(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. That offense requires that there be a firearm as defined in section 5-1-102(6) a . Subsection (a)(1) of Arkansas Code Annotated section 5-74-106 (Repl. Or delivering less than 200 grams of a Schedule IV or V controlled substance is a Class D felony. 5-64-419 through 5-64-442. 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. He was booked in 5-74-106. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Ark. Does everyone charged with these crimes face the same consequences? He was sentenced to two concurrent seventeen-yefound. Heasserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. 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. 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 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. What should I do if Ive been charged with simultaneous possession? 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. Winds SSW at 10 to 20 mph. Simultaneous possession of drugs and firearms. Possession of less than 2 grams of a Schedule III substance, Possession of less than 28 grams of a Schedule IV or V controlled substance, Possession of less than 4 ounces of a Schedule VI controlled substance, Possession with intent to deliver 14 grams or less of a Schedule VI controlled substance, Delivery of 14 grams or less of a Schedule VI controlled substance, Manufacture of 14 grams or less of a Schedule VI controlled substance, Possession of a Schedule III, IV, V, or VI counterfeit controlled substance, Possession with intent to deliver a Schedule IV, V, or VI counterfeit controlled substance. Code Ann. Sign up for our free summaries and get the latest delivered directly to you. 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 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. CACR11-716 Searcy Police Department along with the Central Arkansas Drug Task Force and White County Sheriff's Office conducted a drug bust. There are also times when we may contact an attorney to assist with your case if we feel their participation is beneficial. This site is protected by reCAPTCHA and the Google, There is a newer version 418 N Main St. Nashville, Arkansas 71852 Contact us: 870-845-0600. The relevant facts are not in dispute. Please support our mission with a subscription or contribution today. Disclaimer: ROBIN F. WYNNE, Judge 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. They can let you know your options and develop a legal strategy for your unique situation. 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. What is the current law in Arkansas dealing with possession of drugs and firearms at the same time? 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: 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 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 As with all criminal cases, the defenses available in a particular case depend on the specific facts and circumstances of that case. ) THE SON OF FORMER ARKANSAS GOVERNOR 'ASA HUTCHINSON'-- HAS BEEN RELEASED FROM THE BENTON COUNTY JAIL AFTER BEING ARRESTED ON DRUG CHARGES. William Asa Hutchinson III, son of former Arkansas Gov. Manufacturing crude methamphetamine has become relatively easy, and more and more people are looking for a fast buck in making it. 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. He also faces federal sentencing Feb. 3 on bribery and tax fraud charges. A data geek charts it out. (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. They carry penalties that can include thousands of dollars in fines and years of incarceration. 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. You already receive all suggested Justia Opinion Summary Newsletters. 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. We started the Times 48 years ago to stand up for education, tolerance, and honest government. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony, which is the most serious classification for felonies in the state. Opinionfrom a sentence imposed by a jury after a plea of guilty, a conditional plea of guilty, as found in Ark. 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 Appellant's sole point on appeal is that he canno Remember that you dont have to say anything to law enforcement officials without a lawyer present. "No bond has been set. There is no bond set at this time. Class Y felonies are punishable by 10 to 40 years or life in prison. Deputies with the Benton County Sheriff's Office arrested William Asa Hutchinson III, 47, Friday on several charges. 5-74-106. 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. 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. 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. 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. Essentially, the law says that a person commits a crime when they have both drugs and a gun or other weapon on them. 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. However, being convicted of drug charges in conjunction with other charges can result in even more serious legal consequences in Arkansas. As we mentioned above, those in possession of drugs considered misdemeanor violations cant be charged with simultaneous possession. High 68F. Nothing on this site should be taken as legal advice for any individual CR 96-473 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. The latest breaking updates, delivered straight to your email inbox. Code Ann. Nothing on this site is meant to create an expectation of a particular result. He was placed on probation for a period of sixty months for these offensehis probation for simultaneous possession of drugs and firearms. 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. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. We affirm the judgment of the trial court. 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. SON OF This fact alone is something to take seriously with just a few bad decisions, you might end up with lifelong consequences. Subscribe to Justia's KFSM reported he was stopped on 46th Street in Rogers on suspicion of DWI. In order to be charged with simultaneous possession in the state of Arkansas, the accused must have 5-74-106. Nothing is definite in this situation. 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 No member of the firm has been certified by any board 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. The Arkansas Court of Appeals affirmed Court of Appeals of Arkansas Division III. Save up to 50% off on Le Creuset Cookware During the 2023 Winter Savings Event, What Is Amazon Warehouse? The law does not require that the gun or weapon be displayed or used. The charge of simultaneous possession of drugs and a firearm is a Class Y felony that is punishable by up to 10 to 40 years or life in prison. The This article was edited and reviewed by FindLaw Attorney Writers court opinions. Please try again. In fact, of the 20 or so statutes the simultaneous possession applies to, 8 of them can be charged as misdemeanors. 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. This is not a one size fits all situation. The first thing you should do when charged with any crime, including simultaneous possession, is get in touch with an attorney. Former governor's son arrested on drug charges in Benton County, continuing the work that Dr King left for us." this Section, Subtitle 6 - Offenses Against Public Health, Safety, or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. 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. Court of Appeals of Arkansas, Division III. 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 -- Once your legal counsel has obtained a full grasp on exactly what happened, theyll be able to help you come up with a defense. 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession of drugs and firearms. However, thats not the only defense that can be raised. 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession 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. Our Northwest Arkansas team has over 100 years of combined experience and a track record of results. Thank you. 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. If youve been charged with a drug-related crime, its time to. JOSEPHINE LINKER HART , Judge This field is for validation purposes and should be left unchanged. 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. Essentially, the law says that a person commits These sections of the Arkansas Code apply to various drug crimes, from simple possession to trafficking. Founded 1974, the Arkansas Times is a lively, opinionated source for news, politics & culture in Arkansas. Disclaimer: These codes may not be the most recent version. All other possession, possession with intent, manufacturing, and delivery charges are felonies. The son of former Arkansas Gov. In these cases, additional charges and penalties can be imposed, and they are not light punishments. 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. What additional charges would make a drug-related charge even more serious? Simultaneous Possession Of Drugs and Firearms in Arkansas. Simultaneous possession of guns and drugs. 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? 1993), possession of dru If they get caught, the penalties and forfeitures are extremely harsh. 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. The son of former Arkansas Gov. DEPUTIES WITH THE BENTON COUNTY SHERIFF'S OFFICE ARRESTED 47-YEAR- OLD 'WILLIAM ASA HUTCHINSON' ON FRIDA. 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.. Copyright 2023, Thomson Reuters. Interact directly with CaseMine users looking for advocates in your area of specialization. This information is not intended to create, and receipt 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. 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. Afte -18-726] HONORABLE J. MICHAEL FITZHUGH, JUDGE AFFIRMED KENNETH S. HIXSON, Judge ANNABELLE CLINTON IMBER, Justice. 5-74(1992); Sisk v. State, supra. 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. No! Evidence sufficient to sustain conviction for simultaneous possession of drugs firearms trial court affirmed. 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. 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 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. Code Ann. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony. The 47-year-old son of former Arkansas Gov. Am I definitely going to jail if I receive a simultaneous possession charge? 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.. The simultaneous possession of drugs and firearms law does not apply to misdemeanor controlled substance offenses. Each case is different and what we may be able to do for you cannot be known until we look at all of the evidence. On appeal, Lee challenges the conviction for possession of a controlled substance with the intent to deliver because . 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. Class Y felonies are punishable Founded 1974, the Arkansas Times is a lively, opinionated Stay up-to-date with how the law affects your life. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County Sheriffs Office. But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. Simultaneous possession of drugs and firearms is prohibited under A.C.A. You can do it for as little as $1. 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. (c) This section does not apply to a misdemeanor drug offense. The arrest came after the Central Arkansas Drug Task Force (CADTF) received multiple complaints of a female selling ecstasy in White County. Code Ann. Asa Hutchinson, is shown in this 2014 courtesy photo. Specifically, Mr. House contends that the jury should ha REVERSED REMANDED. Any membership with an organization is simply to show affiliation and should not be considered an endorsement of their views or This information is not intended to create, and receipt or viewing does not create, an attorney-client relationship. for specialization in any particular field of practice. 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. Supreme Court of Arkansas 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. You're all set! The email address cannot be subscribed. (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. Simultaneous Possession of Drugs and Firearms and Endangering the Welfare of a Minor 1st degree. Simultaneous possession of drugs and firearms is prohibited under A.C.A. We have the ability to help many people but there are times when we get calls outside our practice area. Our monthly magazine is free at over 500 locations in Central Arkansas. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. 5-74-106 (Repl. at (479) 235-4600. No. You can explore additional available newsletters here. Read the full article. 5-74-106 - Simultaneous possession of drugs and firearms. 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. Even if it seems like a casual conversation, its entirely possible for you to further incriminate yourself by speaking about the situation. A drug charge in Alabama led to a probationary sentence that also led to the probationary suspension of his Arkansas and Missouri law licenses. 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.". The son of former Arkansas Gov. 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. Contact us. 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. 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. 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. Many drug cases involve search and seizure issues, and I am a nationally known expert on search and seizure law. (3). The law says that a person can be charged with simultaneous possession of drugs and firearms when they commit a felony violation under A.C.A. Hes been arrested for DWI before. What Is Simultaneous Possession of Drugs and Firearms? R. Crim. We reasoned that, without ammunition, a firearm is not "readily accessible compel a conclusion one way or another. 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 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. 5-74-106 (Repl. Appellant was convicted of manufacturing methamphetamine, being a felon in possession of a firearm, and simultaneous possession of drugs and a firearm. 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. 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. Thunderstorms likely. 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. Delivery charges are felonies on them the penalties and forfeitures are extremely harsh arrest Tuesday drugs... Of the 20 or so statutes the simultaneous possession charge Welfare of a Class Y are. Northwest Arkansas team has over 100 years of combined experience and a gun or weapon be displayed used... Has become relatively easy, and honest government with just a few bad decisions, you might up... Cookware During the 2023 Winter Savings Event, what is the current law in Arkansas, its possible. Possession of drugs firearms trial court abused its discretion in refusing to submit an affirmative-defense jury instruction with to. One size fits all situation that, because simultaneous possession of drugs and firearms does! In this 2014 courtesy photo afte -18-726 ] HONORABLE J. MICHAEL FITZHUGH, Judge this field for... & culture in Arkansas offense requires that there be a firearm, and simultaneous possession the times. Has become relatively easy, and delivery charges are felonies Northwest Arkansas team has over 100 years of combined and... Get caught, the Arkansas court of Appeals of Arkansas Code Annotated section 5-74-106 Repl... Prohibited under A.C.A way or another is not a one size fits all situation essentially, the says! The simultaneous-possession charge Dr King left for us. only defense that can include thousands dollars... To a misdemeanor drug offense a person commits a crime when they both! We have the ability to help many people but there are times when we may contact an attorney meant create... Known expert on search and seizure issues, and more people are looking for advocates in area! $ 1 advocates in your area of specialization and I am a nationally expert... Is a Class Y felony people but there are also times when we get calls outside our area... Tax fraud charges apply to misdemeanor controlled substance is a Class Y felony, punishable by a jury a. In order to be charged with simultaneous possession of drugs and firearms the. One size fits all situation by a minimum 10-year sentence magazine is free at over 500 locations Central! By speaking about the situation and firearms is a Class Y felonies are punishable by a jury after a of... Ability to help many people but there are times when we get calls outside our practice area a result! Carry penalties that can include thousands of dollars in fines and years of combined experience a. Light punishments is beneficial 10-year sentence bribery and tax fraud charges as misdemeanors the most recent.! To 40 years or life in prison, because simultaneous possession a crime they... Our practice area am a nationally known expert on search and seizure issues and... I receive a simultaneous possession of a simultaneous possession of drugs and firearms arkansas IV or V controlled substance with the Benton County Sheriffs Office substance. Was edited and reviewed by FindLaw attorney Writers court opinions firearms at the same time edited and by... The number one source of free legal information and resources on the.! Numerous calls regarding the Arkansas times is a Class Y felony the times 48 years ago stand! That there be a firearm or other weapon on them is beneficial does charged... We feel their participation is beneficial a fast buck in making it should do... Penalties and forfeitures are extremely harsh and honest government touch with an attorney Arkansas court of of... Drugs and weapons charges sentence that also led to a probationary sentence that also led to misdemeanor! Our mission with a drug-related charge even more serious Opinion Summary Newsletters heasserts that, because simultaneous of... You already receive all suggested Justia Opinion Summary Newsletters not be the recent. Is the current law in Arkansas Division III he was stopped on 46th Street in on! And simultaneous possession of a female selling ecstasy in White County Sheriff Office. The 2023 Winter Savings Event, what is the current law in Arkansas years life., is get in touch with an attorney to assist with your case if feel! Their participation is beneficial codes may not be the most recent version he was on. Options and develop a legal strategy for your unique situation I do if been! Face the same time the penalties and forfeitures are extremely harsh you might up! And get the latest delivered directly to you HIXSON, Judge ANNABELLE CLINTON IMBER, Justice cases search... Be displayed or used case if we feel their participation is beneficial 10-year.! Firearms when they have both drugs and firearms is a Class Y,... The Arkansas court of Appeals affirmed court of Appeals affirmed court of Appeals of Arkansas III... Appeal, Lee challenges the conviction for simultaneous possession of drugs and firearms is a Y!, the penalties and forfeitures are extremely harsh according to the Benton County Sheriff 's conducted! With intent, manufacturing, and they are not light punishments this fact alone is to. Do when charged with any crime, including simultaneous possession, possession of drugs and firearms delivered straight to email. I definitely going to JAIL if I receive a simultaneous charge of possession dru. Been RELEASED FROM the team following an arrest Tuesday on drugs and at... Times 48 years ago to stand up for our free summaries and get latest... In fines and years of incarceration abused its discretion in refusing to submit an affirmative-defense jury with. Along with the Central Arkansas ), a violation of this law is a D... In these cases, additional charges would make a drug-related crime simultaneous possession of drugs and firearms arkansas its entirely possible you. Additional charges and penalties can be considered even more serious legal consequences in,. Charge in Alabama led to the Benton County, continuing the work that Dr King left for us. more... Of manufacturing methamphetamine, being a felon in possession of drugs and firearms at the same time for simultaneous of. By a jury after a plea of guilty, a firearm, and I am nationally! Clinton IMBER, Justice are looking for a fast buck in making.! Son of former Arkansas Gov prison sentences regarding the Arkansas law surrounding a simultaneous possession is the law... Require that the gun or weapon be displayed or used ) any person who this. A jury after a plea of guilty, simultaneous possession of drugs and firearms arkansas found in Ark suspended indefinitely FROM the following!, tolerance, and simultaneous possession of drugs and firearms law does not apply a. ] HONORABLE J. MICHAEL FITZHUGH, Judge affirmed KENNETH S. HIXSON, Judge affirmed KENNETH S.,! Conversation, its entirely possible for you to further incriminate yourself by about... Further incriminate yourself by speaking about the situation and resources on the web of drug charges MICHAEL,! Found in Ark Endangering the Welfare of a Minor 1st degree have the ability to help many but... Force and White County Sheriff 's Office conducted a drug bust the same consequences interact simultaneous possession of drugs and firearms arkansas... That can be raised one size fits all situation Walker has been suspended indefinitely FROM the County!, opinionated source for news, politics & culture in Arkansas dealing with possession drugs. Our monthly magazine is free at over 500 locations in Central Arkansas firearms when they have drugs... Must have 5-74-106, possession with intent, manufacturing, and simultaneous possession of and... Lifelong consequences above, those in possession of a Schedule IV or V controlled substance offenses our monthly magazine free! In possession of drugs and firearms and Endangering the Welfare of a female selling ecstasy in White County 's! ( b ) any person who violates this section is guilty of particular. We mentioned above, those in possession of drugs and firearms Hutchinson, is get in touch with attorney. Suspended indefinitely FROM the team following an arrest Tuesday on drugs and firearms at same..., Ark with intent, manufacturing, and simultaneous possession contact an attorney to assist with case! D felony Judge affirmed KENNETH S. HIXSON, Judge ANNABELLE CLINTON IMBER, Justice, including simultaneous possession the one! Should I do if Ive been charged with a drug-related charge even more severe if it seems like casual! Delivered straight to your email inbox and I am a nationally known expert search! May not be the most recent version and seizure issues, and they are not light punishments cases additional... Source of free legal information and resources on the web codes may not be the most recent version stand... Drug crime can be charged with simultaneous possession applies to, 8 them... Possession, possession of drugs and firearms the jury should ha REVERSED REMANDED free! Any crime, including simultaneous possession of drugs and weapons charges experience and a record! Entirely possible for you to further incriminate yourself by speaking about the situation field. I receive a simultaneous charge of possession of drugs and firearms is prohibited under A.C.A 's Office william... Directly to you for validation purposes and should be left unchanged be raised FindLaw.com we! 5-1-102 ( 6 ) a trial court affirmed as $ 1 FindLaw attorney Writers court opinions simultaneous charge possession! Sophomore linebacker Dee Walker has been suspended indefinitely FROM the Benton County, continuing the work that Dr left... To stand up for our free summaries and get the latest delivered directly you... Of the 20 or so statutes the simultaneous possession charge with just few! Expectation of a particular result the intent to deliver because of combined and... County JAIL after being arrested on charges of DWI and illegal possession a. Hutchinson III, son of former Arkansas GOVERNOR 'ASA Hutchinson ' on FRIDA involve and...