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Advice needed M3 charge brining weapon to court house. Weapons, Guns, Firearms

Discussion in 'Criminal Charges' started by adam17, Jun 11, 2011.

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  1. adam17

    adam17 Law Topic Starter New Member

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    Hello all,

    I am wringing this on behalf of my fiance. We are both professional school students that go to school in Ohio. We were asked by my fiance's mother to attend a custody hearing as witnesses in a court in Pittsburgh PA. I am very protective of her because she has night classes on a big main campus of a notoriously dangerous school, so I purchased a taser for her along with a plastic push knife to carry in her purse. When we went to court we were all very upset and stressed because it was a custody case for her little sister so she didn't have her head about her. When we went to enter the courthouse she put all of the contence of her purse on the tray to go through the x-ray machine, including the plastic knife, it never crossed her mind that they would even care. When they sent it through the officer manning the machine wasn't even paying attention and didn't notice until she asked them if she could have it with her (sigh...). This lead to her being detained in the Police Department in the courthouse and charged with a 3rd degree misdemeanor over a plastic knife. My questions are 1) What do we do? We are both living on student loans and cant afford a lawyer (she is facing 1 year in prison and a $2,500 fine). 2) we live 3 hours from PA and have to make 2 trips there and cant even afford the gas (1 for fingerprinting and 1 for the initial hearing); I don't know if that is the arraignment or evidential hearing or anything. 3) she was never permitted to make a statement, or read rights, or even issued a citation until one came in the mail a week later.

    Mainly I am interested in how this is going to go and the likelihood of jail time (the thought of which is nauseating and so horrific for this sort of thing that it makes me want to devote my life to ruining the careers of the officials involved). Are we going to be offered a public defender without ever being read rights? Will she be arrested at the fingerprinting and have to post bail?
     
  2. army judge

    army judge Super Moderator

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    You should be glad she made no statement.

    Going forward, remain silent, plead not guilty, and ask for the court to appoint a lawyer to represent her.

    This will be a nothing in the end.

    However until the end arrives, it is a something.

    So now patience is required.

    I also recommend that she shoukd stop carrying weapons of any kind. She doesn't need to invite more trouble.

    Stay outta trouble and do what is asked of you and this will all be swept away. Until then, shut up and wait.

    Forget Miranda, that wasn't necessary under the circumstances you related.
     
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  3. charlesc

    charlesc New Member

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    if me i would not admit to carrying a weapon in court. i use a plastic knife utensil to cut my fruit at lunch. (a lawful use)

    anything can be a so called weapon, even a pen can be used to damage people.

    things are not dangerous in and of themselves, but its how they are used. (for good or evil)

    the word weapon sounds like i had intent to damage people.

    weap·on   noun

    1. any instrument or device for use in attack or defense in combat, fighting, or war, as a sword, rifle, or cannon.
    2. anything used against an opponent, adversary, or victim: the deadly weapon of satire.
    3. Zoology . any part or organ serving for attack or defense, as claws, horns, teeth, or stings.

    a weapons search is a criminal investigation,

    officer, are weapon searches criminal investigations? why didnt you read me my rights
     
    Last edited: Aug 9, 2011
  4. mightymoose

    mightymoose Moderator

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    Except that the law and the signs on display before the detectors clearly indicate that such knives, among other kinds of weapons, are prohibited beyond that point. Define "weapon" however you like, but it is the language on the sign at the court that matters more than anything.
     
  5. charlesc

    charlesc New Member

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    maybe the courts sign (a legal notice) can be discharged by another legal notice.

    or she can say in court, "she's not a lawyer and cant make a legal determination about what that sign means". not being a lawyer she cant be expected to understand all those legal terms.

    i dont consider a plastic eating utensil a weapon

    have a nice day
     
    Last edited: Aug 10, 2011

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