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. What additional charges would make a drug-related charge even more serious? ) THE SON OF FORMER ARKANSAS GOVERNOR 'ASA HUTCHINSON'-- HAS BEEN RELEASED FROM THE BENTON COUNTY JAIL AFTER BEING ARRESTED ON DRUG CHARGES. of A conviction can result in decades to life in prison. 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 Opinionfrom a sentence imposed by a jury after a plea of guilty, a conditional plea of guilty, as found in Ark. Once your legal counsel has obtained a full grasp on exactly what happened, theyll be able to help you come up with a defense. What Is Simultaneous Possession of Drugs and Firearms? 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 -- 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. Many drug cases involve search and seizure issues, and I am a nationally known expert on search and seizure law. However, only a few drug crimes are misdemeanors. CA CR 07-276 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? Simultaneous possession of drugs and firearms is prohibited under A.C.A. | Last updated March 26, 2008. 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. Nevertheless, the missing bolt is fatal to the State's case for simultaneous possession of drugs and a firearm. Court of Appeals of Arkansas Division III. 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. If youve been charged with a drug-related crime, its time to. This is not a one size fits all situation. In order to be charged with simultaneous possession in the state of Arkansas, the accused must have 3. 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. 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. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County Each case has its own facts, therefore, nothing on this site should be taken as legal advice for any individual case or situation. The first thing you should do when charged with any crime, including simultaneous possession, is get in touch with an attorney. Specifically, Mr. House contends that the jury should ha REVERSED REMANDED. This information is not intended to create, and receipt 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. (3). Founded 1974, the Arkansas Times is a lively, opinionated source for news, politics & culture in Arkansas. All rights reserved. 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. ANNABELLE CLINTON IMBER, Justice. Arkansas may have more current or accurate information. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. 5-74-106. We affirm the judgment of the trial court. Court of Appeals of Arkansas, Division III. Subscribe to Justia's SON OF 4. Interact directly with CaseMine users looking for advocates in your area of specialization. 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. featuring summaries of federal and state 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession Simultaneous Possession Of Drugs and Firearms in Arkansas. Stay up-to-date with how the law affects your life. He asserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. What should I do if Ive been charged with simultaneous possession? Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. For instance, manufacturing less than 2 grams of methamphetamine, heroin, or cocaine is a Class C felony. In fact, we recommend that you dont speak to them until a lawyer is with you. AFFIRMED Remember that you dont have to say anything to law enforcement officials without a lawyer present. No! Nothing on this site should be taken as legal advice for any individual (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. 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. The son of former Arkansas Gov. Evidence sufficient to sustain conviction for simultaneous possession of drugs firearms trial court affirmed. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. On appeal, Lee challenges the conviction for possession of a controlled substance with the intent to deliver because . To schedule a consultation with us, call (479) 235-4600 or submit an online contact form. Essentially, the law says that a person commits a crime when they have both drugs and a gun or other weapon on them. Please check official sources. 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. JONESBORO, Ark. Simultaneous possession of drugs and firearms. Class Y felonies are punishable by 10 to 40 years or life in prison. Your support has allowed us to double our newsroom in 2022 with even more editorial expansion plans in 2023. He was placed on probation for a period of sixty months for these offensehis probation for simultaneous possession of drugs and firearms. 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. Even if it seems like a casual conversation, its entirely possible for you to further incriminate yourself by speaking about the situation. (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 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. The arrest came after the Central Arkansas Drug Task Force (CADTF) received multiple complaints of a female selling ecstasy in White County. As with all criminal cases, the defenses available in a particular case depend on the specific facts and circumstances of that case. (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. Our newsroom is funded by more than 3,000 Arkansans who support us with contributions and digital subscriptions. 1993), possession of dru 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 relevant facts are not in dispute. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. However, thats not the only defense that can be raised. An attorney-client relationship can only be formed when terms have been reached and memorialized in a writing signed by both parties. The simultaneous possession of drugs and firearms law does not apply to misdemeanor controlled substance offenses. Disclaimer: These codes may not be the most recent version. 5-74-106. 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. They carry penalties that can include thousands of dollars in fines and years of incarceration. 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. (a) No person shall unlawfully commit a felony violation of 5-64-401 or All rights reserved. Heasserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. Winds SSW at 10 to 20 mph. child bait Simultaneous Possession of Drugs and Firearms and Endangering the Welfare of a Minor 1st degree. If you have been charged, have a criminal defense lawyer review and evaluate your case. Charges for offenses involving drugs are serious. 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. 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. The Arkansas Court of Appeals affirmed Supreme Court of Arkansas 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. Does everyone charged with these crimes face the same consequences? Our Northwest Arkansas team has over 100 years of combined experience and a track record of results. But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. Code Ann. Supporting the Arkansas Times' independent journalism is more vital than ever. As we mentioned above, those in possession of drugs considered misdemeanor violations cant be charged with simultaneous possession. The 47-year-old son of former Arkansas Gov. CR 96-473 This is the most serious classification for felonies and is reserved for the severest of crimes. ARKANSAS COURT OF APPEALS DIVISION II Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. 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