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Joseph Randolph Klammer

Joseph Klammer’s Answers

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  • Can I be charged with a crime in juvinile court when i am an adult, or can it be transfered to adult court?

    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?

    Joseph’s Answer

    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.

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