The stakes are high, so the choice of a criminal defense lawyer to handle such as case is important. Multiple drugs and guns were seized and five people on parole were arrested at three locations in El Dorado to kickstart 2023. In Arkansas, the term simultaneous possession refers to instances in which someone is in possession of drugs and a firearm at the same time. 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. The first thing you should do when charged with any crime, including simultaneous possession, is get in touch with an attorney. 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. 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. court opinions. Manufacturing crude methamphetamine has become relatively easy, and more and more people are looking for a fast buck in making it. 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. However, thats not the only defense that can be raised. 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. Simultaneous possession of drugs and firearms is prohibited under A.C.A. He was booked in Copyright 2023 KAIT. 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. Richard Duncan appeals from his conviction on charges of possession of a controllfirearms, possession of a prohibited weapon, possession of a controlled substance-marijuana (third offense), and felon in possession of a firearm. 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. 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. Help us deliver the latest daily reporting and analysis on news, politics, culture and food in Arkansas. Heasserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. Simultaneous Possession of Drugs and Firearms Arrest in Clay County, Arkansas ClayCoNews December 27, 2022 PIGGOT, AR (ClayCoNews) - According to Clay County Sheriff We have the ability to help many people but there are times when we get calls outside our practice area. That offense requires that there be a firearm as defined in section 5-1-102(6) a . Any membership with an organization is simply to show affiliation and should not be considered an endorsement of their views or 1993), possession of dru This is the most serious classification for felonies and is reserved for the severest of crimes. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Deputies with the Benton County Sheriff's Office arrested William Asa Hutchinson III, 47, Friday on several charges. For instance, manufacturing less than 2 grams of methamphetamine, heroin, or cocaine is a Class C felony. What should I do if Ive been charged with simultaneous possession? 2 counts simultaneous possession of drugs and firearms, 2 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. Subsection (a)(1) of Arkansas Code Annotated section 5-74-106 (Repl. 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 -- Asa Hutchinson, is shown in this 2014 courtesy photo. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County Sheriffs Office. 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. This information is not intended to create, and receipt or viewing does not create, an attorney-client relationship. Former governor's son arrested on drug charges in Benton County, continuing the work that Dr King left for us." All other possession, possession with intent, manufacturing, and delivery charges are felonies. 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. The 47-year-old son of former Arkansas Gov. 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. Essentially, the law says that a person commits In these cases, additional charges and penalties can be imposed, and they are not light punishments. Code Ann. for specialization in any particular field of practice. 5-64-419 through 5-64-442. They can let you know your options and develop a legal strategy for your unique situation. Simultaneous Possession of Drugs and Firearms and Endangering the Welfare of a Minor 1st degree. or viewing does not constitute, an attorney-client relationship. Supporting the Arkansas Times' independent journalism is more vital than ever. You already receive all suggested Justia Opinion Summary Newsletters. Court of Appeals of Arkansas, Division III. 05/13/2018 Seneca - New Riegel woman arrested According to court documents, the. *The case results on this website do not suggest that we will be able to do the same for you. The law states that a person can raise as a defense the fact that they were in their own home and the gun was not immediately accessible or usable. Charles Edward Ray pleaded guilty to, and was convicted of, simultaneous possession of drugs and a firearm, Ark. The information on this website is for information only. 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. Disclaimer: These codes may not be the most recent version. However, being convicted of drug charges in conjunction with other charges can result in even more serious legal consequences in Arkansas. Please support our mission with a subscription or contribution today. 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 This fact alone is something to take seriously with just a few bad decisions, you might end up with lifelong consequences. Contact us: contact@swarkansasnews.com. 5-74-106 - Simultaneous possession of drugs and firearms. On appeal, appellant argues that the findings made by the trial court are inconsistent. 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 Mr. Colbert was charged with possession of a controlled substance with intent to deliver and with simultaneous possession of drugs and a firearm. 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. 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 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 Lavelle EVANS, Petitioner v. STATE of Arkansas, Respondent If you have been charged, have a criminal defense lawyer review and evaluate your case. Simultaneous Possession Of Drugs and Firearms in Arkansas. Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation. 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.. In fact, of the 20 or so statutes the simultaneous possession applies to, 8 of them can be charged as misdemeanors. He was sentenced to two concurrent seventeen-yefound. (3). child bait You can do it for as little as $1. 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. 5-74-106 (Repl. Founded 1974, the Arkansas Times is a lively, opinionated In the state of Arkansas, drug-related criminal charges are truly no joke. CA CR 07-276 Founded 1974, the Arkansas Times is a lively, opinionated source for news, politics & culture in Arkansas. Arkansas class Y drug offenses and parole eligibility. Charles Edward RAY v. STATE of Arkansas Appellant was convicted of manufacturing methamphetamine, being a felon in possession of a firearm, and simultaneous possession of drugs and a firearm. 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. 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. High 68F. and simultaneous possession of drugs and firearms, a felony. 5-74-106. P. 24.3(b), provides the only procedure for an appeal from a conviction based on a case deals with a probation revocation. Searcy Police Department along with the Central Arkansas Drug Task Force and White County Sheriff's Office conducted a drug bust. Simultaneous possession of drugs and firearms is prohibited under A.C.A. of Nothing on this site is meant to create an expectation of a particular result. The son of former Arkansas Gov. ANNABELLE CLINTON IMBER, Justice. An attorney-client relationship can only be formed when terms have been reached and memorialized in a writing signed by both parties. 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. The Bi-State Narcotics Task Force recently served a warrant in Texarkana Arkansas resulting in Marcus Martin being arrested and charged with simultaneous possession of drugs 5-74(1992); Sisk v. State, supra. 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. Many want to know the answers to two main questions: what is the law/what are the. On appeal, Lee challenges the conviction for possession of a controlled substance with the intent to deliver because . Thank you. 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. 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 CR 96-473 Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons 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. 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. If you have been charged with a drug crime in Northwest Arkansas, contactNorwood & Norwood, P.A. (a) No person shall unlawfully commit a felony violation of 5-64-401 or This information is not intended to create, and receipt Documents, the Arkansas Times ' independent journalism is more vital than.. 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