We affirm the judgment of the trial court. Any questions about the site can be addressed to John Collins at 501-603-9911. There is also a ten year mandatory minimum up to a maximum of life imprisonment for class Y felonies. 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. KFSM reported he was stopped on 46th Street in Rogers on suspicion of DWI. 5-74-106. 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. 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 He was booked in He also faces federal sentencing Feb. 3 on bribery and tax fraud charges. | Last updated March 26, 2008. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. You can do it for as little as $1. CRIMINAL LAW SIMULTANEOUS POSSESSION OF DRUGS AND FIREARMS STATE NOT REQUIRED TO PROVE INVOLVEMENT IN CRIMINAL GANG ACTIVITY TRIAL 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. Nothing on this site should be taken as legal advice for any individual (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. Am I definitely going to jail if I receive a simultaneous possession charge? Sign up for our free summaries and get the latest delivered directly to you. Asa Hutchinson, is shown in this 2014 courtesy photo. 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.. 5-74-106 (Repl. If they get caught, the penalties and forfeitures are extremely harsh. ARKANSAS COURT OF APPEALS DIVISION II (3). ANNABELLE CLINTON IMBER, Justice. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony. Our monthly magazine is free at over 500 locations in Central Arkansas. 1997), a class Y felony, and three other drug-related offenses. We started the Times 48 years ago to stand up for education, tolerance, and honest government. 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. No! 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. 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. Even if it seems like a casual conversation, its entirely possible for you to further incriminate yourself by speaking about the situation. Appellant was convicted of manufacturing methamphetamine, being a felon in possession of a firearm, and simultaneous possession of drugs and a firearm. The 47-year-old son of former Arkansas Gov. CA CR 07-276 R. Crim. If you have been charged with a drug crime in Northwest Arkansas, contactNorwood & Norwood, P.A. 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. 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. Court of Appeals of Arkansas, Division II. This is why consulting with a good lawyer, especially for felony charges that have lingering effects, is extremely important. Nevertheless, the missing bolt is fatal to the State's case for simultaneous possession of drugs and a firearm. Arkansas may have more current or accurate information. 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. 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. But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. He was placed on probation for a period of sixty months for these offensehis probation for simultaneous possession of drugs and firearms. Heasserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. If you have been charged, have a criminal defense lawyer review and evaluate your case. 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 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. Appellant's sole point on appeal is that he canno (1). (c) This section does not apply to a misdemeanor drug offense. featuring summaries of federal and state Supporting the Arkansas Times' independent journalism is more vital than ever. 1993), possession of dru 5-64-419 through 5-64-442. Juries in Arkansas have given life in some drug cases, even where the quantities are not all that great. 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. What are the specifics of the Arkansas Simultaneous Possession law? Stephens was charged with speeding, simultaneous possession of drugs and firearms and three different charges of possession of a controlled substance. App. Stay up-to-date with how the law affects your life. This site is protected by reCAPTCHA and the Google, There is a newer version Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County Sheriffs Office. 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. All other possession, possession with intent, manufacturing, and delivery charges are felonies. Asa Hutchinsons son arrested again on DWI, drug, firearm charges, Zach Hager, keyholder at The Source dispensary in Rogers, driven to help others, Does Asa have a chance at the presidency? The 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. Or delivering less than 200 grams of a Schedule IV or V controlled substance is a Class D felony. 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. Please support our mission with a subscription or contribution today. The law does not require that the gun or weapon be displayed or used. Our newsroom is funded by more than 3,000 Arkansans who support us with contributions and digital subscriptions. 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. Simultaneous Possession of Drugs and Firearms. Simultaneous Possession of Drugs and Firearms and Endangering the Welfare of a Minor 1st degree. Opinionfrom a sentence imposed by a jury after a plea of guilty, a conditional plea of guilty, as found in Ark. 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. His sentence simultaneous possession of drugs and a firearm and affirm in all other respects. 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. What is the current law in Arkansas dealing with possession of drugs and firearms at the same time? 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. If youre convicted of a crime involving drugs, youre likely to be facing hefty fines and years in prison. 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 P. 24.3(b), provides the only procedure for an appeal from a conviction based on a case deals with a probation revocation. Simultaneous Possession Of Drugs and Firearms in Arkansas. 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. You already receive all suggested Justia Opinion Summary Newsletters. In order to sustain a conviction for simultaneous possessionof drugs and fire-arms, the State must show possession of a firearm by the accused and a nexus between the firearms and the drugs; it is a defense to a prosecution for simultaneous . 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. for specialization in any particular field of practice. Save up to 50% off on Le Creuset Cookware During the 2023 Winter Savings Event, What Is Amazon Warehouse? 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. JOSEPHINE LINKER HART , Judge Thank you. The reason that the potential penalties for simultaneous possession are so high is likely because of what the offense suggests. There is no bond set at this time. This fact alone is something to take seriously with just a few bad decisions, you might end up with lifelong consequences. As we mentioned above, those in possession of drugs considered misdemeanor violations cant be charged with simultaneous possession. 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. 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. For instance, manufacturing less than 2 grams of methamphetamine, heroin, or cocaine is a Class C felony. We are located in Nashville, Arkansas. Once your legal counsel has obtained a full grasp on exactly what happened, theyll be able to help you come up with a defense. Founded 1974, the Arkansas Times is a lively, opinionated Code Ann. The If they get caught, the penalties and forfeitures are extremely harsh. 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. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. 418 N Main St. Nashville, Arkansas 71852 Contact us: 870-845-0600. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. He asserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. 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. 1St degree or used as little as $ 1, especially for felony charges that lingering. 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