Thread: Dangerous Weapons charge
09-15-2003, 04:26 PM #1
Dangerous Weapons charge
As laws state to state vary I guess im really interested in what people from Mass, Cali and New York have to say. I was in a car that got pulled over and all 4 of us were charged with class D possession (weed) I however do not smoke weed yet I got charged with it because they say they found a joint in the car and we were all charged. (over a fucking joint) . Anyways they also charged me with possesion of a dangerous weapon (Brass Knuckles). I know I would never hit anyone with them and had them basically for novelty. I've had them since highschool and for some dumb reason brought them out with me (dont know why). HAs anyone here in the above mentioned states preferably and any other state been arrested for dangerous weapon charge? I go to court tomorrow for it. I have never been arrested before or convicted of anything and at the low end of the scale for dangerous weapon you get a 500 dollar fine at the high end 2 1/2 years imprisonment.
Please all comment.
09-15-2003, 04:28 PM #2
Plead not guilty and get a lawyer. Don't say or sign anything!!!
09-15-2003, 04:34 PM #3
I dont know about the weapons charge, but I had a friend who got arrested for having a joint in his car (as well as refusing to provide his id)
.He said it wasnt his and the judge made him take a drug test. He passed and got the charges dropped.
09-15-2003, 05:21 PM #4
I can pass any drug charge right now. I figure I will have to get a lawyer. Im not to sure about those public defenders. Do you really think I will get in a big amount of trouble for the knuckles?
09-15-2003, 05:39 PM #5
Found this on google.
2. Weapons--Offenses--Carrying Slungshot, billies, sandbags, and brass knuckles --Intent--Power of Legislature.
The Legislature had power to enact Penal Law (Consol. Laws 1909, c. 40) § 1897, making one who carries or possesses any weapon known as a slungshot, etc., guilty of a felony, without requiring proof of an intent to unlawfully use it, construing the statute as prohibiting the carrying of a slungshot, etc., within the immediate control and use for unlawful purposes; the Bill of Rights not invalidating such a statute.
09-15-2003, 05:45 PM #6Originally Posted by Gmill13
09-15-2003, 05:46 PM #7
I read something also that says having it concealed would be worse. Im glad I didnt have it in my pocket. It was in the car when they found it.
09-15-2003, 05:47 PM #8
Basically 1 year probation , you just cant fuck up and they drop the charges right? Also thank you Bobboo.
09-15-2003, 07:56 PM #9
Don't do or say anything except "Not Guilty" and "Yes, I can afford my own lawyer". Then go get a good lawyer!
09-15-2003, 08:11 PM #10
Bro....... your possession charge is whats called constructive possession, this means that if noone claims the joint in the car or everybody says "I dont know" when the cop asks whos it is, you all go to the pokey or if he just wants to be a Prick, as far as the Brass Knuckles charge goes, yes get an attorney if you have time, tell your attorney that you ordered the Brass Knuckles from a magazine and they were a belt Buckle, the buckle broke and the Knuckles have been in your ride ever since, saw this same scenerio in court and the guy got off scott free due to the fact that the Knuckles were considered a novelty and not a weapon and were not concealed, the search was good on the car because of the joint and the arrest so dont go there......oh and your prior record also has some impact(if you have one)........ hope this helps, and good luck Bro......Cntndr
09-15-2003, 09:25 PM #11Originally Posted by Contender
Now back ot the gun in the car. Did this go down on you as a felony. I xcant afford a felony. I travel alor out of country and this restricts travel signifigantly. Im a freekan Travel agent. I was thinking of calling them a novelty. Good Idea. I might say I found them at a payphone I went to use that night and just took them , and say I didnt know they were illegal.
09-15-2003, 09:32 PM #12Originally Posted by Gmill13
09-15-2003, 09:34 PM #13
oops sorry double post
09-15-2003, 10:14 PM #14
You're going to court tomorrow. I'm not one to usually get mad but this is the last time I am going to say this and I say this becasue I know how it will turn out either way:
Scenerio 1 (my plan): Don't say anything except when they ask you how you plead... you say "NOT GUILTY" Then the judge will ask you if you can afford a lawyer and you say "YES". PERIOD!!! You find a good laywer and go to pre-trial and he makes a deal for you ... you plead no contest, they lower the weapons charge to a misdeminor and dismiss the marijuana. You get the case filed for 1 year and if you don't get in trouble for 1 year, it is dismissesed.
Scenerio 2 (Your plan): You plan on pleading guilty to the marajuana and saying you "found the knuckles at a pay phone and didn't know they were illegal" so in essence you are pleading guilty to both charges. The judge will tear you apart! You get a year or two of probation (maybe a suspended sentance), consuleing, and drug tests. You now have a felony on your record for life!
GO WITH SCENERIO 1!!!!!!
09-15-2003, 11:07 PM #15
I'm from MA. It sounds like bullshit. I carry a retractable baton in my car's door and a baseball in the backseat. I have gloves for lifting in the back and I've been pulled over before.
The cop was glancing around my backseat through the windows saw the bat and asked why I had it. Well I asked him whats a baseball bat used for? He kinda saw my sarcasm and asked where my glove or hat was. Told him I didn't need one and since I got gloves (I can use em as batting gloves in my backseat). I told him the bat wasn't a issue. I was originally pulled over in a parking lot talking to my g/f at the time and he just wondered why I was in an empty parking lot. He let me go and I talked to him the whole time extremely civil. He just told me some nosey neighbor called the cops on a car in a lot.
Situation 2: I got pulled over going like street racing. The guy I was racing slowed down and when I saw why it was too late. I slowed down but I got pulled over. Real polite cop. Asked why I was going so fast and I told him about my messed up gauges (Fuel gauge and spedometer is messed up. Tach is fine). He asked if I drank anything that night and if he could check the car. I told him politely I have nothing to hide but I would prefer if he didn't inspect the car. I was nice to the guy the whole time and he let me go with a warning.
The story behind all this. Even if you have something illegal like I usually have. (Baton, Tazer, Knifes). Always be polite. The cops DON'T have the regular right to expect your car unless your acting extremely suspicious. I always act polite to cops even though I don't like most of them. They usually will let you go with warning or if they didn't get any ass the night before from their wive's.....your screwed.
09-15-2003, 11:11 PM #16
Oh yea to be relevant to this topic. I have been arrested once before. Graffiti and possession of class D. I got let off as a juvinelle and record explunged.
Then two years ago I was drunk and made prank calls and I got brought to court (Summoned). Supposedly the girl who answered the phone was 12 years old and they tought I was a pedophile stalker. Complete bullshit but the parents were so pissed about the calls they brought it to criminal court.
Took 7 months of court to clear it up. Did 40 hours community service, my navy recruiter came in told them about me joining the navy and the case was dismissed. To the dismay of the parents. I'm out of the Navy now as you can see. (I spent some time in the Brig while I was in).
Bill of Rights, UCMJ = Sucks.
Too many cops act like assholes. They could have let you go easily. Confinscated the knuckles and just tossed the weed out. They shoulda written you a warning and let you off. I'd try and bring this to your advantage.
09-16-2003, 11:28 AM #17
well Arthur B I took you advice. I like it. I have pretrial hearing Oct 3rd. I meet with my Lawyer tomorrow afternoon. Judge wasnt even concerned with me or my friends. A 14 year old kid got shot in the face by a cop that weekend and all of those people were there with tc cameras and what not and everyone could feel the tension around us so I dont think the judge cared much.
Calipso I agree with the cops there was no need for them to be this hard on us, it must have been a slow night. Boston cops are assholes anyways. Any local cop would have let us go. I know this it happened before, not with knuckles but other shit.
Oh well I'm getting a good lawyer I guess. My friend got a court appointed attorney(public defnder) and this is his 3rd case and hes still a BU student, hope that works for him.
09-16-2003, 12:28 PM #18
"fuck The Police!" N.w.a.
09-16-2003, 05:38 PM #19
I've never had a problem with Boston Cops. It's always the cops who never get any ass or their wife left them. Some people just have frustrating lifes and then take it out on the job. You deal with them everywhere.
Taco Bell, Walmart, Banks, Post Office, Supermarkets, and the police among them.
Sometimes you just can't avoid em.
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