Criminal Defense Attorney in Benton

In the state of Arkansas, drug-related criminal charges are truly no joke. If you’re convicted of a crime involving drugs, you’re likely to be facing hefty fines and years in prison.

This fact alone is something to take seriously– with just a few bad decisions, you might end up with lifelong consequences.

However, being convicted of drug charges in conjunction with other charges can result in even more serious legal consequences in Arkansas.

What additional charges would make a drug-related charge even more serious?

In Arkansas, the term “simultaneous possession” refers to instances in which someone is in possession of drugs and a firearm at the same time.

The charge only applies if the accused is in possession of a felony controlled substance– if they’re in possession of one of the substances that Arkansas considers a misdemeanor, they cannot be charged with simultaneous possession.

What are the specifics of the Arkansas Simultaneous Possession law?

In order to be charged with simultaneous possession in the state of Arkansas, the accused must have committed a felony violation of Arkansas’s drug laws in addition to being in possession of a firearm or another weapon that could be used to inflict serious injury or death.

It’s 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.

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.

Does everyone charged with these crimes face the same consequences?


Not necessarily.

As we mentioned above, those in possession of drugs considered misdemeanor violations can’t be charged with simultaneous possession.

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.

Am I definitely going to jail if I receive a simultaneous possession charge?

No! Nothing is definite in this situation. Seeking legal counsel can help you connect with a lawyer who will work with you to fully understand the situation.

Once your legal counsel has obtained a full grasp on exactly what happened, they’ll be able to help you come up with a defense. 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.

What should I do if I’ve been charged with simultaneous possession?


The first thing you should do when charged with any crime, including simultaneous possession, is get in touch with an attorney.

Remember that you don’t have to say anything to law enforcement officials without a lawyer present. In fact, we recommend that you don’t speak to them until a lawyer is with you. 

Even if it seems like a casual conversation, it’s entirely possible for you to further incriminate yourself by speaking about the situation.

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 you’ve been charged with a drug-related crime, it’s time to give Digby Law Firm a call or reach out to schedule a consultation. We’re here to help you.


109 W South Street

Benton, AR 72015