9911. 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. Remember that you dont have to say anything to law enforcement officials without a lawyer present. 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. If youre convicted of a crime involving drugs, youre likely to be facing hefty fines and years in prison. 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. Weve been waiting for a return call from the Benton County sheriffs office for details, but others, including KFSM, have confirmed the arrest Friday of former Governor Hutchinsons son Williams Asa Hutchinson III. 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. 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. In these cases, additional charges and penalties can be imposed, and they are not light punishments. Court of Appeals of Arkansas, Division II. If youve been charged with a drug-related crime, its time to. There are also times when we may contact an attorney to assist with your case if we feel their participation is beneficial. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 5-74-106 (Repl. Appellant's sole point on appeal is that he canno What Is Simultaneous Possession of Drugs and Firearms? 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.". There is no bond set at this time. Specifically, Mr. House contends that the jury should ha REVERSED REMANDED. 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 Multiple drugs and guns were seized and five people on parole were arrested at three locations in El Dorado to kickstart 2023. Supreme Court of Arkansas App. Any membership with an organization is simply to show affiliation and should not be considered an endorsement of their views or He was sentenced to two concurrent seventeen-yefound. Simultaneous possession of guns and drugs. Court of Appeals of Arkansas Division III. 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. 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. 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. 01-18-2012 ) which in effect told the jury, that possession alone of a quantity of drugs in excess of a certain amount was sufficient to support an inference of guilt held improper and prejudicial as being adelivery of drugs classified as a narcotic under subsection (a)(1)(i) constitutes one offense; simultaneous possession ofdrugs classified under subsection (a)(1)(ii) constitutes only one offense; however, simultaneous possession of AUTHORITY IN IMPOSING SUSPENDING SENTENCES REVERSED REMANDED. and simultaneous possession of drugs and firearms, a felony. Simultaneous possession of drugs and firearms. The son of former Arkansas Gov. What is the current law in Arkansas dealing with possession of drugs and firearms at the same time? Once your legal counsel has obtained a full grasp on exactly what happened, theyll be able to help you come up with a defense. Chance of rain 90%. 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. 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. | Last updated March 26, 2008. 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 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. Charles Edward RAY v. STATE of Arkansas On appeal, Lee challenges the conviction for possession of a controlled substance with the intent to deliver because . 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. Our newsroom is funded by more than 3,000 Arkansans who support us with contributions and digital subscriptions. of Please try again. Copyright 2023, Thomson Reuters. Ark. The information on this website is for general information purposes only. Thunderstorms likely. SON OF High 68F. 5-74-106. Code Ann. In fact, of the 20 or so statutes the simultaneous possession applies to, 8 of them can be charged as misdemeanors. 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 . This site is protected by reCAPTCHA and the Google, There is a newer version 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. Simultaneous Possession Of Drugs and Firearms in Arkansas. 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 We are located in Nashville, Arkansas. Asa Hutchinson, is shown in this 2014 courtesy photo. 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 In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony, which is the most serious classification for felonies in the state. 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. 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. KFSM reported he was stopped on 46th Street in Rogers on suspicion of DWI. ROBIN F. WYNNE, Judge 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. 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 The Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County Sheriffs Office. P. 24.3(b), provides the only procedure for an appeal from a conviction based on a case deals with a probation revocation. A data geek charts it out. Nothing is definite in this situation. 2 counts simultaneous possession of drugs and firearms, 2 ) THE SON OF FORMER ARKANSAS GOVERNOR 'ASA HUTCHINSON'-- HAS BEEN RELEASED FROM THE BENTON COUNTY JAIL AFTER BEING ARRESTED ON DRUG CHARGES. 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. All rights reserved. *The case results on this website do not suggest that we will be able to do the same for you. Copyright 2023 KAIT. As with all criminal cases, the defenses available in a particular case depend on the specific facts and circumstances of that case. Founded 1974, the Arkansas Times is a lively, opinionated A conviction can result in decades to life in prison. However, only a few drug crimes are misdemeanors. featuring summaries of federal and state Stay up-to-date with how the law affects your life. But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. for specialization in any particular field of practice. What Happens If You Get Caught with Drugs and a Gun in AR? Many want to know the answers to two main questions: what is the law/what are the. Appellant Keraig House was convicted in a jury trial of simultaneous possession of firearms, possession of methamphetamine with intent to deliver, maintaining a drug premises, and possession of drug paraphernalia. 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. 3. This article was edited and reviewed by FindLaw Attorney Writers 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.. 5-74-106 - Simultaneous possession of drugs and firearms. Contact us: contact@swarkansasnews.com. In Arkansas, the term simultaneous possession refers to instances in which someone is in possession of drugs and a firearm at the same time. R. Crim. Nevertheless, the missing bolt is fatal to the State's case for simultaneous possession of drugs and a firearm. Subsection (a)(1) of Arkansas Code Annotated section 5-74-106 (Repl. Subscribe to Justia's He asserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. 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. (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. 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. 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. 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. This vital support keeps us fiercely independent, free from financial and political pressure. Even if it seems like a casual conversation, its entirely possible for you to further incriminate yourself by speaking about the situation. child bait 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. The son of former Arkansas Gov. Code Ann. 2023, Arkansas Hearst Television Inc. on behalf of KHBS-TV. Nothing on this site should be taken as legal advice for any individual 4. His sentence simultaneous possession of drugs and a firearm and affirm in all other respects. 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(b) (Repl. "No bond has been set. This is why consulting with a good lawyer, especially for felony charges that have lingering effects, is extremely important. 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. What is the current law in Arkansas dealing with possession of drugs and firearms at the same time? 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