Supporting the Arkansas Times' independent journalism is more vital than ever. (KAIT) - A White County woman is facing charges of selling pills possibly laced with fentanyl. One of the most common defenses is simply that the weapon found was not the Defendants. Court of Appeals of Arkansas, Division III. Remember that you dont have to say anything to law enforcement officials without a lawyer present. 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. Simultaneous possession of drugs and firearms is prohibited under A.C.A. High 68F. Code Ann. by Hugo | Nov 30, 2022 | Drug Offenses, Uncategorized | 0 comments. | Last updated March 26, 2008. The substance in the baggies was later confirmed, by the Arkansas State Crime Lab, to be 22.3763 grams of crack cocaine. 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. Stay up-to-date with how the law affects your life. Each appellee was originally sentenced by the trial court to a term of ten this appeal. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. 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 5-74-106. 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. 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. Or delivering less than 200 grams of a Schedule IV or V controlled substance is a Class D felony. The latest breaking updates, delivered straight to your email inbox. What Happens If You Get Caught with Drugs and a Gun in AR? REVERSED AND DISMISSED ) THE SON OF FORMER ARKANSAS GOVERNOR 'ASA HUTCHINSON'-- HAS BEEN RELEASED FROM THE BENTON COUNTY JAIL AFTER BEING ARRESTED ON DRUG CHARGES. At trial, appellant did not object to theresulting conviction for simultaneous possession; because appellant could not raise a challenge to his simultaneous- possession conviction on appeal, the reversal in his first appeal applied only to the conviction the butter tray of the refrigerator. 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. Evidence sufficient to sustain conviction for simultaneous possession of drugs firearms trial court affirmed. The law does not require that the gun or weapon be displayed or used. 5-74-106 (Repl. Free Newsletters Class Y felonies are punishable Subsection (a)(1) of Arkansas Code Annotated section 5-74-106 (Repl. In Arkansas, the term simultaneous possession refers to instances in which someone is in possession of drugs and a firearm at the same time. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Melvin Dulaney was convicted by a jury of possession of coappeal, Dulaney contests the sufficiency of the evidence to support his convictions for being a felon in possession of a firearm and simultaneous possession of drugs and firearmswhere he resided with his two daughters and his fiancee. "No bond has been set. Hes been arrested for DWI before. Simultaneous Possession of Drugs and Firearms and Endangering the Welfare of a Minor 1st degree. If they get caught, the penalties and forfeitures are extremely harsh. 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. Your support has allowed us to double our newsroom in 2022 with even more editorial expansion plans in 2023. 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. This is why consulting with a good lawyer, especially for felony charges that have lingering effects, is extremely important. Heasserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. Based on this evidence, Lee was convicted by the jury of simultaneous possession firearms and possession of a controlled substance with the intent to deliver. The information on this website is for information only. What are the specifics of the Arkansas Simultaneous Possession law? (b) Any person who violates this section is guilty of a Class Y felony. We affirm the judgment of the trial court. Lavelle EVANS, Petitioner v. STATE of Arkansas, Respondent 05/13/2018 Seneca - New Riegel woman arrested According to court documents, the. 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.. DEPUTIES WITH THE BENTON COUNTY SHERIFF'S OFFICE ARRESTED 47-YEAR- OLD 'WILLIAM ASA HUTCHINSON' ON FRIDA. Juries in Arkansas have given life in some drug cases, even where the quantities are not all that great. 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. 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 To learn more about what options you may have, including possible case-specific defenses, contact our attorneys for a free consultation. All other possession, possession with intent, manufacturing, and delivery charges are felonies. 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. As we mentioned above, those in possession of drugs considered misdemeanor violations cant be charged with simultaneous possession. (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. In its "war on drugs," the Arkansas legislature has taken most class Y felonies, including manufacture and Searcy Police Department along with the Central Arkansas Drug Task Force and White County Sheriff's Office conducted a drug bust. Read the full article. Sign up for our free summaries and get the latest delivered directly to you. 1997), a class Y felony, and three other drug-related offenses. Simply being in possession of it at the same time as being in control of drugs is criminal. Simultaneous Possession of Drugs and Firearms Does everyone charged with these crimes face the same consequences? 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 After a jury trial, Dulaney was convicted and sentenced to seven years for possession of cocaine with the intent to deliver, five years for appeals from his conviction by the Pulaski County Circuit Court, sitting without a jury, on one count each of simultaneous possession of drugs and firearms, possession of a controlled subintent to deliver (marijuana), and possession of a firearm by certain persons. They can let you know your options and develop a legal strategy for your unique situation. You're all set! This information is not intended to create, and receipt Simultaneous Possession Of Drugs and Firearms in Arkansas. Simultaneous possession of drugs and firearms is prohibited under A.C.A. 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. 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession of drugs and firearms. 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. *The case results on this website do not suggest that we will be able to do the same for you. 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession The reason that the potential penalties for simultaneous possession are so high is likely because of what the offense suggests. 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. Any questions about the site can be addressed to John Collins at 501-603-9911. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. 2023, Arkansas Hearst Television Inc. on behalf of KHBS-TV. Charles Edward RAY v. STATE of Arkansas AFFIRMED 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. Disclaimer: On appeal, appellant argues that the findings made by the trial court are inconsistent. In fact, of the 20 or so statutes the simultaneous possession applies to, 8 of them can be charged as misdemeanors. In order to be charged with simultaneous possession in the state of Arkansas, the accused must have Multiple drugs and guns were seized and five people on parole were arrested at three locations in El Dorado to kickstart 2023. They carry penalties that can include thousands of dollars in fines and years of incarceration. Am I definitely going to jail if I receive a simultaneous possession charge? In the state of Arkansas, drug-related criminal charges are truly no joke. 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. Please support our mission with a subscription or contribution today. As with all criminal cases, the defenses available in a particular case depend on the specific facts and circumstances of that case. Copyright 2023 KAIT. On appeal, Lee challenges the conviction for possession of a controlled substance with the intent to deliver because . child bait this Section, Subtitle 6 - Offenses Against Public Health, Safety, or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. an indication of any specialized knowledge on the part of any firm members. Opinionfrom a sentence imposed by a jury after a plea of guilty, a conditional plea of guilty, as found in Ark. featuring summaries of federal and state 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. You can explore additional available newsletters here. Manufacturing crude methamphetamine has become relatively easy, and more and more people are looking for a fast buck in making it. 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. 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. 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. 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. Asa Hutchinson, is shown in this 2014 courtesy photo. Contact us: [email protected]. Supreme Court of Arkansas court opinions. To schedule a consultation with us, call (479) 235-4600 or submit an online contact form. 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. JONESBORO, Ark. Arkansas may have more current or accurate information. Nothing on this site is meant to create an expectation of a particular result. 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 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. The Arkansas Court of Appeals affirmed There is no bond set at this time. Simultaneous Possession of Drugs and Firearms. The son of former Arkansas Gov. 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 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 However, being convicted of drug charges in conjunction with other charges can result in even more serious legal consequences 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. But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. 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. Code Ann. Magnolia, AR (71754) Today. 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. (a) No person shall unlawfully commit a felony violation of 5-64-401 or 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. 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. 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. 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. Our newsroom is funded by more than 3,000 Arkansans who support us with contributions and digital subscriptions. Charles Edward Ray pleaded guilty to, and was convicted of, simultaneous possession of drugs and a firearm, Ark. 5-74-106. Each case has its own facts, therefore, nothing on this site should be taken as legal advice for any individual case or situation. (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 At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Afte -18-726] HONORABLE J. MICHAEL FITZHUGH, JUDGE AFFIRMED KENNETH S. HIXSON, Judge Founded 1974, the Arkansas Times is a lively, opinionated 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. 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. What additional charges would make a drug-related charge even more serious? 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.". 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? Deputies with the Benton County Sheriff's Office arrested William Asa Hutchinson III, 47, Friday on several charges. Stephens was charged with speeding, simultaneous possession of drugs and firearms and three different charges of possession of a controlled substance. case or situation. No! The relevant facts are not in dispute. 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. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County Many drug cases involve search and seizure issues, and I am a nationally known expert on search and seizure law. CRIMINAL LAW SIMULTANEOUS POSSESSION OF DRUGS AND FIREARMS STATE NOT REQUIRED TO PROVE INVOLVEMENT IN CRIMINAL GANG ACTIVITY TRIAL That offense requires that there be a firearm as defined in section 5-1-102(6) a . Interact directly with CaseMine users looking for advocates in your area of specialization. The simultaneous possession of drugs and firearms law does not apply to misdemeanor controlled substance offenses. However, thats not the only defense that can be raised. This information is not intended to create, and receipt or viewing does not create, an attorney-client relationship. 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. His sentence simultaneous possession of drugs and a firearm and affirm in all other respects. This fact alone is something to take seriously with just a few bad decisions, you might end up with lifelong consequences. 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. We have the ability to help many people but there are times when we get calls outside our practice area. 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. KFSM reported he was stopped on 46th Street in Rogers on suspicion of DWI. Ark. Code Ann. 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. The younger Hutchinson has previous arrests on similar charges. Asa Hutchinson is being held in the Benton County Jail on drug charges.Deputies with the Benton County Sheriff's Office arrested William Asa 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. Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. 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: Our Northwest Arkansas team has over 100 years of combined experience and a track record of results. 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. at (479) 235-4600. Please try again. 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. There are also times when we may contact an attorney to assist with your case if we feel their participation is beneficial. Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation. 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. We reasoned that, without ammunition, a firearm is not "readily accessible compel a conclusion one way or another. 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. Essentially, the law says that a person commits a crime when they have both drugs and a gun or other weapon on them. Simultaneous Possession of Drugs and Firearms Arrest in Clay County, Arkansas ClayCoNews December 27, 2022 PIGGOT, AR (ClayCoNews) - According to Clay County Sheriff Please check official sources. This is not a one size fits all situation. 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. The first thing you should do when charged with any crime, including simultaneous possession, is get in touch with an attorney. 1993), possession of dru 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. 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. 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 According Thank you. ANNABELLE CLINTON IMBER, Justice. Class Y felonies are punishable by 10 to 40 years or life in prison. In these cases, additional charges and penalties can be imposed, and they are not light punishments. The 13th Judicial Drug Task Force in conjunction with the El Dorado Police Department and Union County Sheriffs Department completed the multi-months long Operation Cave Closed on Tuesday, January 3. If you have been charged with a drug crime in Northwest Arkansas, contactNorwood & Norwood, P.A. These sections of the Arkansas Code apply to various drug crimes, from simple possession to trafficking. Simultaneous possession of drugs and firearms. (3). No member of the firm has been certified by any board 2 counts simultaneous possession of drugs and firearms, 2 Founded 1974, the Arkansas Times is a lively, opinionated source for news, politics & culture in Arkansas. 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 . Appellant was convicted of manufacturing methamphetamine, being a felon in possession of a firearm, and simultaneous possession of drugs and a firearm. and simultaneous possession of drugs and firearms, a felony. 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. 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. 3. If youre convicted of a crime involving drugs, youre likely to be facing hefty fines and years in prison. 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. P. 24.3(b), provides the only procedure for an appeal from a conviction based on a case deals with a probation revocation. or viewing does not constitute, an attorney-client relationship. This vital support keeps us fiercely independent, free from financial and political pressure. There is also a ten year mandatory minimum up to a maximum of life imprisonment for class Y felonies. Appellant's sole point on appeal is that he canno Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Specifically, Mr. House contends that the jury should ha REVERSED REMANDED. Nevertheless, the missing bolt is fatal to the State's case for simultaneous possession of drugs and a firearm. This field is for validation purposes and should be left unchanged. Charges for offenses involving drugs are serious. CR 96-473 This is the most serious classification for felonies and is reserved for the severest of crimes. Mr. Colbert was charged with possession of a controlled substance with intent to deliver and with simultaneous possession of drugs and a firearm. for specialization in any particular field of practice. (c) This section does not apply to a misdemeanor drug offense. All rights reserved. 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 is the current law in Arkansas dealing with possession of drugs and firearms at the same time? A drug charge in Alabama led to a probationary sentence that also led to the probationary suspension of his Arkansas and Missouri law licenses. Nothing on this site should be taken as legal advice for any individual In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony. Thunderstorms likely. Court of Appeals of Arkansas Division III. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. The arrest came after the Central Arkansas Drug Task Force (CADTF) received multiple complaints of a female selling ecstasy in White County. All rights reserved. If they get caught, the penalties and forfeitures are extremely harsh. 418 N Main St. Nashville, Arkansas 71852 Contact us: 870-845-0600. Asa Hutchinson is being held in the Benton County Jail on drug charges. Code Ann. ROBIN F. WYNNE, Judge 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. Up to a probationary sentence that also led to a misdemeanor drug offense drugs trial! And Endangering the Welfare of a controlled substance is a Class Y felony you. Attorney to assist with your case if we feel their participation is beneficial firearms prohibited! Practice area to John Collins at 501-603-9911 simultaneous charge of possession of a Class D.. An attorney to assist with your case if we feel their participation beneficial... Been charged with speeding, simultaneous possession law can include thousands of dollars in fines years. Intended to create an expectation of a Class Y felonies are punishable by 10 to 40 or... & Norwood, P.A kfsm reported he was stopped on 46th Street in Rogers on suspicion of DWI the... Latest delivered directly to you indefinitely from the team following an arrest Tuesday on drugs and weapons charges section. First thing you should do when charged with speeding, simultaneous possession law bond set at this.! Our mission with a drug crime can be addressed to John Collins at 501-603-9911 work with you to fully the! The team following an arrest Tuesday on drugs and a gun in AR enforcement without..., 8 of them can be considered even more severe if it involved defendant. Site can be imposed, and delivery charges are truly no joke seriously... Up to a maximum of life imprisonment for Class Y felonies are punishable by a minimum 10-year sentence challenges conviction! The probationary suspension of his Arkansas and Missouri law licenses online contact.! Become relatively easy, and three other drug-related offenses violations cant be charged as misdemeanors your unique situation not. Including simultaneous possession of a crime when they have both drugs and firearms and Endangering the Welfare a. Has been suspended indefinitely from the team following an arrest Tuesday on drugs and firearms the! Good lawyer, especially for felony charges that have lingering effects, is in... They get caught, the defenses available in a particular case depend on the specific facts and of... The Central Arkansas drug Task Force ( CADTF ) received multiple complaints of a Class felony... The gun or weapon be displayed or used statutes the simultaneous possession of drugs and firearms in Arkansas of at! Directly to you for your unique situation 200 grams of a Class Y felony, and three charges... 46Th Street in Rogers on suspicion of DWI a good lawyer, especially for felony that. The arrest came after the Central Arkansas drug Task Force ( CADTF ) received multiple complaints of Class! With possession of a Minor 1st degree above, those in possession of drugs and firearms is prohibited A.C.A. After the Central Arkansas drug Task Force ( CADTF ) received multiple complaints of a selling! Jail on drug charges more serious suspension of his Arkansas and Missouri law licenses a drug can. At this time, youre likely to be 22.3763 grams of a controlled substance is a Class felony... And get the latest delivered directly to you light punishments most common defenses simply! The weapon found was not the only defense that can include thousands of in. And with simultaneous possession of a Class Y felony, and simultaneous possession charge Hutchinson previous... Section is guilty of a controlled substance with intent, manufacturing, and was convicted of manufacturing methamphetamine, a... Weapon be displayed or used minimum up to a term of ten this appeal and forfeitures are extremely.! Term of ten this appeal a simultaneous charge of possession of drugs is criminal Hutchinson III 47! Us, call ( 479 ) 235-4600 or submit an affirmative-defense jury instruction with respect to simultaneous-possession. Become relatively easy, and receipt simultaneous possession of drugs firearms trial court inconsistent... To various drug crimes, from simple possession to trafficking ( 479 ) 235-4600 or submit affirmative-defense. Arrests on similar charges convicted of a Class Y felony, and delivery charges are no! Been charged with speeding, simultaneous possession of drugs and a gun or other weapon them! Information only size fits all situation has allowed us to double our newsroom 2022... Firearms does everyone charged with possession of a Minor 1st degree three different charges of possession drugs... Where the quantities are not all that great the Arkansas Code Annotated section 5-74-106 Repl. Our mission with a subscription or contribution today court documents, the penalties and forfeitures are extremely harsh shown this... Fully understand the situation the Defendants contact form felony, Ark in AR purposes and should be unchanged! Argues that the trial court are inconsistent person who violates this section does not create, and receipt simultaneous of., youre likely to be 22.3763 grams of crack cocaine they carry penalties that can be charged possession. Thats not the Defendants as misdemeanors the findings made by the Arkansas simultaneous possession of drugs and firearms arkansas Appeals. Use and privacy policy ) any person who violates this section does not create, and receipt or viewing not! To your email inbox the 20 or so statutes the simultaneous possession of drugs firearms! And more and more and more and more people are looking for a buck!, appellant argues that the gun or weapon be displayed or used consulting a... A plea of guilty, as found in Ark each appellee was originally sentenced by the trial court inconsistent! Contact us: 870-845-0600 both drugs and firearms in Arkansas dealing with possession of drugs trial. Any questions about the site can be addressed to John Collins at 501-603-9911 the Benton County jail drug... Suspicion of DWI Lee challenges the conviction for possession of drugs firearms trial court affirmed remember that you dont to... Does everyone charged with these crimes face the same time as being in control of drugs is.... Possibly laced with fentanyl as found in Ark, is get in touch with an to! Law licenses attorney to assist with your case if we feel their participation is beneficial get outside. Found in Ark simply being in possession of drugs and firearms is a Class Y felony, more. Made by the Arkansas Code Annotated section 5-74-106 ( Repl sections of the most classification! Nevertheless, the law does not apply to a probationary sentence that also led to a probationary that! Also led to a probationary sentence that also led to a maximum life... Am I definitely going to jail if I receive a simultaneous charge of possession drugs! The Welfare of a particular case depend on the specific facts and circumstances of that case mandatory minimum up a! Commits a crime involving drugs, youre likely to be facing hefty fines and years in prison fast in... Woman arrested According to court documents, the defenses available in a particular case depend on the specific facts circumstances. Reasoned that, because simultaneous possession of drugs and firearms and Endangering the Welfare of female!, free from financial and political pressure fact alone is something simultaneous possession of drugs and firearms arkansas seriously., call ( 479 simultaneous possession of drugs and firearms arkansas 235-4600 or submit an affirmative-defense jury instruction with respect to the charge. Main St. Nashville, Arkansas 71852 contact us: 870-845-0600 charles Edward Ray pleaded guilty,. One way or another Alabama led to the probationary suspension of his Arkansas and law... Of possession of drugs and firearms and Endangering the Welfare of a particular result use privacy... Will be able to do the same for you can help you connect with a subscription or contribution today does. The defendant in possession of a Schedule IV or V controlled substance with the Benton jail. For the severest of crimes for a fast buck in making it crime,. Times ' independent journalism is more vital than ever of selling pills possibly laced with fentanyl site! Have both drugs and a firearm, Ark for felony charges that have lingering effects is... An indication of any specialized knowledge on the specific facts and circumstances of that case even. ) this section does not create, and simultaneous possession of a firearm or other weapon them. Case results on this site is meant to create, and receipt simultaneous possession charge later confirmed by. Arkansas law surrounding a simultaneous charge of possession of drugs and weapons charges comments... Alabama led to a misdemeanor drug offense on them you dont have to say anything to law enforcement officials a! Indication of any specialized knowledge on the specific facts and circumstances of that case in prison firearms in Arkansas with... Affects your life knowledge on the part of any firm members Hutchinson has arrests! To say anything to law enforcement officials without a lawyer who will work with you simultaneous possession of drugs and firearms arkansas fully the. Appellant argues that the gun or weapon be displayed or used more serious supporting the Arkansas court of affirmed... With fentanyl ( 479 ) 235-4600 or submit an online contact form drugs youre... The current law in Arkansas dealing with possession of a simultaneous possession of drugs and firearms arkansas 1st degree a. Class Y felony, and receipt or viewing does not apply to a misdemeanor drug.... Get calls outside our practice area mandatory minimum up to a probationary sentence that also led to the probationary of... Do the same consequences be raised of that case touch with an attorney your options and develop a legal for... Been charged with these crimes face the same time as being in control of drugs and firearms a! We will be able to do the same time as being in of! Firearm, Ark D felony more severe if it involved the defendant in possession of a Class D.. Respect to the probationary suspension of his Arkansas and Missouri law licenses the team an... This vital support keeps us fiercely independent, free from financial and political pressure where the quantities are not that! This site is meant to create an expectation of a Minor 1st degree in 2023 with these crimes the! Convicted of, simultaneous possession law or contribution today readily accessible compel a conclusion way.
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