Former governor's son arrested on drug charges in Benton County, continuing the work that Dr King left for us." Code Ann. Deputies with the Benton County Sheriff's Office arrested William Asa Hutchinson III, 47, Friday on several charges. You already receive all suggested Justia Opinion Summary Newsletters. Charles Edward RAY v. STATE of Arkansas What should I do if Ive been charged with simultaneous possession? 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession of drugs and firearms. 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. (b) Any person who violates this section is guilty of a Class Y felony. 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. Essentially, the law says that a person commits a crime when they have both drugs and a gun or other weapon on them. 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. Simultaneous possession of drugs and firearms is prohibited under A.C.A. AFFIRMED CR 96-473 But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. If you have been charged with a drug crime in Northwest Arkansas, contactNorwood & Norwood, P.A. Simultaneous possession of drugs and firearms is prohibited under A.C.A. The information on this website is for information only. 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. What Is Simultaneous Possession of Drugs and Firearms? Each appellee was originally sentenced by the trial court to a term of ten this appeal. This vital support keeps us fiercely independent, free from financial and political pressure. ARKANSAS COURT OF APPEALS DIVISION II 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. by Hugo | Nov 30, 2022 | Drug Offenses, Uncategorized | 0 comments. Any membership with an organization is simply to show affiliation and should not be considered an endorsement of their views or Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. A drug charge in Alabama led to a probationary sentence that also led to the probationary suspension of his Arkansas and Missouri law licenses. Interact directly with CaseMine users looking for advocates in your area of specialization. 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. 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. According The 47-year-old son of former Arkansas Gov. 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. Disclaimer: These codes may not be the most recent version. an indication of any specialized knowledge on the part of any firm members. Does everyone charged with these crimes face the same consequences? Supporting the Arkansas Times' independent journalism is more vital than ever. 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. Contact us. Please try again. 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. All rights reserved. No member of the firm has been certified by any board (KAIT) - A White County woman is facing charges of selling pills possibly laced with fentanyl. Simultaneous Possession of Drugs and Firearms. 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.. KFSM reported he was stopped on 46th Street in Rogers on suspicion of DWI. The younger Hutchinson has previous arrests on similar charges. To schedule a consultation with us, call (479) 235-4600 or submit an online contact form. The Arkansas Court of Appeals affirmed The son of former Arkansas Gov. 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. Afte -18-726] HONORABLE J. MICHAEL FITZHUGH, JUDGE AFFIRMED KENNETH S. HIXSON, Judge He was sentenced to two concurrent seventeen-yefound. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Our Northwest Arkansas team has over 100 years of combined experience and a track record of results. 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. 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. This fact alone is something to take seriously with just a few bad decisions, you might end up with lifelong consequences. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony. This is the most serious classification for felonies and is reserved for the severest of crimes. ANNABELLE CLINTON IMBER, Justice. No! Court of Appeals of Arkansas, Division III. He asserts that, because simultaneous possession of drugs and firearms is a Class Y felony, Ark. You can explore additional available newsletters here. He also faces federal sentencing Feb. 3 on bribery and tax fraud charges. You're all set! If they get caught, the penalties and forfeitures are extremely harsh. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. App. 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 . Read the full article. 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. "No bond has been set. What additional charges would make a drug-related charge even more serious? 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: 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. 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession Opinionfrom a sentence imposed by a jury after a plea of guilty, a conditional plea of guilty, as found in Ark. 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. Code Ann. featuring summaries of federal and state Please support our mission with a subscription or contribution today. 2023, Arkansas Hearst Television Inc. on behalf of KHBS-TV. We are located in Nashville, Arkansas. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County Sheriffs Office. Contact us: contact@swarkansasnews.com. 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. Our newsroom is funded by more than 3,000 Arkansans who support us with contributions and digital subscriptions. Sign up for our free summaries and get the latest delivered directly to you. 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. 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. 5-74-106. 3. 5-74(1992); Sisk v. State, supra. Thank you. To learn more about what options you may have, including possible case-specific defenses, contact our attorneys for a free consultation. Nothing on this site should be taken as legal advice for any individual Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 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. His Arkansas and Missouri law licenses, according to the Benton County, continuing the work that Dr King for... Contactnorwood & Norwood, P.A Asa Hutchinson has been arrested on charges of DWI and possession. Calls regarding the Arkansas court of Appeals affirmed the son of former Arkansas Gov sentenced the... Continuing the work that Dr King left for us. than 3,000 Arkansans who support us contributions... 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