A friend of mine was charged for carrying a concealed weapon ( brass knuckles ) but they were mine. I am testifying in court that they were mine. can I be charged with carrying a concealed weapon?
Criminal Defense Attorney
No you cannot be charged with a crime in juvenile court; however, any admissions you make admitting to committing a crime in juvenile court can and will be used against you in adult court. The prosecutor can take your testimony and potentially file charges against you based off your admission.
John S. Riordan, Esq.
West Palm Beach, FL
The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.
Mr. Riordan is correct. However, it is not illegal to simply own them. The crime is in having them on your person. So if you are not admitting to the "carrying" part of "carrying a concealed weapon" then that particular charge won't stick.
Matthew C. Bangerter
1360 West 9th Street, Suite 200
Cleveland, OH 44113
Criminal Defense Attorney
Your question is awkward in that there are a number of crimes for which an adult may be charged and, in fact, may only be charged for in the juvenile court. That said, on this fact pattern the charge would not be in the jurisdiction of the juvenile court,unless it was a charge of contributing to the delinquency of a minor. The juvenile court has exclusive jurisdiction should you be charged with contributing to the delinquency of the minor. This should tell you right off that you need to discuss this matter with counsel.
The answer to the question you are really asking is that you can, in fact, be charged with carrying a concealed weapon for possessing the brass knuckles. There are statutes on point that define brass knuckles as a weapon - in fact, a "deadly weapon" - and there is abundance of case law supporting this application. As to testifying, be mindful that your testimony will, of course, constitute an admission that can be admitted against you should you be charged. In fact, even if you don't testify, any any person can testify to any time you may have made the admission.
It is important that you talk with your lawyer before offering your testimony. Be mindful, that there are also affirmative defenses within R.C. 2923.12 which might be available. You may inadvertently destroy those defenses without the appropriate advice.