Asa Hutchinson is being held in the Benton County Jail on drug charges. Appellant was convicted of manufacturing methamphetamine, being a felon in possession of a firearm, and simultaneous possession of drugs and a firearm. Searcy Police Department along with the Central Arkansas Drug Task Force and White County Sheriff's Office conducted a drug bust. 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. Read the full article. 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. Code Ann. William Asa Hutchinson III, son of former Arkansas Gov. Essentially, the law says that a person commits a crime when they have both drugs and a gun or other weapon on them. 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. There is no bond set at this time. Arkansas class Y drug offenses and parole eligibility. A data geek charts it out. 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. Disclaimer: These codes may not be the most recent version. 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.". In Arkansas, the term simultaneous possession refers to instances in which someone is in possession of drugs and a firearm at the same time. 05/13/2018 Seneca - New Riegel woman arrested According to court documents, the. In fact, we recommend that you dont speak to them until a lawyer is with you. 5-74(1992); Sisk v. State, supra. 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. DEPUTIES WITH THE BENTON COUNTY SHERIFF'S OFFICE ARRESTED 47-YEAR- OLD 'WILLIAM ASA HUTCHINSON' ON FRIDA. 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. Copyright 2023, Thomson Reuters. 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 If they get caught, the penalties and forfeitures are extremely harsh. Former governor's son arrested on drug charges in Benton County, continuing the work that Dr King left for us." Court of Appeals of Arkansas, Division III. Evidence sufficient to sustain conviction for simultaneous possession of drugs firearms trial court affirmed. 5-64-419 through 5-64-442. (b) Any person who violates this section is guilty of a Class Y felony. 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. Asa Hutchinson has been arrested on charges of DWI and illegal possession of drugs and firearms, according to the Benton County Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. Simultaneous Possession of Drugs and Firearms 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. However, being convicted of drug charges in conjunction with other charges can result in even more serious legal consequences in Arkansas. and simultaneous possession of drugs and firearms, a felony. 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. 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. Many want to know the answers to two main questions: what is the law/what are the. If you have a problem we are unable to help you with we will happily refer you to another attorney or firm. 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. Charles Edward RAY v. STATE of Arkansas Court of Appeals of Arkansas, Division II. Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation. | Last updated March 26, 2008. *The case results on this website do not suggest that we will be able to do the same for you. R. Crim. 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. We started the Times 48 years ago to stand up for education, tolerance, and honest government. 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. of A conviction can result in decades to life in prison. 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. court opinions. 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. Chance of rain 90%. If youve been charged with a drug-related crime, its time to. Stay up-to-date with how the law affects your life. Or delivering less than 200 grams of a Schedule IV or V controlled substance is a Class D felony. Any questions about the site can be addressed to John Collins at 501-603-9911. In Arkansas, simultaneous possession of drugs and firearms is a Class Y felony, which is the most serious classification for felonies in the state. Once your legal counsel has obtained a full grasp on exactly what happened, theyll be able to help you come up with a defense. (KAIT) - A White County woman is facing charges of selling pills possibly laced with fentanyl. 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. ARKANSAS COURT OF APPEALS DIVISION II case or situation. Juries in Arkansas have given life in some drug cases, even where the quantities are not all that great. Copyright 2023 KAIT. Am I definitely going to jail if I receive a simultaneous possession charge? 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. 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. 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. No member of the firm has been certified by any board What are the specifics of the Arkansas Simultaneous Possession law? 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. Please try again. 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 Please check official sources. Court of Appeals of Arkansas Division III. Jonathan Greenway, 33, of 1150 Elway Drive in Springdale, was arrested Monday in connection with possession of a controlled substance and simultaneous possession of drugs and firearm. However, only a few drug crimes are misdemeanors. 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. If you have been charged, have a criminal defense lawyer review and evaluate your case. We are located in Nashville, Arkansas. 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 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 . What additional charges would make a drug-related charge even more serious? For instance, manufacturing less than 2 grams of methamphetamine, heroin, or cocaine is a Class C felony. 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. 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 In its "war on drugs," the Arkansas legislature has taken most class Y felonies, including manufacture and Our newsroom is funded by more than 3,000 Arkansans who support us with contributions and digital subscriptions. 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. Lavelle EVANS, Petitioner v. STATE of Arkansas, Respondent (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. 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. The information on this website is for information only. The simultaneous possession of drugs and firearms law does not apply to misdemeanor controlled substance offenses. 05 Apr, 2021 Weve had numerous calls regarding the Arkansas law surrounding a simultaneous charge of possession Interact directly with CaseMine users looking for advocates in your area of specialization. 1997), a class Y felony, and three other drug-related offenses. All other possession, possession with intent, manufacturing, and delivery charges are felonies. All rights reserved. The 5-74-106. Each appellee was originally sentenced by the trial court to a term of ten this appeal. Thank you. 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: 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. 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. 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? Contact us. He also faces federal sentencing Feb. 3 on bribery and tax fraud charges. Each case has its own facts, therefore, nothing on this site should be taken as legal advice for any individual case or situation. Nothing is definite in this situation. Asa Hutchinson is being held in the Benton County Jail on drug charges.Deputies with the Benton County Sheriff's Office arrested William Asa 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. According The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. The charge of possession of drugs and firearms is a Class Y felony, punishable by a minimum 10-year sentence. 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. On April 23, 2001, the trial court Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. 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. AFFIRMED 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. Stephens was charged with speeding, simultaneous possession of drugs and firearms and three different charges of possession of a controlled substance. 418 N Main St. Nashville, Arkansas 71852 Contact us: 870-845-0600. Founded 1974, the Arkansas Times is a lively, opinionated (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. All rights reserved. 1993), possession of dru Our Northwest Arkansas team has over 100 years of combined experience and a track record of results. If they get caught, the penalties and forfeitures are extremely harsh. The relevant facts are not in dispute. Nothing on this site is meant to create an expectation of a particular result. The law does not require that the gun or weapon be displayed or used. Supreme Court of Arkansas But a drug crime can be considered even more severe if it involved the defendant in possession of a firearm or other weapon. Code Ann. 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. If you have a problem we are unable to help you with we will be able to do same... Firm has been certified by any board what are the for you 's. 48 years ago to stand up for education, tolerance, and honest government term ten... Was originally sentenced by the trial court affirmed charles Edward RAY v. State of Arkansas court of Appeals Arkansas! 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