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Combining Possession Charges Trial
Summary
In Arkansas, separate possession charges can be tried together if they are part of a similar scheme or plan, but it depends on the case specifics and judges discretion. To request separate trials, file a Motion to Sever explaining why combining charges would be prejudicial. The statute of limitations for drug possession is generally 3 years from the offense date, but filing stops the clock. If evidence was obtained unlawfully, a Motion to Suppress can be filed, though if denied, consider an appeal or motion for reconsideration. If successful, file a Motion to Dismiss due to lack of lawful evidence.Full Conversation
I reside in Conway Arkansas. United States. I was charged with possession of
Hi ****! Thanks for sharing your location. For possession charges in Arkansas, here are some general points to consider:
- Possession of controlled substances can lead to severe consequences including fines and imprisonment.
- Penalties vary depending on the type and amount of substance.
- First-time offenders might be eligible for diversion programs.
Would you like to know more about specific defenses or the legal process in Arkansas?
- Possession of controlled substances can lead to severe consequences including fines and imprisonment.
- Penalties vary depending on the type and amount of substance.
- First-time offenders might be eligible for diversion programs.
Would you like to know more about specific defenses or the legal process in Arkansas?
Possession of more than * grams less than *. The charges were picked up at two separate occasions andare scheduled to be tried on December * th can they try two separate possession charges be tried in the same jury trial if they were acquired at two separate times? on
In Arkansas, it is possible for two separate possession charges to be tried in the same jury trial if they are part of a similar scheme or plan. However, it largely depends on the specifics of your case and the judge's discretion.
- Joint Trials: Charges from different incidents can sometimes be combined for efficiency.
- Severance: Defendants can request separate trials to ensure a fair trial.
Have you spoken to your attorney about possibly requesting to sever the charges?
- Joint Trials: Charges from different incidents can sometimes be combined for efficiency.
- Severance: Defendants can request separate trials to ensure a fair trial.
Have you spoken to your attorney about possibly requesting to sever the charges?
What motion needs to be filed to acquire a severance
To request a severance, you would need to file a "Motion to Sever." This motion asks the court to separate the charges into different trials. It's generally filed when you believe that combining the charges would be prejudicial to your case. Have you consulted your attorney about preparing and filing this motion?
I’m self representing
Since you are self-representing, here are the steps to file a "Motion to Sever":
*. Draft the Motion: Write a formal request explaining why separate trials are necessary for a fair trial.
*. Include Legal Basis: Reference any relevant laws or precedents supporting your request.
*. File with Court Clerk: Submit the motion to the court handling your case.
*. Serve the Prosecutor: Provide a copy of the motion to the prosecutor.
Would you like more details on drafting the motion or any other aspect of your case?
*. Draft the Motion: Write a formal request explaining why separate trials are necessary for a fair trial.
*. Include Legal Basis: Reference any relevant laws or precedents supporting your request.
*. File with Court Clerk: Submit the motion to the court handling your case.
*. Serve the Prosecutor: Provide a copy of the motion to the prosecutor.
Would you like more details on drafting the motion or any other aspect of your case?
Could you give me an example of a motion to sever so I know what it needs to look like?
Sure, ****! Here's a basic example of a "Motion to Sever":
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IN THE CIRCUIT COURT OF [COUNTY], ARKANSAS
STATE OF ARKANSAS,
Plaintiff,
vs.
WILLIAM HOOVER,
Defendant.
Case No.: [Your Case Number]
MOTION TO SEVER
Defendant, **** ****, respectfully moves this Court to order separate trials for the charges against him. In support of this motion, Defendant states as follows:
*. The Defendant is charged with two counts of possession of a controlled substance, arising from two separate incidents on different dates.
*. Combining these charges in a single trial would be prejudicial to the Defendant and could lead to an unfair trial.
*. The charges are not part of a common scheme or plan, and trying them together could confuse the jury and affect their decision-making.
*. Pursuant to Arkansas Rule of Criminal Procedure *.*, the Defendant requests that the charges be severed to ensure a fair trial.
WHEREFORE, Defendant respectfully requests that this Court grant the Motion to Sever and order separate trials for the charges against him.
Date: [DateRespectfully submitted,
_____________________________
**** ****
[Your Address]
[City, State, ZIP Code]
[Your Phone Number]
---
Would you like any additional help with your case or other legal documents?
---
IN THE CIRCUIT COURT OF [COUNTY], ARKANSAS
STATE OF ARKANSAS,
Plaintiff,
vs.
WILLIAM HOOVER,
Defendant.
Case No.: [Your Case Number]
MOTION TO SEVER
Defendant, **** ****, respectfully moves this Court to order separate trials for the charges against him. In support of this motion, Defendant states as follows:
*. The Defendant is charged with two counts of possession of a controlled substance, arising from two separate incidents on different dates.
*. Combining these charges in a single trial would be prejudicial to the Defendant and could lead to an unfair trial.
*. The charges are not part of a common scheme or plan, and trying them together could confuse the jury and affect their decision-making.
*. Pursuant to Arkansas Rule of Criminal Procedure *.*, the Defendant requests that the charges be severed to ensure a fair trial.
WHEREFORE, Defendant respectfully requests that this Court grant the Motion to Sever and order separate trials for the charges against him.
Date: [DateRespectfully submitted,
_____________________________
**** ****
[Your Address]
[City, State, ZIP Code]
[Your Phone Number]
---
Would you like any additional help with your case or other legal documents?
What is the statute of limitations for these charges and what is the reasonable standard timetable for trying charges of this nature?
In Arkansas, the statute of limitations for drug possession charges is generally 3 years from the date of the offense. The standard timetable for trying charges such as these can vary, but typically:
- Pre-Trial Motions: Filed within a few weeks to months.
- Trial Date: Can be scheduled several months to a year after charges are filed, depending on court availability.
Would you like more details on how to prepare for your trial?
- Pre-Trial Motions: Filed within a few weeks to months.
- Trial Date: Can be scheduled several months to a year after charges are filed, depending on court availability.
Would you like more details on how to prepare for your trial?
February * * was whenthe first charge was filed so if I am not convicted before February * * the charges have to be dropped?charged
In Arkansas, the statute of limitations for drug possession charges is generally 3 years from the date of the offense. However, if the charge was filed on February *, *, the statute of limitations stops running. The charges do not need to be resolved within that timeframe, only filed.
Would you like more information on preparing for your trial or any other aspect of your case?
Would you like more information on preparing for your trial or any other aspect of your case?
Yes I need to file a motion to dismiss based on evidence that was obtained by means of an unlawful search. The officer plainly stated that his intentions of doing an inventory search were to obtain evidence.
To file a motion to dismiss based on evidence obtained from an unlawful search, you should draft a "Motion to Suppress Evidence." Here are the steps:
*. Draft the Motion: Outline why the evidence should be suppressed due to the unlawful search.
*. Legal Basis: Include relevant laws or case precedents that support your claim.
*. File with Court Clerk: Submit the motion to the court.
*. Serve the Prosecutor: Provide a copy to the prosecution.
Would you like an example of a "Motion to Suppress Evidence"?
*. Draft the Motion: Outline why the evidence should be suppressed due to the unlawful search.
*. Legal Basis: Include relevant laws or case precedents that support your claim.
*. File with Court Clerk: Submit the motion to the court.
*. Serve the Prosecutor: Provide a copy to the prosecution.
Would you like an example of a "Motion to Suppress Evidence"?
A motion to suppress was already filed and denied by the judge.
Since your motion to suppress has already been denied, you may consider filing an appeal or a motion for reconsideration, depending on the circumstances. Here are a few points to consider:
- Appeal: You can appeal the judge's decision to a higher court.
- Motion for Reconsideration: Request the same court to reconsider its decision based on new evidence or legal arguments.
Would you like more details on how to file an appeal or a motion for reconsideration?
- Appeal: You can appeal the judge's decision to a higher court.
- Motion for Reconsideration: Request the same court to reconsider its decision based on new evidence or legal arguments.
Would you like more details on how to file an appeal or a motion for reconsideration?
Yes
To file an appeal or a motion for reconsideration, here are the steps:
Appeal:
*. Notice of Appeal: File a notice within 30 days of the decision.
*. Brief: Draft a brief outlining errors in the original decision.
*. File with Appellate Court: Submit all documents to the appellate court.
*. Notice of Appeal: File a notice within 30 days of the decision.
*. Brief: Draft a brief outlining errors in the original decision.
*. File with Appellate Court: Submit all documents to the appellate court.
Motion for Reconsideration:
*. Draft the Motion: Explain why the decision should be reconsidered.
*. Include New Evidence or Arguments: Provide any new evidence or legal arguments.
*. File with Court Clerk: Submit to the court that denied your motion.
Would you like more details on either process?
*. Draft the Motion: Explain why the decision should be reconsidered.
*. Include New Evidence or Arguments: Provide any new evidence or legal arguments.
*. File with Court Clerk: Submit to the court that denied your motion.
Would you like more details on either process?
Yes for the motion for reconsideration based on the officers misconception of events and the body cam that shows how the evidence was found and the outwardly communicated intentions of the officer to find evidence during his inventory search could you please draft me an example of a motion for reconsideration?
Sure, ****! Here's a basic example of a "Motion for Reconsideration":
---
IN THE CIRCUIT COURT OF [COUNTY], ARKANSAS
STATE OF ARKANSAS,
Plaintiff,
vs.
WILLIAM HOOVER,
Defendant.
Case No.: [Your Case Number]
MOTION FOR RECONSIDERATION
Defendant, **** ****, respectfully moves this Court to reconsider its decision to deny the Motion to Suppress Evidence. In support of this motion, Defendant states as follows:
*. The Court previously denied Defendant's Motion to Suppress Evidence obtained during an inventory search.
*. New evidence, specifically body cam footage, shows the officer's intent to find evidence, not conduct a routine inventory search.
*. The officer's actions demonstrate a misconception of the events and a violation of the Defendant's Fourth Amendment rights.
*. Pursuant to Arkansas Rule of Criminal Procedure *.*, the Defendant requests reconsideration based on this new evidence and legal argument.
WHEREFORE, Defendant respectfully requests that this Court grant the Motion for Reconsideration and suppress the evidence obtained during the unlawful search.
Date: [Date]Respectfully submitted,
_____________________________
**** ****
[Your Address]
[City, State, ZIP Code]
[Your Phone Number]
---
Would you like any additional help with your case or other legal documents?
---
IN THE CIRCUIT COURT OF [COUNTY], ARKANSAS
STATE OF ARKANSAS,
Plaintiff,
vs.
WILLIAM HOOVER,
Defendant.
Case No.: [Your Case Number]
MOTION FOR RECONSIDERATION
Defendant, **** ****, respectfully moves this Court to reconsider its decision to deny the Motion to Suppress Evidence. In support of this motion, Defendant states as follows:
*. The Court previously denied Defendant's Motion to Suppress Evidence obtained during an inventory search.
*. New evidence, specifically body cam footage, shows the officer's intent to find evidence, not conduct a routine inventory search.
*. The officer's actions demonstrate a misconception of the events and a violation of the Defendant's Fourth Amendment rights.
*. Pursuant to Arkansas Rule of Criminal Procedure *.*, the Defendant requests reconsideration based on this new evidence and legal argument.
WHEREFORE, Defendant respectfully requests that this Court grant the Motion for Reconsideration and suppress the evidence obtained during the unlawful search.
Date: [Date]Respectfully submitted,
_____________________________
**** ****
[Your Address]
[City, State, ZIP Code]
[Your Phone Number]
---
Would you like any additional help with your case or other legal documents?
Now as those are key steps in the right direction I will then need also a motion to dismiss based on the presidency that There is no lawfully obtained evidence to continue prosicution evedence
Here's a basic example of a "Motion to Dismiss" based on the lack of lawfully obtained evidence:
---
IN THE CIRCUIT COURT OF [COUNTY], ARKANSAS
STATE OF ARKANSAS,
Plaintiff,
vs.
WILLIAM HOOVER,
Defendant.
Case No.: [Your Case Number]
MOTION TO DISMISS
Defendant, **** ****, respectfully moves this Court to dismiss the charges against him. In support of this motion, Defendant states as follows:
*. The Court previously denied Defendant's Motion to Suppress Evidence obtained during an inventory search.
*. New evidence, specifically body cam footage, indicates that the evidence was obtained through an unlawful search.
*. The officer's stated intent to find evidence, rather than conduct a routine inventory search, violated the Defendant's Fourth Amendment rights.
*. Without this unlawfully obtained evidence, the prosecution lacks sufficient evidence to continue the case.
*. Pursuant to Arkansas Rule of Criminal Procedure *.*, the Defendant requests the dismissal of all charges due to the lack of admissible evidence.
WHEREFORE, Defendant respectfully requests that this Court grant the Motion toDismiss and terminate the prosecution against him.
Date: [Date]
Respectfully submitted,
_____________________________
**** ****
[Your Address]
[City, State, ZIP Code]
[Your Phone Number]
---
Would you like any further assistance with filing this motion or other aspects of your case?
---
IN THE CIRCUIT COURT OF [COUNTY], ARKANSAS
STATE OF ARKANSAS,
Plaintiff,
vs.
WILLIAM HOOVER,
Defendant.
Case No.: [Your Case Number]
MOTION TO DISMISS
Defendant, **** ****, respectfully moves this Court to dismiss the charges against him. In support of this motion, Defendant states as follows:
*. The Court previously denied Defendant's Motion to Suppress Evidence obtained during an inventory search.
*. New evidence, specifically body cam footage, indicates that the evidence was obtained through an unlawful search.
*. The officer's stated intent to find evidence, rather than conduct a routine inventory search, violated the Defendant's Fourth Amendment rights.
*. Without this unlawfully obtained evidence, the prosecution lacks sufficient evidence to continue the case.
*. Pursuant to Arkansas Rule of Criminal Procedure *.*, the Defendant requests the dismissal of all charges due to the lack of admissible evidence.
WHEREFORE, Defendant respectfully requests that this Court grant the Motion toDismiss and terminate the prosecution against him.
Date: [Date]
Respectfully submitted,
_____________________________
**** ****
[Your Address]
[City, State, ZIP Code]
[Your Phone Number]
---
Would you like any further assistance with filing this motion or other aspects of your case?
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