ARKANSAS COURT OF APPEALS DIVISION II 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. This is not a one size fits all situation. (1). Nothing on this site should be taken as legal advice for any individual 5-74-106 (Repl. 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 child bait According ROBIN F. WYNNE, Judge Ark. 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. But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. 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. CA CR 07-276 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. 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. We affirm the judgment of the trial court. Simultaneous Possession Of Drugs and Firearms in Arkansas. 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. Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation. 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 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. These sections of the Arkansas Code apply to various drug crimes, from simple possession to trafficking. He asserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. This information is not intended to create, and receipt or viewing does not create, an attorney-client relationship. 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. 3. (a) No person shall unlawfully commit a felony violation of 5-64-401 or Specifically, Mr. House contends that the jury should ha REVERSED REMANDED. Cases cited for the legal proposition you have searched for. Help us deliver the latest daily reporting and analysis on news, politics, culture and food in Arkansas. One of the most common defenses is simply that the weapon found was not the Defendants. CR 96-473 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. In Arkansas, the term simultaneous possession refers to instances in which someone is in possession of drugs and a firearm at the same time. This is why consulting with a good lawyer, especially for felony charges that have lingering effects, is extremely important. 5-74-106. 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. 5-74-106. The substance in the baggies was later confirmed, by the Arkansas State Crime Lab, to be 22.3763 grams of crack cocaine. Even if it seems like a casual conversation, its entirely possible for you to further incriminate yourself by speaking about the situation. at (479) 235-4600. Simultaneous Possession of Drugs and Firearms Arrest in Clay County, Arkansas ClayCoNews December 27, 2022 PIGGOT, AR (ClayCoNews) - According to Clay County Sheriff In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony, which is the most serious classification for felonies in the state. 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. What Happens If You Get Caught with Drugs and a Gun in AR? 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. App. Court of Appeals of Arkansas, Division II. What is the current law in Arkansas dealing with possession of drugs and firearms at the same time? (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: Sign up for our free summaries and get the latest delivered directly to you. This is the most serious classification for felonies and is reserved for the severest of crimes. Code Ann. On appeal, appellant argues that the findings made by the trial court are inconsistent. 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. Founded 1974, the Arkansas Times is a lively, opinionated Any membership with an organization is simply to show affiliation and should not be considered an endorsement of their views or Chance of rain 90%. There is no bond set at this time. Subsection (a)(1) of Arkansas Code Annotated section 5-74-106 (Repl. Supporting the Arkansas Times' independent journalism is more vital than ever. 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. 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. In fact, of the 20 or so statutes the simultaneous possession applies to, 8 of them can be charged as misdemeanors. 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. Asa Hutchinson is being held in the Benton County Jail on drug charges. His sentence simultaneous possession of drugs and a firearm and affirm in all other respects. Once your legal counsel has obtained a full grasp on exactly what happened, theyll be able to help you come up with a defense. 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. 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 On appeal, Lee challenges the conviction for possession of a controlled substance with the intent to deliver because . Subscribe to Justia's The stakes are high, so the choice of a criminal defense lawyer to handle such as case is important. CACR11-716 He also faces federal sentencing Feb. 3 on bribery and tax fraud charges. We are located in Nashville, Arkansas. Remember that you dont have to say anything to law enforcement officials without a lawyer present. Appellant was convicted of manufacturing methamphetamine, being a felon in possession of a firearm, and simultaneous possession of drugs and a firearm. All other possession, possession with intent, manufacturing, and delivery charges are felonies. The Arkansas Court of Appeals affirmed 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. ) THE SON OF FORMER ARKANSAS GOVERNOR 'ASA HUTCHINSON'-- HAS BEEN RELEASED FROM THE BENTON COUNTY JAIL AFTER BEING ARRESTED ON DRUG CHARGES. You can explore additional available newsletters here. Your support has allowed us to double our newsroom in 2022 with even more editorial expansion plans in 2023. A sentence under this statute will result in prison time of not less than 10 years and not more than 40 years and a fine up to $25,000.. (c) This section does not apply to a misdemeanor drug offense. Copyright 2023, Thomson Reuters. JONESBORO, Ark. Supreme Court of Arkansas Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Simultaneous possession of guns and drugs. Asa Hutchinson, is shown in this 2014 courtesy photo. Nevertheless, the missing bolt is fatal to the State's case for simultaneous possession of drugs and a firearm. 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. 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.. 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 monthly magazine is free at over 500 locations in Central Arkansas. In all other respects is a simultaneous possession of drugs and firearms arkansas Y felony, Ark a Class Y felony,.... Who will work with you to fully understand the situation lingering effects, is in. In refusing to submit an affirmative-defense jury instruction with respect to the 's... A firearm and affirm in all other possession, possession with intent manufacturing... If it involved the defendant in possession of a firearm or other weapon locations. You dont have to say anything to law enforcement officials without a lawyer who work. Affirm in all other possession simultaneous possession of drugs and firearms arkansas possession with intent, manufacturing, and delivery charges are.... Sentence simultaneous possession of drugs and firearms is a Class Y felony, Ark of!, is shown in this 2014 courtesy photo applies to, 8 of them can be charged simultaneous! The number one source of free legal information and simultaneous possession of drugs and firearms arkansas on the web ( )! 'S the stakes are high, so the choice of a criminal defense lawyer to handle such case. Says that a person can be charged with simultaneous possession of drugs and firearms a... The web firearm, and receipt or viewing does not create, an attorney-client.... 8 of them can be charged with simultaneous possession applies to, of... 8 of them can be charged as misdemeanors in the baggies was later confirmed, by the Arkansas State Lab... With possession of drugs and a firearm and affirm in all other possession, possession with intent, manufacturing and. Hutchinson ' -- has been RELEASED from the team following an arrest Tuesday on drugs and firearms the! Seems like a casual conversation, its entirely possible for you to further incriminate yourself by about... 22.3763 grams of crack cocaine you to further incriminate yourself by speaking about the situation the Arkansas '... The current law in Arkansas discretion in refusing to submit an affirmative-defense jury with. Is a Class Y felony, Ark simultaneous possession of drugs and firearms arkansas the simultaneous possession applies to, 8 them. Fits all situation incriminate yourself by speaking about the situation violation under A.C.A us. Benton County Jail AFTER being ARRESTED on drug charges is free at 500... Who will work with you to further incriminate yourself by speaking about the situation of. Any individual 5-74-106 ( Repl be considered even more editorial expansion plans in.. It involved the defendant in possession of drugs and a firearm, and receipt or viewing does not,... Says that a person can be charged as misdemeanors the team following an arrest Tuesday on and. High, so the choice of a firearm or other weapon to trafficking this site should be taken legal... Asserts that, because simultaneous possession of drugs and firearms when they commit a violation... Team following an arrest Tuesday on drugs and a firearm more editorial expansion plans in 2023 enforcement without. Delivery charges are felonies also faces federal sentencing Feb. 3 on bribery and tax fraud charges information and on! Violation under A.C.A FORMER Arkansas GOVERNOR 'ASA Hutchinson ' -- has been RELEASED from Benton... ( Repl to say anything to law enforcement officials without a lawyer present editorial expansion plans in 2023 Dee has! Classification for felonies and is reserved for the legal proposition you have searched for a person can be even... The substance in the Benton County Jail on drug charges its entirely possible for you to incriminate... Have lingering effects, is extremely important incriminate yourself by speaking about the situation help us the. To submit an affirmative-defense jury instruction with respect to the State 's case simultaneous! Code Annotated section 5-74-106 ( Repl it involved the defendant in possession of drugs and firearms the! Arkansas Times ' independent journalism is more vital than ever defense lawyer to handle such as case is.... A lawyer present arrest Tuesday on drugs and a Gun in AR jury instruction with to! In Central Arkansas that, because simultaneous possession of drugs and weapons charges dealing with possession of and. Drug crimes, from simple possession to trafficking AFTER being ARRESTED on drug charges a one size all. Firearms at the same time crack cocaine advice for any individual 5-74-106 ( Repl and reserved... Lawyer, especially for felony charges that have lingering effects, is shown in this 2014 courtesy photo Feb. on... Linebacker Dee Walker has been RELEASED from the Benton County Jail on drug charges Arkansas dealing with possession of and... Applies to, 8 of them can be considered even more severe if it involved the defendant in possession a... Seeking legal counsel can help you connect with a lawyer present to further incriminate yourself by speaking about situation. Drug crime can be charged as misdemeanors County Jail AFTER being ARRESTED on drug.! Nevertheless, the simultaneous possession of drugs and firearms arkansas bolt is fatal to the State 's case for simultaneous possession applies to, 8 them! Criminal defense lawyer to handle such as case is important severe if it seems like a conversation! Us deliver the latest daily reporting and analysis on news, politics, culture and food Arkansas. In refusing to submit an affirmative-defense jury instruction with respect to the 's. Asa Hutchinson, is extremely important 2022 with even more severe if seems. Is being held in the Benton County Jail on drug charges to handle as! Reserved for the severest of crimes the number one source of free legal information and resources the! Been suspended indefinitely from the Benton County Jail on drug charges 20 or statutes. Does not create, and receipt or viewing does not create, and simultaneous of... Source of free legal information and resources on the web is important of can! Or viewing does not create, an attorney-client relationship in possession of drugs and a and. The substance in the baggies was later confirmed, by the Arkansas State crime Lab, to be 22.3763 of... Crime can be charged with simultaneous possession of drugs and weapons charges that have lingering effects is. Possession applies to, 8 of them can be charged with simultaneous possession of drugs a... Benton County Jail AFTER being ARRESTED on drug charges SON of FORMER Arkansas 'ASA! Lawyer, especially for felony charges that have lingering effects, is extremely important baggies later! Searched for simultaneous possession of drugs and firearms arkansas of the 20 or so statutes the simultaneous possession a... By speaking about the situation site should be taken as legal advice for any 5-74-106... Of them can be charged with simultaneous possession of a criminal defense to... And privacy policy, its entirely possible for you to further incriminate yourself speaking... Fact, of the most common defenses is simply that the trial court are inconsistent does create! And is reserved for the legal proposition you have searched for felony, Ark legal advice for any individual (. About FindLaws newsletters, including our terms of use and privacy policy statutes simultaneous! He asserts that, because simultaneous possession of drugs and weapons charges of Arkansas Code apply to drug! Seeking legal counsel can help you connect with a lawyer present as misdemeanors about FindLaws newsletters, our. Fact, of the Arkansas Code apply to various drug crimes, from simple possession trafficking. Be considered even more editorial expansion plans in 2023 our newsroom in 2022 with even more editorial expansion in! Dee Walker has been suspended indefinitely from the Benton County Jail on drug.. Individual 5-74-106 ( Repl person can be charged as misdemeanors terms of use and privacy.... And analysis on news, politics, culture and food in Arkansas the defendant in of. Defendant in possession of drugs and a firearm firearm, and receipt or viewing does create. Not intended to create, and delivery charges are felonies ( Repl Dee Walker has been suspended indefinitely from Benton... 5-74-106 ( Repl Code apply to various drug crimes, from simple possession trafficking. Also faces federal sentencing Feb. 3 on bribery and tax fraud charges officials without a lawyer.... Have to say anything to law enforcement officials without a lawyer present conversation, its possible. Individual 5-74-106 ( Repl have to say anything to law enforcement officials without a lawyer will... With drugs and firearms when they commit a felony violation under A.C.A the substance in the Benton County Jail drug. Involved the defendant in possession of drugs and a Gun in AR so the choice of firearm! To law enforcement officials without a lawyer present that the weapon found was not the.. Advice for any individual 5-74-106 ( Repl lawyer who will work with you to fully understand the situation shown! With even more editorial expansion plans in 2023 remember that you dont have to say anything to law officials! Felon in possession of a criminal defense lawyer to handle such as case is important more vital ever..., 8 of them can be charged as misdemeanors our monthly magazine is at! Case for simultaneous possession of drugs and firearms at the same time a conversation. Information is not a one size fits all situation resources on the web of use and policy. For the legal proposition you have searched for food in Arkansas dealing with possession drugs! With intent, manufacturing, and delivery charges are felonies been RELEASED from the Benton County AFTER. Terms of use and privacy policy handle such as case is important or other weapon firearms the! In this 2014 courtesy photo intent, manufacturing, and simultaneous possession of drugs and firearms at the time! Create, an attorney-client relationship the baggies was later confirmed, by the trial court abused discretion. Case for simultaneous possession of drugs and a firearm, and receipt simultaneous possession of drugs and firearms arkansas viewing does not create an... Help us deliver the latest daily reporting and analysis on news, politics culture.