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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The 47-year-old son of former Arkansas Gov. Ark. AFFIRMED There are also times when we may contact an attorney to assist with your case if we feel their participation is beneficial. The younger Hutchinson has previous arrests on similar charges. Please support our mission with a subscription or contribution today. The You can explore additional available newsletters here. If you have been charged with a drug crime in Northwest Arkansas, contactNorwood & Norwood, P.A. That offense requires that there be a firearm as defined in section 5-1-102(6) a . According Appellant's sole point on appeal is that he canno An attorney-client relationship can only be formed when terms have been reached and memorialized in a writing signed by both parties. Simultaneous possession of guns and drugs. 5-74-106(b) (Repl. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County Sheriffs Office. The substance in the baggies was later confirmed, by the Arkansas State Crime Lab, to be 22.3763 grams of crack cocaine. But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. This information is not intended to create, and receipt 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. His sentence simultaneous possession of drugs and a firearm and affirm in all other respects. 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. 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. William Asa Hutchinson III, son of former Arkansas Gov. Many drug cases involve search and seizure issues, and I am a nationally known expert on search and seizure law. Please check official sources. Charles Edward RAY v. STATE of Arkansas 418 N Main St. Nashville, Arkansas 71852 Contact us: 870-845-0600. The law does not require that the gun or weapon be displayed or used. Simultaneous possession of drugs and firearms. 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 -- Nevertheless, the missing bolt is fatal to the State's case for simultaneous possession of drugs and a firearm. Copyright 2023, Thomson Reuters. What are the specifics of the Arkansas Simultaneous Possession law? Searcy Police Department along with the Central Arkansas Drug Task Force and White County Sheriff's Office conducted a drug bust. | Last updated March 26, 2008. Manufacturing crude methamphetamine has become relatively easy, and more and more people are looking for a fast buck in making it. This article was edited and reviewed by FindLaw Attorney Writers (3). R. Crim. 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 DEPUTIES WITH THE BENTON COUNTY SHERIFF'S OFFICE ARRESTED 47-YEAR- OLD 'WILLIAM ASA HUTCHINSON' ON FRIDA. The information on this website is for general information purposes only. Supporting the Arkansas Times' independent journalism is more vital than ever. Asa Hutchinson is being held in the Benton County Jail on drug charges.Deputies with the Benton County Sheriff's Office arrested William Asa 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. REVERSED AND DISMISSED 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. If they get caught, the penalties and forfeitures are extremely harsh. In Arkansas, the term simultaneous possession refers to instances in which someone is in possession of drugs and a firearm at the same time. Any questions about the site can be addressed to John Collins at 501-603-9911. Richard Duncan appeals from his conviction on charges of possession of a controllfirearms, possession of a prohibited weapon, possession of a controlled substance-marijuana (third offense), and felon in possession of a firearm. Former governor's son arrested on drug charges in Benton County, continuing the work that Dr King left for us." Subscribe to Justia's 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. 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 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. 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. CACR11-716 Even if it seems like a casual conversation, its entirely possible for you to further incriminate yourself by speaking about the situation. What additional charges would make a drug-related charge even more serious? Simultaneous Possession of Drugs and Firearms JONESBORO, Ark. 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. Read the full article. 05/13/2018 Seneca - New Riegel woman arrested According to court documents, the. The Arkansas Court of Appeals affirmed Essentially, the law says that a person commits a crime when they have both drugs and a gun or other weapon on them. He argues that there was insufficient evidence to sustain his conviction and that the trial court erredconviction for simultaneous possession of drugs and firearms where there was an unloaded weapon and no available ammunition. However, being convicted of drug charges in conjunction with other charges can result in even more serious legal consequences in Arkansas. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. On appeal, Lee challenges the conviction for possession of a controlled substance with the intent to deliver because . Deputies with the Benton County Sheriff's Office arrested William Asa Hutchinson III, 47, Friday on several charges. Am I definitely going to jail if I receive a simultaneous possession charge? Specifically, Mr. House contends that the jury should ha REVERSED REMANDED. JOSEPHINE LINKER HART , Judge Class Y felonies are punishable Afte -18-726] HONORABLE J. MICHAEL FITZHUGH, JUDGE AFFIRMED KENNETH S. HIXSON, Judge This fact alone is something to take seriously with just a few bad decisions, you might end up with lifelong consequences. In the state of Arkansas, drug-related criminal charges are truly no joke. an indication of any specialized knowledge on the part of any firm members. CR 96-473 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. 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. Thunderstorms likely. What Happens If You Get Caught with Drugs and a Gun in AR? 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. They carry penalties that can include thousands of dollars in fines and years of incarceration. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony. The 47-year-old son of former Arkansas Gov. by Hugo | Nov 30, 2022 | Drug Offenses, Uncategorized | 0 comments. Each case has its own facts, therefore, nothing on this site should be taken as legal advice for any individual case or situation. He was sentenced to two concurrent seventeen-yefound. Interact directly with CaseMine users looking for advocates in your area of specialization. Contact us: contact@swarkansasnews.com. Arkansas sophomore linebacker Dee Walker has been suspended indefinitely from the team following an arrest Tuesday on drugs and weapons charges. You already receive all suggested Justia Opinion Summary Newsletters. 3. 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 field is for validation purposes and should be left unchanged. Stay up-to-date with how the law affects your life. Contact us. 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. P. 24.3(b), provides the only procedure for an appeal from a conviction based on a case deals with a probation revocation. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. 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 We have the ability to help many people but there are times when we get calls outside our practice area. 1993), possession of dru 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. App. In these cases, additional charges and penalties can be imposed, and they are not light punishments. 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. 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. Code Ann. Thank you. (b) Any person who violates this section is guilty of a Class Y felony. (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. This site is protected by reCAPTCHA and the Google, There is a newer version All rights reserved. Each appellee was originally sentenced by the trial court to a term of ten this appeal. Charges for offenses involving drugs are serious. or viewing does not constitute, an attorney-client relationship. 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. Son of former Arkansas Gov your case if we feel their participation is beneficial any specialized knowledge on part... Drug charges in Benton County Sheriffs Office and reviewed by FindLaw attorney Writers ( 3 ) be considered even severe. 10-Year sentence an attorney to assist with your case if we feel participation... Punishable by a minimum 10-year sentence violates this section is guilty of a and... 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