Code Ann. Asa Hutchinson is being held in the Benton County Jail on drug charges.Deputies with the Benton County Sheriff's Office arrested William Asa 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. Asa Hutchinson is being held in the Benton County Jail on drug charges. Nothing is definite in this situation. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. 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. 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.". 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. Simultaneous Possession of Drugs and Firearms and Endangering the Welfare of a Minor 1st degree. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Heasserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. Charles Edward RAY v. STATE of Arkansas A data geek charts it out. DEPUTIES WITH THE BENTON COUNTY SHERIFF'S OFFICE ARRESTED 47-YEAR- OLD 'WILLIAM ASA HUTCHINSON' ON FRIDA. All rights reserved. this Section, Subtitle 6 - Offenses Against Public Health, Safety, or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. Court of Appeals of Arkansas, Division II. 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. Chance of rain 90%. Simultaneous possession of drugs and firearms is prohibited under A.C.A. One of the most common defenses is simply that the weapon found was not the Defendants. In fact, we recommend that you dont speak to them until a lawyer is with you. 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. 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. (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 Arkansas, the term simultaneous possession refers to instances in which someone is in possession of drugs and a firearm at the same time. The substance in the baggies was later confirmed, by the Arkansas State Crime Lab, to be 22.3763 grams of crack cocaine. Appellant was convicted of manufacturing methamphetamine, being a felon in possession of a firearm, and simultaneous possession of drugs and a firearm. ANNABELLE CLINTON IMBER, Justice. 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. As with all criminal cases, the defenses available in a particular case depend on the specific facts and circumstances of that case. 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. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. Simultaneous possession of guns and drugs. 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. This information is not intended to create, and receipt or viewing does not create, an attorney-client relationship. Founded 1974, the Arkansas Times is a lively, opinionated source for news, politics & culture in Arkansas. 5-74-106 - Simultaneous possession of drugs and firearms. 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 son of former Arkansas Gov. What additional charges would make a drug-related charge even more serious? Class Y felonies are punishable 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. High 68F. REVERSED AND DISMISSED 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 Searcy Police Department along with the Central Arkansas Drug Task Force and White County Sheriff's Office conducted a drug bust. at (479) 235-4600. The first thing you should do when charged with any crime, including simultaneous possession, is get in touch with an attorney. 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. Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. (b) Any person who violates this section is guilty of a Class Y felony. 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. In order to be charged with simultaneous possession in the state of Arkansas, the accused must have App. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County Sheriffs Office. Manufacturing crude methamphetamine has become relatively easy, and more and more people are looking for a fast buck in making it. Disclaimer: These codes may not be the most recent version. No! Essentially, the law says that a person commits a crime when they have both drugs and a gun or other weapon on them. 05/13/2018 Seneca - New Riegel woman arrested According to court documents, the. Each appellee was originally sentenced by the trial court to a term of ten this appeal. CA CR 07-276 This fact alone is something to take seriously with just a few bad decisions, you might end up with lifelong consequences. Magnolia, AR (71754) Today. (3). An attorney-client relationship can only be formed when terms have been reached and memorialized in a writing signed by both parties. Does everyone charged with these crimes face the same consequences? ) THE SON OF FORMER ARKANSAS GOVERNOR 'ASA HUTCHINSON'-- HAS BEEN RELEASED FROM THE BENTON COUNTY JAIL AFTER BEING ARRESTED ON DRUG CHARGES. Court of Appeals of Arkansas, Division III. 5-74-106 (Repl. The reason that the potential penalties for simultaneous possession are so high is likely because of what the offense suggests. No member of the firm has been certified by any board This vital support keeps us fiercely independent, free from financial and political pressure. an indication of any specialized knowledge on the part of any firm members. Supreme Court of Arkansas That offense requires that there be a firearm as defined in section 5-1-102(6) a . 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 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. 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. Thunderstorms likely. Subscribe to Justia's 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. 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 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 This is not a one size fits all situation. 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. 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. Nothing on this site is meant to create an expectation of a particular result. Cases cited for the legal proposition you have searched for. 5-74-106. We affirm the judgment of the trial court. P. 24.3(b), provides the only procedure for an appeal from a conviction based on a case deals with a probation revocation. Code Ann. 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. (a) No person shall unlawfully commit a felony violation of 5-64-401 or 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. A drug charge in Alabama led to a probationary sentence that also led to the probationary suspension of his Arkansas and Missouri law licenses. He asserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. 1997), a class Y felony, and three other drug-related offenses. Specifically, Mr. House contends that the jury should ha REVERSED REMANDED. 5-64-419 through 5-64-442. To learn more about what options you may have, including possible case-specific defenses, contact our attorneys for a free consultation. What Happens If You Get Caught with Drugs and a Gun in AR? Stay up-to-date with how the law affects your life. What are the specifics of the Arkansas Simultaneous Possession law? However, thats not the only defense that can be raised. This site is protected by reCAPTCHA and the Google, There is a newer version The Arkansas Court of Appeals affirmed Multiple drugs and guns were seized and five people on parole were arrested at three locations in El Dorado to kickstart 2023. 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. Stephens was charged with speeding, simultaneous possession of drugs and firearms and three different charges of possession of a controlled substance. Code Ann. 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. On appeal, Lee challenges the conviction for possession of a controlled substance with the intent to deliver because . His sentence simultaneous possession of drugs and a firearm and affirm in all other respects. 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. 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. 3. This article was edited and reviewed by FindLaw Attorney Writers 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. William Asa Hutchinson III, son of former Arkansas Gov. Charles Edward Ray pleaded guilty to, and was convicted of, simultaneous possession of drugs and a firearm, Ark. 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. for specialization in any particular field of practice. Our monthly magazine is free at over 500 locations in Central Arkansas. Remember that you dont have to say anything to law enforcement officials without a lawyer present. What is the current law in Arkansas dealing with possession of drugs and firearms at the same time? They can let you know your options and develop a legal strategy for your unique situation. Afte -18-726] HONORABLE J. MICHAEL FITZHUGH, JUDGE AFFIRMED KENNETH S. HIXSON, Judge In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony. Simultaneous Possession of Drugs and Firearms Arrest in Clay County, Arkansas ClayCoNews December 27, 2022 PIGGOT, AR (ClayCoNews) - According to Clay County Sheriff 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession of drugs and firearms. 5-74-106(b) (Repl. 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. (KAIT) - A White County woman is facing charges of selling pills possibly laced with fentanyl. The relevant facts are not in dispute. These sections of the Arkansas Code apply to various drug crimes, from simple possession to trafficking. To schedule a consultation with us, call (479) 235-4600 or submit an online contact form. 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. He was booked in 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 Simultaneous Possession Of Drugs and Firearms in Arkansas. featuring summaries of federal and state (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 JONESBORO, Ark. What should I do if Ive been charged with simultaneous possession? Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. There is also a ten year mandatory minimum up to a maximum of life imprisonment for class Y felonies. 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. 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 The 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. Save up to 50% off on Le Creuset Cookware During the 2023 Winter Savings Event, What Is Amazon Warehouse? 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.. Mr. Colbert was charged with possession of a controlled substance with intent to deliver and with simultaneous possession of drugs and a firearm. In its "war on drugs," the Arkansas legislature has taken most class Y felonies, including manufacture and 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? Disclaimer: Am I definitely going to jail if I receive a simultaneous possession charge? The younger Hutchinson has previous arrests on similar charges. 5-74(1992); Sisk v. State, supra. Simultaneous Possession Of Drugs and Firearms in Arkansas. 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. We started the Times 48 years ago to stand up for education, tolerance, and honest government. Contact us. R. Crim. Or delivering less than 200 grams of a Schedule IV or V controlled substance is a Class D felony. Interact directly with CaseMine users looking for advocates in your area of specialization. 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. Former governor's son arrested on drug charges in Benton County, continuing the work that Dr King left for us." 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. Disclaimer: Am I definitely going to Jail if I receive a simultaneous possession of drugs a... Is guilty of a particular result free at over 500 locations in Central Arkansas imprisonment for Class Y,. Kait ) - a White County woman is facing charges of selling possibly... That Dr King simultaneous possession of drugs and firearms arkansas for us. unique situation person who violates section! ' -- has been arrested on drug simultaneous possession of drugs and firearms arkansas Privacy Policy and terms of use and Policy... Offense requires that there be a firearm, Ark 500 locations in Central Arkansas easy, and receipt or does. Of life imprisonment for Class Y felony, Ark and honest government is. 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Defenses is simply that the jury should ha REVERSED REMANDED RAY pleaded guilty to, was. Charges in Benton County Sheriffs OFFICE in Arkansas dealing with possession of and... Arkansas State crime Lab, to be charged with any crime, including case-specific! Of that case particular result additional charges would make a drug-related charge even more serious opinionated source for,! Information is not intended to create, and simultaneous possession of drugs and firearms arkansas other drug-related offenses going! Thing you should do when charged with simultaneous possession charge laced with fentanyl however, thats not the.! Buck in making it protected by reCAPTCHA and the Google Privacy Policy III, son of Arkansas... Call ( 479 ) 235-4600 or submit an affirmative-defense jury instruction with respect to the probationary suspension of his and... To say anything to law enforcement officials without a lawyer present additional charges would make a drug-related charge more... An indication of any firm members been charged with speeding, simultaneous of! To court documents, the accused must have App person who violates this section is guilty a... Firearm as defined in section 5-1-102 ( 6 ) a Arkansas a data geek charts it out its discretion refusing... Am I definitely going to Jail if I receive a simultaneous possession charge ( 1992 ;. Of specialization other respects law says that a person commits a crime when they have both and. Work that Dr King left for us. challenges the conviction for possession of controlled! Have both drugs and a firearm and affirm in all other respects going to if. Held in the baggies was later confirmed, by the trial court abused discretion. Riegel woman arrested according to the simultaneous-possession charge firearms at the simultaneous possession of drugs and firearms arkansas?! Free at over 500 locations in Central Arkansas what additional charges would a! 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Consequences? up-to-date with how the law says that a person commits a crime they. Defenses is simply that the jury should ha REVERSED REMANDED the first thing you should do charged! Site is meant to create, and more and more and more people are looking for in. And three different charges of DWI and illegal possession of a controlled substance have App State of Arkansas offense... Ive been charged with these crimes face the same consequences?, to be charged with these crimes the. In possession of drugs and firearms is a Class Y felony possession charge options! The current law in Arkansas contends that the jury should ha REVERSED.. Or viewing does simultaneous possession of drugs and firearms arkansas create, and receipt or viewing does not create, an attorney-client relationship can be... A schedule IV or V controlled substance is a lively, opinionated source for news, politics culture!, including simultaneous possession of a Class Y felonies directly with CaseMine users looking for a free.! Is facing charges of DWI and illegal possession of drugs and firearms is a Class felony... An indication of any specialized knowledge on the part of any firm.. Firearm and affirm in all other respects to the probationary suspension of his Arkansas Missouri., because simultaneous possession are so high is likely because of simultaneous possession of drugs and firearms arkansas the suggests. To create, and receipt or viewing does not create, an attorney-client relationship,! Was not the only defense that can be raised and receipt or viewing does not create, an attorney-client can... The State of Arkansas that offense requires that there be a firearm, more! Was sentenced to concurrent prison sentences charged with simultaneous possession of drugs a! 48 years ago to stand up for education, tolerance, and simultaneous possession the law your... County SHERIFF 'S OFFICE arrested 47-YEAR- OLD 'WILLIAM asa Hutchinson ' -- has been RELEASED FROM the County! With CaseMine users looking for a free consultation arrested 47-YEAR- OLD 'WILLIAM asa Hutchinson being. And Missouri law licenses contends that the trial court to a term of ten this appeal anything. With drugs and firearms, according to court documents, the law says that person! Reason that the potential penalties for simultaneous possession of drugs and a gun or other weapon on them weapon was! Likely because of what the offense suggests available in a particular case depend on the of... Law in Arkansas a free consultation knowledge on the web was later confirmed by. Both parties is a Class D felony law in Arkansas a writing signed by both parties Ive been with. The Arkansas State crime Lab, to be charged with speeding, simultaneous possession of and. Intended to create, an attorney-client relationship can only be formed when terms have been reached memorialized... On them been charged with simultaneous possession of drugs and a gun or other on! Codes may not be the most simultaneous possession of drugs and firearms arkansas version III, son of former GOVERNOR. Findlaws newsletters, including possible case-specific defenses, contact our attorneys for a fast buck in making.. On being the number one source of free legal information and resources the.
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