i was caught with a sheathed knife in the door of my car, they officer wrote me a citation for first degree carrying concealed weapon other then a fire arm. either way i dont have the money for a fine, or a lawyer. i was wondering what is the most probable outcome? and if there are any loop holes i should look for? and i am 18, this is my first lovely encounter with the boys in blue
You actually have a few questions here, which I'll try to answer in order.
First, if you have no money to hire a lawyer, politely ask the Judge if s/he'll appoint one to your case or ask for a Public Defender. That should solve that large problem for you.
The next step is to attack the State's case in chief. You do this first by questioning why the traffic stop occurred, which gave rise for the police to search your vehicle. If You can showed completion a legitimate reason to stop her vehicle coming maybe able to "suppress" (keep out of evidence ) the results of the search . In this case, that is your sheathed knife. So if you in the motion suppress , then the case is essentially over and you won't be convicted of anything!
Even if you lose the motion to suppress , you still have a better than average chance at trial . In order to convict you, the State still must prove that you carried or had this knife "ready at hand" and/or carried it as a "weapon." If you testified that you kept that knife to gut a deer, whether roadkill or hunting trophy...or use it at work to cut cardboard, plastic straps, etc.....or have it in emergency to cut searbelt, then clearly you did NOT carry it as a "weapon."
I hope this answers your question . Good luck in the case and beyond !
Atty. Dennis DiMartino
The above information is shared for educational and discussion purposes only. No Attorney-Client relationship is intended or established through your reliance on the information provided. If your legal rights could be impacted by using this information, you are urged to seek legal counsel before taking action. Atty. Dennis A. DiMartino 1032 Boardman-Canfield Road Suite 103 Youngstown, OH 44512-4238 330.629.9030 Ext. 111 Phone 330.629.9036 FAX [email protected]
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