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 Your support has allowed us to double our newsroom in 2022 with even more editorial expansion plans in 2023. Charles Edward Ray pleaded guilty to, and was convicted of, simultaneous possession of drugs and a firearm, Ark. (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. child bait 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. 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. 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. Heasserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. Asa Hutchinson is being held in the Benton County Jail on drug charges. 5-74(1992); Sisk v. State, supra. The son of former Arkansas Gov. 2023, Arkansas Hearst Television Inc. on behalf of KHBS-TV. Many want to know the answers to two main questions: what is the law/what are the. All rights reserved. Does everyone charged with these crimes face the same consequences? 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. In fact, we recommend that you dont speak to them until a lawyer is with you. One of the most common defenses is simply that the weapon found was not the Defendants. 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. Save up to 50% off on Le Creuset Cookware During the 2023 Winter Savings Event, What Is Amazon Warehouse? Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. 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. 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. (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 Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation. Simultaneous possession of drugs and firearms is prohibited under A.C.A. 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. Each case has its own facts, therefore, nothing on this site should be taken as legal advice for any individual case or situation. Please check official sources. On appeal, appellant argues that the findings made by the trial court are inconsistent. *The case results on this website do not suggest that we will be able to do the same for you. Evidence sufficient to sustain conviction for simultaneous possession of drugs firearms trial court affirmed. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. at (479) 235-4600. case or situation. REVERSED AND DISMISSED 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. court opinions. ANNABELLE CLINTON IMBER, Justice. 05/13/2018 Seneca - New Riegel woman arrested According to court documents, the. Please try again. CR 96-473 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.". (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. 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. Disclaimer: These codes may not be the most recent version. 5-74-106. 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. The first thing you should do when charged with any crime, including simultaneous possession, is get in touch with an attorney. 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. 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. Chance of rain 90%. Searcy Police Department along with the Central Arkansas Drug Task Force and White County Sheriff's Office conducted a drug bust. 1993), possession of dru 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. Simultaneous Possession Of Drugs and Firearms in Arkansas. 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. 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 . On appeal, Lee challenges the conviction for possession of a controlled substance with the intent to deliver because . 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. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County Remember that you dont have to say anything to law enforcement officials without a lawyer present. Simultaneous Possession of Drugs and Firearms Arrest in Clay County, Arkansas ClayCoNews December 27, 2022 PIGGOT, AR (ClayCoNews) - According to Clay County Sheriff ) THE SON OF FORMER ARKANSAS GOVERNOR 'ASA HUTCHINSON'-- HAS BEEN RELEASED FROM THE BENTON COUNTY JAIL AFTER BEING ARRESTED ON DRUG CHARGES. 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. 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 -- He asserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. 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. 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. You already receive all suggested Justia Opinion Summary Newsletters. 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. If you have been charged, have a criminal defense lawyer review and evaluate your case. The 47-year-old son of former Arkansas Gov. The 47-year-old son of former Arkansas Gov. A conviction can result in decades to life in prison. Please support our mission with a subscription or contribution today. Magnolia, AR (71754) Today. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony. (a) No person shall unlawfully commit a felony violation of 5-64-401 or Simultaneous possession of drugs and firearms. ROBIN F. WYNNE, Judge This fact alone is something to take seriously with just a few bad decisions, you might end up with lifelong consequences. He also faces federal sentencing Feb. 3 on bribery and tax fraud charges. Appellant was convicted of manufacturing methamphetamine, being a felon in possession of a firearm, and simultaneous possession of drugs and a firearm. The younger Hutchinson has previous arrests on similar charges. 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 and simultaneous possession of drugs and firearms, a felony. 5-74-106. (KAIT) - A White County woman is facing charges of selling pills possibly laced with fentanyl. Our monthly magazine is free at over 500 locations in Central Arkansas. (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 latest breaking updates, delivered straight to your email inbox. 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. (b) Any person who violates this section is guilty of a Class Y felony. 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. Supporting the Arkansas Times' independent journalism is more vital than ever. Once your legal counsel has obtained a full grasp on exactly what happened, theyll be able to help you come up with a defense. Charles Edward RAY v. STATE of Arkansas 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. Subsection (a)(1) of Arkansas Code Annotated section 5-74-106 (Repl. That offense requires that there be a firearm as defined in section 5-1-102(6) a . In fact, of the 20 or so statutes the simultaneous possession applies to, 8 of them can be charged as misdemeanors. KFSM reported he was stopped on 46th Street in Rogers on suspicion of DWI. 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