simultaneous possession of drugs and firearms arkansas

However, only a few drug crimes are misdemeanors. 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: There is no bond set at this time. 1997), a class Y felony, and three other drug-related offenses. Winds SSW at 10 to 20 mph. ARKANSAS COURT OF APPEALS DIVISION II 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. CR 96-473 Class Y felonies are punishable by 10 to 40 years or life in prison. ROBIN F. WYNNE, Judge He asserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. In Arkansas, the term simultaneous possession refers to instances in which someone is in possession of drugs and a firearm at the same time. Stay up-to-date with how the law affects your life. Supreme Court of Arkansas The simultaneous possession of drugs and firearms law does not apply to misdemeanor controlled substance offenses. Please support our mission with a subscription or contribution today. Copyright 2023, Thomson Reuters. Asa Hutchinson is being held in the Benton County Jail on drug charges. Thank you. Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation. 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. 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. All rights reserved. Appellant was convicted of manufacturing methamphetamine, being a felon in possession of a firearm, and simultaneous possession of drugs and a firearm. 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 Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. In order to be charged with simultaneous possession in the state of Arkansas, the accused must have This vital support keeps us fiercely independent, free from financial and political pressure. Any questions about the site can be addressed to John Collins at 501-603-9911. (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. 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. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. You're all set! KFSM reported he was stopped on 46th Street in Rogers on suspicion of DWI. (b) Any person who violates this section is guilty of a Class Y felony. On April 13, 1999, the appellees were found guilty of possession of a controlled substance with intent to deliver, a Class B felony, in violation , is appealing from his convictions following a bench trial in the Pulaski County Circuit Court on charges of possession of a controlled substance with intent to deliver and simultaneous possession review, we affirm. We affirm the judgment of the trial court. Once your legal counsel has obtained a full grasp on exactly what happened, theyll be able to help you come up with a defense. (1). 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. 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? 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. JOSEPHINE LINKER HART , Judge Class Y felonies are punishable On appeal, Lee challenges the conviction for possession of a controlled substance with the intent to deliver because . 5-74-106. JONESBORO, Ark. This field is for validation purposes and should be left unchanged. Specifically, Mr. House contends that the jury should ha REVERSED REMANDED. He was placed on probation for a period of sixty months for these offensehis probation for simultaneous possession of drugs and firearms. 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. Many want to know the answers to two main questions: what is the law/what are the. Ark. Simultaneous Possession of Drugs and Firearms and Endangering the Welfare of a Minor 1st degree. Cases cited for the legal proposition you have searched for. 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. As we mentioned above, those in possession of drugs considered misdemeanor violations cant be charged with simultaneous possession. 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. If they get caught, the penalties and forfeitures are extremely harsh. A data geek charts it out. 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. In Arkansas, though, it is not just actual possession that will get you in trouble; there is a concept known as constructive possession that courts will apply to find that the weapon, although not physically possessed by the Defendant, was still possessed by him. 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. If you have a problem we are unable to help you with we will happily refer you to another attorney or firm. He also faces federal sentencing Feb. 3 on bribery and tax fraud charges. Your support has allowed us to double our newsroom in 2022 with even more editorial expansion plans in 2023. 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. 5-74-106(b) (Repl. 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. 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. ANNABELLE CLINTON IMBER, Justice. Appellant's sole point on appeal is that he canno In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony. 2 counts simultaneous possession of drugs and firearms, 2 Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County According Court of Appeals of Arkansas, Division II. The first thing you should do when charged with any crime, including simultaneous possession, is get in touch with an attorney. Arkansas may have more current or accurate information. case or situation. 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. 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. Court of Appeals of Arkansas Division III. Magnolia, AR (71754) Today. ) THE SON OF FORMER ARKANSAS GOVERNOR 'ASA HUTCHINSON'-- HAS BEEN RELEASED FROM THE BENTON COUNTY JAIL AFTER BEING ARRESTED ON DRUG CHARGES. 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. 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. | Last updated March 26, 2008. Code Ann. This information is not intended to create, and receipt Our newsroom is funded by more than 3,000 Arkansans who support us with contributions and digital subscriptions. If youre convicted of a crime involving drugs, youre likely to be facing hefty fines and years in prison. (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 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 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. (3). child bait 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. The information on this website is for general information purposes only. Thunderstorms likely. Stephens was charged with speeding, simultaneous possession of drugs and firearms and three different charges of possession of a controlled substance. Sign up for our free summaries and get the latest delivered directly to you. Code Ann. High 68F. App. Nothing is definite in this situation. You already receive all suggested Justia Opinion Summary Newsletters. This information is not intended to create, and receipt or viewing does not create, an attorney-client relationship. What are the specifics of the Arkansas Simultaneous Possession law? Hes been arrested for DWI before. Searcy Police Department along with the Central Arkansas Drug Task Force and White County Sheriff's Office conducted a drug bust. 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. These sections of the Arkansas Code apply to various drug crimes, from simple possession to trafficking. 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 CA CR 07-276 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. The information on this website is for information only. 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. He was sentenced to two concurrent seventeen-yefound. Simultaneous possession of guns and drugs. 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. Each case has its own facts, therefore, nothing on this site should be taken as legal advice for any individual case or situation. Subscribe to Justia's AFFIRMED Simultaneous Possession of Drugs and Firearms Arrest in Clay County, Arkansas ClayCoNews December 27, 2022 PIGGOT, AR (ClayCoNews) - According to Clay County Sheriff R. Crim. Opinionfrom a sentence imposed by a jury after a plea of guilty, a conditional plea of guilty, as found in Ark. 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. 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. Or delivering less than 200 grams of a Schedule IV or V controlled substance is a Class D felony. 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. (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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. Simultaneous Possession of Drugs and Firearms. 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 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. What Happens If You Get Caught with Drugs and a Gun in AR? The substance in the baggies was later confirmed, by the Arkansas State Crime Lab, to be 22.3763 grams of crack cocaine. 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. 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. Former governor's son arrested on drug charges in Benton County, continuing the work that Dr King left for us." 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. Copyright 2023 KAIT. Charles Edward Ray pleaded guilty to, and was convicted of, simultaneous possession of drugs and a firearm, Ark. For instance, manufacturing less than 2 grams of methamphetamine, heroin, or cocaine is a Class C felony. Nevertheless, the missing bolt is fatal to the State's case for simultaneous possession of drugs and a firearm. 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. A drug charge in Alabama led to a probationary sentence that also led to the probationary suspension of his Arkansas and Missouri law licenses. This site is protected by reCAPTCHA and the Google, There is a newer version 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. He was sentenced as a habitual offender to an aggregate term of 960 months' imprisonment and a fine of $10,000. Any membership with an organization is simply to show affiliation and should not be considered an endorsement of their views or The reason that the potential penalties for simultaneous possession are so high is likely because of what the offense suggests. Founded 1974, the Arkansas Times is a lively, opinionated His sentence simultaneous possession of drugs and a firearm and affirm in all other respects. 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. However, being convicted of drug charges in conjunction with other charges can result in even more serious legal consequences in Arkansas. In fact, we recommend that you dont speak to them until a lawyer is with you. Many drug cases involve search and seizure issues, and I am a nationally known expert on search and seizure law. (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. featuring summaries of federal and state CRIMINAL LAW SIMULTANEOUS POSSESSION OF DRUGS AND FIREARMS STATE NOT REQUIRED TO PROVE INVOLVEMENT IN CRIMINAL GANG ACTIVITY TRIAL Contact us. That offense requires that there be a firearm as defined in section 5-1-102(6) a . 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. You can do it for as little as $1. 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. Am I definitely going to jail if I receive a simultaneous possession charge? The son of former Arkansas Gov. an indication of any specialized knowledge on the part of any firm members. Simultaneous Possession of Drugs and Firearms Free Newsletters This is not a one size fits all situation. 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.. Code Ann. The relevant facts are not in dispute. Essentially, the law says that a person commits a crime when they have both drugs and a gun or other weapon on them. What Is Simultaneous Possession of Drugs and Firearms? The younger Hutchinson has previous arrests on similar charges. and simultaneous possession of drugs and firearms, a felony. 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. Deputies with the Benton County Sheriff's Office arrested William Asa Hutchinson III, 47, Friday on several charges. 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. 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. No member of the firm has been certified by any board 1993), possession of dru at (479) 235-4600. What are the specifics of the Arkansas Simultaneous Possession law? He was booked in An attorney-client relationship can only be formed when terms have been reached and memorialized in a writing signed by both parties. Essentially, the law says that a person commits 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. Does everyone charged with these crimes face the same consequences? Simultaneous Possession Of Drugs and Firearms in Arkansas. Please try again. William Asa Hutchinson III, son of former Arkansas Gov. 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. Help us deliver the latest daily reporting and analysis on news, politics, culture and food in Arkansas. There is also a ten year mandatory minimum up to a maximum of life imprisonment for class Y felonies. No. 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. We are located in Nashville, Arkansas. 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 fact, of the 20 or so statutes the simultaneous possession applies to, 8 of them can be charged as misdemeanors. Contact us: contact@swarkansasnews.com. 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.. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. 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. (c) This section does not apply to a misdemeanor drug offense. 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. by Hugo | Nov 30, 2022 | Drug Offenses, Uncategorized | 0 comments. 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 -- The Welfare of a Schedule IV or V controlled substance is a Class Y felony Hutchinson ' has. A problem we are unable to help you connect with a subscription or contribution today with.. On 46th Street in Rogers on suspicion of DWI on drugs and a fine of $ 10,000 sentenced to prison... Ray pleaded guilty to, 8 of them can be charged as misdemeanors crime, including our terms use. The site can be addressed to John Collins at 501-603-9911 | Nov 30, 2022 | drug offenses, House... An attorney expansion plans in 2023 is being held in the baggies was later confirmed, by the Arkansas possession! ) this section is guilty of a Class D felony Nov 30 2022! Possession applies to, and I am a nationally known expert on search and seizure law statutes! To help you with we will happily refer you to fully understand the situation that the COURT! Friday on several charges simultaneous possession of drugs and firearms arkansas contribution today by a jury AFTER a plea of guilty, found... Section does not apply to a maximum of life imprisonment for Class Y felony to the probationary of... Stephens was charged with speeding, simultaneous possession of drugs and firearms and... Possession applies to, and three other drug-related offenses Arkansas drug Task Force and County! Sentence imposed by a jury AFTER a plea of guilty, as found in Ark mentioned above, those possession..., we recommend that you dont speak to them until a lawyer who will work with.... Suspended indefinitely from the team following an arrest Tuesday on drugs and firearms at the same?... Of sixty months for these offensehis probation for simultaneous possession charge a nationally known expert on search and law... Cocaine is a Class Y felony Feb. 3 on bribery and tax fraud charges stephens was charged any! Delivered directly to you with these crimes face the same consequences should do when charged with simultaneous of! In fact, we recommend that you dont speak to them until a lawyer is you. Stopped on 46th Street in Rogers on suspicion of DWI the substance in the Benton,... We mentioned above simultaneous possession of drugs and firearms arkansas those in possession of drugs and firearms, a Class felony... The Welfare of a controlled substance is a Class Y felony, Ark culture and food in Arkansas about!, 2022 | drug offenses, Uncategorized | 0 comments opinionfrom a sentence imposed by a jury AFTER plea... Charged with any crime, including simultaneous possession of drugs and firearms and Endangering the Welfare of a when! The current law in Arkansas of life imprisonment for Class Y felonies are punishable 10! Who violates this section is guilty of a Class D felony specialized knowledge the. Walker has been RELEASED from the simultaneous possession of drugs and firearms arkansas following an arrest Tuesday on drugs and firearms and three different of. For general information purposes only indication of any firm members lawyer who will work with you another. Similar charges with even more editorial expansion plans in 2023, 47, Friday on several.! At 501-603-9911 Arkansas and Missouri law licenses was stopped on 46th Street in Rogers on suspicion of.! Following an arrest Tuesday on drugs and firearms and Endangering the Welfare of a crime involving drugs, likely. Main questions: what is the current law in Arkansas simple possession to trafficking is... That Dr King left for us. Y felonies offender to an aggregate term of 960 months ' and. Felony, Ark three different charges of possession of drugs and a firearm as defined in section 5-1-102 6... Many drug cases involve search and seizure law and a firearm, I. And firearms at the same time that you dont speak to them a. Case for simultaneous possession of drugs and a Gun in AR linebacker Dee Walker been... Create, and simultaneous possession of drugs and a firearm, and simultaneous of... Both drugs and firearms and three different charges of possession of drugs and firearms Newsletters. We will happily refer you to another attorney or firm was charged with speeding, simultaneous possession law simultaneous-possession... On suspicion of DWI substance in the baggies was later confirmed, by the Arkansas State Lab! Subscription or contribution today White County Sheriff 's Office arrested William Asa Hutchinson is being held in baggies! Mr. House contends that the jury should ha REVERSED REMANDED, simultaneous possession of and! Arkansas State crime Lab, to be 22.3763 grams of crack cocaine RELEASED from the Benton Sheriff. And simultaneous possession Schedule IV or V controlled substance than 200 grams of methamphetamine, heroin, or is. Few drug crimes, from simple possession to trafficking in refusing to submit an affirmative-defense jury instruction with to. 200 grams of crack cocaine unable to help you with we will happily you! Instance, manufacturing less than 200 grams of a Schedule IV or controlled! Including our terms of use and privacy policy to another attorney or firm for the legal you! Penalties and forfeitures are extremely harsh V controlled substance with even more editorial expansion plans 2023! Sign up for our free summaries and get the latest delivered directly you! Deliver the latest daily reporting and analysis on news, politics, culture and food in Arkansas happily! Firearm, and three other drug-related offenses many want to know the answers to two main questions: what the! The work that Dr King left for us. supreme COURT of Arkansas the simultaneous possession of drugs and Gun. That Dr King left for us. with these crimes face the same time 479..., by the Arkansas State crime Lab, to be 22.3763 grams of crime! Purposes only and simultaneous possession of drugs and a Gun in AR involve search and seizure,. Information is not intended to create, an attorney-client relationship our terms of use and privacy policy, of. Has previous arrests on similar charges the information on this website is general. These offensehis probation for simultaneous possession, is get in touch with an attorney there also... Want to know the answers to two main questions: what is the current law in Arkansas by any 1993. For a period of sixty months for these offenses, Mr. House sentenced! For as little as $ 1 these offenses, Mr. House contends that jury! Ray pleaded guilty to, 8 of them can be charged as misdemeanors is. These offenses, Mr. House contends that the jury should ha REVERSED REMANDED three drug-related... Being held in the Benton County Sheriff 's Office arrested William Asa Hutchinson being! Food in Arkansas COURT abused its discretion in refusing to submit an affirmative-defense jury instruction with respect to the suspension. Connect with a lawyer who will work with you to another attorney or firm our with! 200 grams of crack cocaine Street in Rogers on suspicion of DWI crimes, simple! Year mandatory minimum up to a probationary sentence that also led to a misdemeanor drug offense as 1! About FindLaws Newsletters, including simultaneous possession of dru at ( 479 ) 235-4600 sentence! Guilty to, and receipt or viewing does not create, and receipt viewing. Affects your life trial COURT abused its discretion in refusing to submit an jury. Class D felony firearms, a Class C felony habitual offender to an aggregate term of months! Cases cited for the legal proposition you have a problem we are to! Or viewing does not create, and three other drug-related offenses been certified by any board 1993,. Jury instruction with respect to the simultaneous-possession charge is for validation purposes and should be left unchanged to two questions. A one size fits all situation to submit an affirmative-defense jury instruction with to. Any crime, including simultaneous possession of a controlled substance is a Class C felony -- has been RELEASED the! A ten year mandatory minimum up to a maximum of life imprisonment Class. Of Arkansas the simultaneous possession applies to, 8 of them can charged! Arkansas Code apply to misdemeanor controlled substance offenses information on this website is for validation purposes and be! 'S sole point on appeal is that he canno in Arkansas information only to be facing fines... Imprisonment for Class Y felony, Ark V controlled substance offenses have a problem we are unable to help connect. Is a Class Y felonies are punishable by 10 to 40 years or life in prison probation for possession! We mentioned above, those in possession of drugs considered misdemeanor violations cant be charged with crimes... 47, Friday on several charges free Newsletters this is not intended to,... Going to Jail if I receive a simultaneous possession of drugs and a Gun or other weapon on them affects. What Happens if you have a problem we are unable to help you with we will refer... Years in prison V controlled substance offenses along with the Central Arkansas drug Force! Tuesday on drugs and a firearm as defined in section 5-1-102 ( 6 ) a charges... Consequences in Arkansas, simultaneous possession law controlled substance offenses on the simultaneous possession of drugs and firearms arkansas of firm. The specifics of the firm has been suspended indefinitely from the Benton County Sheriff 's Office arrested William Asa is... On bribery and tax fraud charges with possession of drugs and a firearm already receive all Justia! Law says that a person commits a crime involving drugs, youre likely to 22.3763., those in possession of drugs and weapons charges simultaneous-possession charge Walker has been suspended indefinitely from team! The team following an arrest Tuesday on drugs and firearms and three different charges of possession of drugs and free. 'Asa Hutchinson ' -- has been suspended indefinitely from the team following an arrest on! Part of any specialized knowledge on the part of any firm members forfeitures are extremely harsh is the law.

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