05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession Interact directly with CaseMine users looking for advocates in your area of specialization. Simultaneous Possession of Drugs and Firearms. They carry penalties that can include thousands of dollars in fines and years of incarceration. If you have a problem we are unable to help you with we will happily refer you to another attorney or firm. 5-74-106 - Simultaneous possession of drugs and firearms. Does everyone charged with these crimes face the same consequences? Winds SSW at 10 to 20 mph. 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. 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. No member of the firm has been certified by any board Simultaneous Possession of Drugs and Firearms and Endangering the Welfare of a Minor 1st degree. Here, the judgment entered in CR-2010-1022 is facially invalid to the extent that it orders probation for the Class Y felony of simultaneous possession of drugs and this claim. Arkansas class Y drug offenses and parole eligibility. The information on this website is for general information purposes only. (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. 5-74-106(b) (Repl. 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. The information on this website is for information only. Supporting the Arkansas Times' independent journalism is more vital than ever. He was placed on probation for a period of sixty months for these offensehis probation for simultaneous possession of drugs and firearms. This is why consulting with a good lawyer, especially for felony charges that have lingering effects, is extremely important. You're all set! Nevertheless, the missing bolt is fatal to the State's case for simultaneous possession of drugs and a firearm. 1997), a class Y felony, and three other drug-related offenses. 2 counts simultaneous possession of drugs and firearms, 2 Court of Appeals of Arkansas, Division III. 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. In fact, we recommend that you dont speak to them until a lawyer is with you. However, only a few drug crimes are misdemeanors. However, being convicted of drug charges in conjunction with other charges can result in even more serious legal consequences in Arkansas. Many drug cases involve search and seizure issues, and I am a nationally known expert on search and seizure law. | Last updated March 26, 2008. 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. Anyone found guilty of violating this section of the Arkansas law will be charged with a Class Y felony, which is the most serious felony charge you can receive in the state. Simultaneous possession of guns and drugs. Appellant Keraig House was convicted in a jury trial of simultaneous possession of firearms, possession of methamphetamine with intent to deliver, maintaining a drug premises, and possession of drug paraphernalia. What should I do if Ive been charged with simultaneous possession? All rights reserved. Please try again. Chance of rain 90%. 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? 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. 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. Code Ann. Charles Edward RAY v. STATE of Arkansas 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. The latest breaking updates, delivered straight to your email inbox. 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. This is not a one size fits all situation. We have handled thousands of drug cases and have obtained favorable outcomes for past clients, including case dismissals, not guilty verdicts, and reductions of charges. What additional charges would make a drug-related charge even more serious? These sections of the Arkansas Code apply to various drug crimes, from simple possession to trafficking. 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. 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. The relevant facts are not in dispute. 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 -- 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. In order to be charged with simultaneous possession in the state of Arkansas, the accused must have committed a felony violation of Arkansass drug laws in addition to being in possession of a firearm or another weapon that could be used to inflict serious injury or death. If you have been charged, have a criminal defense lawyer review and evaluate your case. Ark. Stephens was charged with speeding, simultaneous possession of drugs and firearms and three different charges of possession of a controlled substance. If youre convicted of a crime involving drugs, youre likely to be facing hefty fines and years in prison. for specialization in any particular field of practice. We reasoned that, without ammunition, a firearm is not "readily accessible compel a conclusion one way or another. Am I definitely going to jail if I receive a simultaneous possession charge? 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. Disclaimer: The son of former Arkansas Gov. 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. 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. 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 He was booked in 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. What are the specifics of the Arkansas Simultaneous Possession law? He was sentenced to two concurrent seventeen-yefound. 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. 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 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. "No bond has been set. Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation. On appeal, Lee challenges the conviction for possession of a controlled substance with the intent to deliver because . Arkansas may have more current or accurate information. Simultaneous possession of drugs and firearms is prohibited under A.C.A. 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. According 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. 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. P. 24.3(b), provides the only procedure for an appeal from a conviction based on a case deals with a probation revocation. Charles Edward Ray pleaded guilty to, and was convicted of, simultaneous possession of drugs and a firearm, Ark. One of the most common defenses is simply that the weapon found was not the Defendants. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Court of Appeals of Arkansas, Division II. Each case is different and what we may be able to do for you cannot be known until we look at all of the evidence. ARKANSAS COURT OF APPEALS DIVISION II Manufacturing crude methamphetamine has become relatively easy, and more and more people are looking for a fast buck in making it. 5-74-106 (Repl. Founded 1974, the Arkansas Times is a lively, opinionated The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. Mr. Colbert was charged with possession of a controlled substance with intent to deliver and with simultaneous possession of drugs and a firearm. The son of former Arkansas Gov. The reason that the potential penalties for simultaneous possession are so high is likely because of what the offense suggests. 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. DEPUTIES WITH THE BENTON COUNTY SHERIFF'S OFFICE ARRESTED 47-YEAR- OLD 'WILLIAM ASA HUTCHINSON' ON FRIDA. Class Y felonies are punishable 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. The younger Hutchinson has previous arrests on similar charges. In fact, of the 20 or so statutes the simultaneous possession applies to, 8 of them can be charged as misdemeanors. 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. Lavelle EVANS, Petitioner v. STATE of Arkansas, Respondent 5-74-106. Founded 1974, the Arkansas Times is a lively, opinionated source for news, politics & culture in Arkansas. Our monthly magazine is free at over 500 locations in Central Arkansas. 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.". You already receive all suggested Justia Opinion Summary Newsletters. In the state of Arkansas, drug-related criminal charges are truly no joke. 4. Charges for offenses involving drugs are serious. In order to be charged with simultaneous possession in the state of Arkansas, the accused must have To schedule a consultation with us, call (479) 235-4600 or submit an online contact form. CACR11-716 Class Y felonies are punishable by 10 to 40 years or life in prison. Please support our mission with a subscription or contribution today. Code Ann. If youve been charged with a drug-related crime, its time to. 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.
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simultaneous possession of drugs and firearms arkansas