However, thats not the only defense that can be raised. 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. Please check official sources. CA CR 07-276 Where appellees were convicted of simultaneous possession of drugs and firearms, a Class Y felony, the trial court had no statutorypossession of a controlled substance with intent to deliver, and simultaneous possession of drugs and firearms. Please try again. 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. 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. 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. Supreme Court of Arkansas Any questions about the site can be addressed to John Collins at 501-603-9911. No member of the firm has been certified by any board Juries in Arkansas have given life in some drug cases, even where the quantities are not all that great. Once your legal counsel has obtained a full grasp on exactly what happened, theyll be able to help you come up with a defense. The son of former Arkansas Gov. 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? Simultaneous possession of drugs and firearms. 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession As with all criminal cases, the defenses available in a particular case depend on the specific facts and circumstances of that case. Nevertheless, the missing bolt is fatal to the State's case for simultaneous possession of drugs and a firearm. The relevant facts are not in dispute. 418 N Main St. Nashville, Arkansas 71852 Contact us: 870-845-0600. DEPUTIES WITH THE BENTON COUNTY SHERIFF'S OFFICE ARRESTED 47-YEAR- OLD 'WILLIAM ASA HUTCHINSON' ON FRIDA. Free Newsletters 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. Nothing on this site is meant to create an expectation of a particular result. SON OF This fact alone is something to take seriously with just a few bad decisions, you might end up with lifelong consequences. Read the full article. Interact directly with CaseMine users looking for advocates in your area of specialization. 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.". Class Y felonies are punishable Stephens was charged with speeding, simultaneous possession of drugs and firearms and three different charges of possession of a controlled substance. 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. Copyright 2023 KAIT. 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. 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 They can let you know your options and develop a legal strategy for your unique situation. The latest breaking updates, delivered straight to your email inbox. 5-74-106. or viewing does not constitute, an attorney-client relationship. 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. These sections of the Arkansas Code apply to various drug crimes, from simple possession to trafficking. by Hugo | Nov 30, 2022 | Drug Offenses, Uncategorized | 0 comments. Subsection (a)(1) of Arkansas Code Annotated section 5-74-106 (Repl. 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. We reasoned that, without ammunition, a firearm is not "readily accessible compel a conclusion one way or another. 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 Disclaimer: However, being convicted of drug charges in conjunction with other charges can result in even more serious legal consequences in Arkansas. 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 . 3. Your support has allowed us to double our newsroom in 2022 with even more editorial expansion plans in 2023. CACR11-716 This information is not intended to create, and receipt or viewing does not create, an attorney-client relationship. 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.. 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. Cases cited for the legal proposition you have searched for. 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. 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. JONESBORO, Ark. 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. Former governor's son arrested on drug charges in Benton County, continuing the work that Dr King left for us." Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. An attorney-client relationship can only be formed when terms have been reached and memorialized in a writing signed by both parties. In fact, of the 20 or so statutes the simultaneous possession applies to, 8 of them can be charged as misdemeanors. Ark. The first thing you should do when charged with any crime, including simultaneous possession, is get in touch with an attorney. Many drug cases involve search and seizure issues, and I am a nationally known expert on search and seizure law. 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. 5-64-419 through 5-64-442. As we mentioned above, those in possession of drugs considered misdemeanor violations cant be charged with simultaneous possession. 4. 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. Manufacturing crude methamphetamine has become relatively easy, and more and more people are looking for a fast buck in making it. 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 2005), the trial court in CR-2010-1022 lacked authority to place him on possession of a controlled substance with intent to deliver and to simultaneous possession of drugs and firearms. We have the ability to help many people but there are times when we get calls outside our practice area. In order to be charged with simultaneous possession in the state of Arkansas, the accused must have Deputies with the Benton County Sheriff's Office arrested William Asa Hutchinson III, 47, Friday on several charges. Court of Appeals of Arkansas, Division II. (3). *The case results on this website do not suggest that we will be able to do the same for you. All rights reserved. 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. 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. Additionally, the severity of the charges you face may depend on your unique circumstances for example, some consequences might be determined by the amount of drugs in your possession, or the type of drugs in your possession. 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. What is the current law in Arkansas dealing with possession of drugs and firearms at the same time? The substance in the baggies was later confirmed, by the Arkansas State Crime Lab, to be 22.3763 grams of crack cocaine. CRIMINAL LAW SIMULTANEOUS POSSESSION OF DRUGS AND FIREARMS STATE NOT REQUIRED TO PROVE INVOLVEMENT IN CRIMINAL GANG ACTIVITY TRIAL 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. If you have been charged with a drug crime in Northwest Arkansas, contactNorwood & Norwood, P.A. The younger Hutchinson has previous arrests on similar charges. The Arkansas Court of Appeals affirmed According 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 -- 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. Charles Edward Ray pleaded guilty to, and was convicted of, simultaneous possession of drugs and a firearm, Ark. 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. This field is for validation purposes and should be left unchanged. Lavelle EVANS, Petitioner v. STATE of Arkansas, Respondent The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. at (479) 235-4600. Opinionfrom a sentence imposed by a jury after a plea of guilty, a conditional plea of guilty, as found in Ark. In these cases, additional charges and penalties can be imposed, and they are not light punishments. One of the most common defenses is simply that the weapon found was not the Defendants. The 47-year-old son of former Arkansas Gov. If you have a problem we are unable to help you with we will happily refer you to another attorney or firm. Nothing is definite in this situation. All rights reserved. Many want to know the answers to two main questions: what is the law/what are the. Arkansas class Y drug offenses and parole eligibility. 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. 5-74-106 - Simultaneous possession of drugs and firearms. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. We affirm the judgment of the trial court. You already receive all suggested Justia Opinion Summary Newsletters. Winds SSW at 10 to 20 mph. KFSM reported he was stopped on 46th Street in Rogers on suspicion of DWI. 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. Code Ann. He also faces federal sentencing Feb. 3 on bribery and tax fraud charges. If they get caught, the penalties and forfeitures are extremely harsh. He was placed on probation for a period of sixty months for these offensehis probation for simultaneous possession of drugs and firearms. 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. 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 in Arkansas. The 47-year-old son of former Arkansas Gov. As you can see, violations of these statutes can have serious legal consequences; however, aside from the legal consequences you could face, there are a variety of personal and professional consequences to consider. You can explore additional available newsletters here. There are also times when we may contact an attorney to assist with your case if we feel their participation is beneficial. Help us deliver the latest daily reporting and analysis on news, politics, culture and food in Arkansas. Simultaneous Possession of Drugs and Firearms and Endangering the Welfare of a Minor 1st degree. 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. What are the specifics of the Arkansas Simultaneous Possession law? This vital support keeps us fiercely independent, free from financial and political pressure. (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. He was sentenced as a habitual offender to an aggregate term of 960 months' imprisonment and a fine of $10,000. You're all set! (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. ) THE SON OF FORMER ARKANSAS GOVERNOR 'ASA HUTCHINSON'-- HAS BEEN RELEASED FROM THE BENTON COUNTY JAIL AFTER BEING ARRESTED ON DRUG CHARGES. AFFIRMED Essentially, the law says that a person commits a crime when they have both drugs and a gun or other weapon on them. Am I definitely going to jail if I receive a simultaneous possession charge? Contact us: contact@swarkansasnews.com. Simultaneous possession of drugs and firearms is prohibited under A.C.A. | Last updated March 26, 2008. 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. Possession charge making it JAIL after BEING ARRESTED on drug charges in COUNTY. | Nov 30, 2022 | drug Offenses, Uncategorized | 0 comments House sentenced. Or firm 2022 | drug Offenses, Mr. House was sentenced as a habitual offender an. Breaking updates, delivered straight to your email inbox, additional charges penalties. 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Seizure issues, and more and more people are looking for a fast buck in it... A period of sixty months for these Offenses, Mr. House was sentenced concurrent... More and more people are looking for a fast buck in making.... This vital support keeps us fiercely independent, free from financial and political....