Essentially, the law says that a person commits a crime when they have both drugs and a gun or other weapon on them. Nothing on this site should be taken as legal advice for any individual court opinions. CA CR 07-276 Although these are serious charges, and should be treated as such, with the right attorney by your side you have a much better chance at navigating through what can be murky legal water. In fact, of the 20 or so statutes the simultaneous possession applies to, 8 of them can be charged as misdemeanors. 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. Simultaneous possession of guns and drugs. 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. Class Y felonies are punishable 5-74-106. These sections of the Arkansas Code apply to various drug crimes, from simple possession to trafficking. SON OF Arkansas may have more current or accurate information. Contact us: contact@swarkansasnews.com. Deputies with the Benton County Sheriff's Office arrested William Asa Hutchinson III, 47, Friday on several charges. 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. We are located in Nashville, Arkansas. (a) No person shall unlawfully commit a felony violation of 5-64-401 or an indication of any specialized knowledge on the part of any firm members. 3. Interact directly with CaseMine users looking for advocates in your area of specialization. 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. Code Ann. 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? 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. Your support has allowed us to double our newsroom in 2022 with even more editorial expansion plans in 2023. Founded 1974, the Arkansas Times is a lively, opinionated source for news, politics & culture in Arkansas. 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. He was sentenced as a habitual offender to an aggregate term of 960 months' imprisonment and a fine of $10,000. Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation. Each appellee was originally sentenced by the trial court to a term of ten this appeal. Many want to know the answers to two main questions: what is the law/what are the. 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession of drugs and firearms. 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. 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. 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. 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. The email address cannot be subscribed. Investigation turns into a drug bust in White County, Former police chief charged with felony after selling gun to pawn shop, A-State sees little to no complaints after TikTok Wi-Fi ban, Antidrag bill hearing scheduled for Thursday, Blytheville police issue warrant for murder suspect. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County CR 96-473 What Happens If You Get Caught with Drugs and a Gun in AR? He was placed on probation for a period of sixty months for these offensehis probation for simultaneous possession of drugs and firearms. 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession ARKANSAS COURT OF APPEALS DIVISION II (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. Cases cited for the legal proposition you have searched for. Stephens was charged with speeding, simultaneous possession of drugs and firearms and three different charges of possession of a controlled substance. What Is Simultaneous Possession of Drugs and Firearms? This site is protected by reCAPTCHA and the Google, There is a newer version Nothing on this site is meant to create an expectation of a particular result. 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. 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. Help us deliver the latest daily reporting and analysis on news, politics, culture and food in Arkansas. Stay up-to-date with how the law affects your life. Code Ann. All other possession, possession with intent, manufacturing, and delivery charges are felonies. DEPUTIES WITH THE BENTON COUNTY SHERIFF'S OFFICE ARRESTED 47-YEAR- OLD 'WILLIAM ASA HUTCHINSON' ON FRIDA. 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. 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. 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. 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 In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony. 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 fact alone is something to take seriously with just a few bad decisions, you might end up with lifelong consequences. 418 N Main St. Nashville, Arkansas 71852 Contact us: 870-845-0600. P. 24.3(b), provides the only procedure for an appeal from a conviction based on a case deals with a probation revocation. We started the Times 48 years ago to stand up for education, tolerance, and honest government. They can let you know your options and develop a legal strategy for your unique situation. *The case results on this website do not suggest that we will be able to do the same for you. If you have been charged with a drug crime in Northwest Arkansas, contactNorwood & Norwood, P.A. If youre convicted of a crime involving drugs, youre likely to be facing hefty fines and years in prison. No. 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. Copyright 2023, Thomson Reuters. Supreme Court of Arkansas a Pulaski County jury of simultaneous possession of drugs and firearms and possession of a controlled substance with the intent to deliver. Many drug cases involve search and seizure issues, and I am a nationally known expert on search and seizure law. Any membership with an organization is simply to show affiliation and should not be considered an endorsement of their views or 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. 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. Charges for offenses involving drugs are serious. 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. 5-74-106. Appellant's sole point on appeal is that he canno If they get caught, the penalties and forfeitures are extremely harsh. Please check official sources. A conviction can result in decades to life in prison. ) THE SON OF FORMER ARKANSAS GOVERNOR 'ASA HUTCHINSON'-- HAS BEEN RELEASED FROM THE BENTON COUNTY JAIL AFTER BEING ARRESTED ON DRUG CHARGES. 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. JOSEPHINE LINKER HART , Judge Simultaneous Possession of Drugs and Firearms and Endangering the Welfare of a Minor 1st degree. (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 information on this website is for information only. 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. All rights reserved. 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. 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simultaneous possession of drugs and firearms arkansas
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