One of the most common defenses is simply that the weapon found was not the Defendants. This is not a one size fits all situation. (a) No person shall unlawfully commit a felony violation of 5-64-401 or (KAIT) - A White County woman is facing charges of selling pills possibly laced with fentanyl. Nevertheless, the missing bolt is fatal to the State's case for simultaneous possession of drugs and a firearm. ARKANSAS COURT OF APPEALS DIVISION II 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. We affirm the judgment of the trial court. Class Y felonies are punishable by 10 to 40 years or life in prison. The information on this website is for information only. Essentially, the law says that a person commits 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. But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. 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. Code Ann. If youve been charged with a drug-related crime, its time to. 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. | Last updated March 26, 2008. Stephens was charged with speeding, simultaneous possession of drugs and firearms and three different charges of possession of a controlled substance. Your support has allowed us to double our newsroom in 2022 with even more editorial expansion plans in 2023. Multiple drugs and guns were seized and five people on parole were arrested at three locations in El Dorado to kickstart 2023. (3). 5-74(1992); Sisk v. State, supra. Our monthly magazine is free at over 500 locations in Central Arkansas. 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. Winds SSW at 10 to 20 mph. (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 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. No. 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. 5-74-106. For instance, manufacturing less than 2 grams of methamphetamine, heroin, or cocaine is a Class C felony. R. Crim. The younger Hutchinson has previous arrests on similar charges. Thunderstorms likely. Stay up-to-date with how the law affects your life. 2023, Arkansas Hearst Television Inc. on behalf of KHBS-TV. On appeal, Lee challenges the conviction for possession of a controlled substance with the intent to deliver because . ANNABELLE CLINTON IMBER, Justice. A Polk County jury convicted Vincent Byron Fett of possession of marijuana with inappeal, Fett challenges only his conviction for simultaneous possession of drugs and firearms. 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 There is also a ten year mandatory minimum up to a maximum of life imprisonment for class Y felonies. 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. The substance in the baggies was later confirmed, by the Arkansas State Crime Lab, to be 22.3763 grams of crack cocaine. 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. Hes been arrested for DWI before. A data geek charts it out. Even if it seems like a casual conversation, its entirely possible for you to further incriminate yourself by speaking about the situation. According Appellant's sole point on appeal is that he canno 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. Each appellee was originally sentenced by the trial court to a term of ten this appeal. ROBIN F. WYNNE, Judge Court of Appeals of Arkansas, Division III. He was booked in case or situation. 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 Simultaneous possession of drugs and firearms is a Class Y felony in Arkansas, which could result in a sentence of 10 to 40 years or life in prison. The charge only applies if the accused is in possession of a felony controlled substance if theyre in possession of one of the substances that Arkansas considers a misdemeanor, they cannot be charged with simultaneous possession. 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. 5-74-106 (Repl. 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. 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 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? 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. JONESBORO, Ark. The Arkansas Court of Appeals affirmed Does everyone charged with these crimes face the same consequences? We started the Times 48 years ago to stand up for education, tolerance, and honest government. Evidence sufficient to sustain conviction for simultaneous possession of drugs firearms trial court affirmed. 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 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. 3. 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. In order to be charged with simultaneous possession in the state of Arkansas, the accused must have 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. Ark. You can explore additional available newsletters here. for specialization in any particular field of practice. You're all set! 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. (b) Any person who violates this section is guilty of a Class Y felony. CR 96-473 Interact directly with CaseMine users looking for advocates in your area of specialization. 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. What are the specifics of the Arkansas Simultaneous Possession law? In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony, which is the most serious classification for felonies in the state. Sign up for our free summaries and get the latest delivered directly to you. We have the ability to help many people but there are times when we get calls outside our practice area. of Simultaneous possession of drugs and firearms. Copyright 2023, Thomson Reuters. Please check official sources. The stakes are high, so the choice of a criminal defense lawyer to handle such as case is important. This is why consulting with a good lawyer, especially for felony charges that have lingering effects, is extremely important. Save up to 50% off on Le Creuset Cookware During the 2023 Winter Savings Event, What Is Amazon Warehouse? Or delivering less than 200 grams of a Schedule IV or V controlled substance is a Class D felony. Simultaneous possession of guns and drugs. 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. Supreme Court of Arkansas 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. Contact us. 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. 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. Nothing is definite in this situation. Free Newsletters What additional charges would make a drug-related charge even more serious? He was sentenced as a habitual offender to an aggregate term of 960 months' imprisonment and a fine of $10,000. 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. An attorney-client relationship can only be formed when terms have been reached and memorialized in a writing signed by both parties. 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. 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. The trial court merged the felon-in-possession-of-a-firearm charge into the simultaneous-possession-of-drugs-and- the presumptive weight (one ounce) for possession with intent to deliver, and appellant was in possession of four firearms; it has been recognized that a logical connection exists between the possession ofOF DRUGS FIREARMS EVIDENCE REQUIRED TO SUSTAIN CONVICTION. Code Ann. Simultaneous Possession Of Drugs and Firearms in Arkansas. If you have a problem we are unable to help you with we will happily refer you to another attorney or firm. Former governor's son arrested on drug charges in Benton County, continuing the work that Dr King left for us." The latest breaking updates, delivered straight to your email inbox. In fact, we recommend that you dont speak to them until a lawyer is with you. 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. 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: an indication of any specialized knowledge on the part of any firm members. They can let you know your options and develop a legal strategy for your unique situation. CA CR 07-276 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. 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. (c) This section does not apply to a misdemeanor drug offense. Appellant was convicted of manufacturing methamphetamine, being a felon in possession of a firearm, and simultaneous possession of drugs and a firearm. In these cases, additional charges and penalties can be imposed, and they are not light punishments. Asa Hutchinson is being held in the Benton County Jail on drug charges. ) THE SON OF FORMER ARKANSAS GOVERNOR 'ASA HUTCHINSON'-- HAS BEEN RELEASED FROM THE BENTON COUNTY JAIL AFTER BEING ARRESTED ON DRUG CHARGES. 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 . 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. (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. Our newsroom is funded by more than 3,000 Arkansans who support us with contributions and digital subscriptions. The relevant facts are not in dispute. 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. Supporting the Arkansas Times' independent journalism is more vital than ever. Disclaimer: These codes may not be the most recent version. by Hugo | Nov 30, 2022 | Drug Offenses, Uncategorized | 0 comments. 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. SON OF 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.. If youre convicted of a crime involving drugs, youre likely to be facing hefty fines and years in prison. This is the most serious classification for felonies and is reserved for the severest of crimes. Any membership with an organization is simply to show affiliation and should not be considered an endorsement of their views or 5-74-106 - Simultaneous possession of drugs and firearms. Chance of rain 90%. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. You can do it for as little as $1. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. You already receive all suggested Justia Opinion Summary Newsletters. What Happens If You Get Caught with Drugs and a Gun in AR? 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. The 47-year-old son of former Arkansas Gov. This field is for validation purposes and should be left unchanged. As with all criminal cases, the defenses available in a particular case depend on the specific facts and circumstances of that case. However, thats not the only defense that can be raised. William Asa Hutchinson III, son of former Arkansas Gov. Specifically, Mr. House contends that the jury should ha REVERSED REMANDED. Disclaimer: Any questions about the site can be addressed to John Collins at 501-603-9911. Please try again. 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.. As we mentioned above, those in possession of drugs considered misdemeanor violations cant be charged with simultaneous possession. Read the full article. 5-74-106(b) (Repl. Simultaneous Possession of Drugs and Firearms. 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