Hello,
There's a lot of details that may or may not be significant to the case but hopefully it can help you visualize the entire situation and better understand where I stand in this case. I will try to be as breif as possible. If not, you may skip down to the last few paragraphs to get to the point.
Back in January, my brother and I were driving to visit my nephew. It was about a 2 hour drive, about 8:30pm and we happened to stop in a small town of about 10,000 or so for a restroom break. When we were heading out to get back on the highway, we missed the turn so we had to make a u-turn. In doing so, we noticed a marked squad-car parked near there, in the dark. He didn't take any action, but about 3 blocks down, another squad-car takes a U-turn and pulls us over supposedly for speeding.
Now, the details of the arrest.
I can't see well at night so my brother drove. I have a valid drivers license, he didn't. Plus, we had been drinking. 2 each, which isn't much for us. No OWI charge. I cooperated. The drinking wasn't even an issue. During the questioning, the commanding officer drives by and I assume he had the arresting officer search our car. We had nothing to hide so we gave him permission. It was a thorough search, he even searched the trunk and went through our fishing equipment. After that, my bother was given an alocohol breathilizer test and was handcuffed and put into the squad-car.
Next, the arresting officer tells me "You're lucky, we're letting you go, you can either follow us to the station or go pickup money to bail him out". Then, suddenly, he jumps back into our car and pulls out a switchblade knife, specifically a "butter-fly" knife. The blade is initially enclosed within the handle, which opens up and flips over for use. The blade is 3 inches long, not including the handle. It's not the "press a button" blade. He asked who's it was. And I honestly told him it was mine but at the same time, I honestly didn't know it was in my backpack, which I had brought along to put my clothes for the weekend trip, which I told him. It wasn't concealed either. It was in it's own pocket in the backpack but nothing covered it or anything to hide it's presence.
The actual details are, the knife has been in there for over a year. I had no intention of using it nor did I know it was in my possession(in my backpack,which was in the backseat).In the past, I was an exotic knife collector and it was one of them. I try not to make a habit of transporting knives.
I told the officer this but it seems as if me not knowing was irrelavant.
The arresting officer told me that knife was illegal. I responded saying I didn't know, since I bought it at a gift shop in Chicago. Where exactly, I don't recall. These types of knives are also sold in flea markets, many liquidation type sales, and probably some hunting or sporting good shops. If you're looking to run to Wal-Mart or Gander Mountain, I doubt you'd find one though. Anyways, after I responded, "I bought it at a gift shop, I didn't know it was illegal". The commanding officer then responded saying something along the lines of "Like weed? Do they sell weed at stores?". I didn't want to "mouth off" but I didn't see how his response had anything to do with the situation so I responded by asking what weed had to do with anything and repeated myself by telling them I bought it at a gift shop and didn't know it was illegal, also that I didn't know it was in my backpack.
Regardless of those facts, I know that possession is possession. So they took me downtown, handcuffed of course. I overheard the CO(commanding officer) asking if they could "nail me with anything" and to "just find something" to charge me with. At the moment I guess they didn't find anything or didn't want to, whichever it was I dont' know. So they removed my handcuffs and finger printed me and took my picture. They kept the weapon, which I didn't mind and I was free to go. I waited around for our ride to come to pick us up since both of us couldn't drive because of the alcohol and to post bail for my brother. So we were on our way.
Now, 3 months later, April 16th, We had just used $1000 to retain a lawyer for my brother, for the driving while revoked case, that very morning. Then, as luck would have it, I receive a letter in the mail stating I am required to make an appearance for court about the knife. I am being charged with "Possession of a switch-blade knife". I've spoken breifly with a local lawyer and it seems I'm facing up to 9 months in jail and/or up to $10,000 in fines I believe. The 2 page report/complaint filed against me was literally my brother's report/complaint with a paragraph appended to the end stating that I had a switchblade knife and admitted to owning it.
Facts about me, I was convicted of a felony for burglary in 1997 which was my last and only offense other than traffic. I've changed and my record show's it, I've been out of trouble since then and I feel I've matured beyond that point when I was younger and for the past 7 years it's a constant reminder to me that that's not the right track to follow. I was given 3 years probation and in that time I had no trouble. I was a good boy. Other than that, there's not much more to know as far as my record goes.
I work at home, taking care of my mother who is quite elderly and diabetic. She had a stroke 4 years ago which has somewhat immobilized her, she need's a cane or walker to get around safely. I do all most of the cooking, cleaning, give her pills, check her blood sugar and pressure daily. I take her shopping, do her laundery, take her to her scheduled doctor visits, pick up her medications...etc We don't want to send her to a home so I've taken this responsibility and I simply do not have time to get into trouble anymore, nor do I want to even if I did have a lot of free time. I'm paid through the state, so yes I am actually employed.
My education is college level. I graduated with my high school class when I was 17. I was attending college but took some time off to take care of my mother. I intend on continuing and completing my college education via online courses so I can take care of my mother as well as get my education.
Truth is, it was just a mistake. The knife can be dangerous, as any knife can be but 1) I didn't know it was illegal. 2) I didn't know I had it 3) It's just a collectable and 4) I was arrested and released back in January.
I really don't need this on my record as bad as it is already, it's very hard to find a job as it is already. I can't vote, I can't go hunting with my dad...etc It's very frustrating. I'm trying my best to stay out of troubbe and yet it still follows me where I go and whatever I do. In plain english, this just sucks. I don't want to sound ignorant either but this charge seems like they are just trying to get what they can out of my brother and I. I'm very frustrated that something like this can come up and I'm so stressed out with all of this. Especially, when I know I didn't purposefully possess that knife that night. I know that this all stemmed from me not driving initially and there's no excuse, I try and try but it seems sometimes things just dont work out well for me.
My question's are as follows:
1. Given the situation, is it likely we could have this case dropped?
2. If convicted, what realistic consequences am I facing? Considering my criminal record. Do you think a deal could probably be worked out? (i.e. Community service, probation, a fine...etc?)
3. My funds and my mother's funds for this month went to help my brother get a lawyer, I'm low on cash. What do I do? I do not qualify for a public defender.
4. Since i'm low on cash, my other older brother has a little experience dealing with the court. He works at a local minority(I am asian) community assistance organization and has helped many people in situtions in court. Is it wise to have him represent me? I wouldn't want to offend the court by bringing someone who's not a lawyer to represent me, and at that, my brother even.
5. If it's not a good idea, what are my options? Keep in mind cash is low and loans aren't good either.
I apologize for the lengthy post but I didn't want to leave out any details and hoped it'd help anyone with advice see where I'm coming from.
Thanks in advance for your time and advice.
There's a lot of details that may or may not be significant to the case but hopefully it can help you visualize the entire situation and better understand where I stand in this case. I will try to be as breif as possible. If not, you may skip down to the last few paragraphs to get to the point.
Back in January, my brother and I were driving to visit my nephew. It was about a 2 hour drive, about 8:30pm and we happened to stop in a small town of about 10,000 or so for a restroom break. When we were heading out to get back on the highway, we missed the turn so we had to make a u-turn. In doing so, we noticed a marked squad-car parked near there, in the dark. He didn't take any action, but about 3 blocks down, another squad-car takes a U-turn and pulls us over supposedly for speeding.
Now, the details of the arrest.
I can't see well at night so my brother drove. I have a valid drivers license, he didn't. Plus, we had been drinking. 2 each, which isn't much for us. No OWI charge. I cooperated. The drinking wasn't even an issue. During the questioning, the commanding officer drives by and I assume he had the arresting officer search our car. We had nothing to hide so we gave him permission. It was a thorough search, he even searched the trunk and went through our fishing equipment. After that, my bother was given an alocohol breathilizer test and was handcuffed and put into the squad-car.
Next, the arresting officer tells me "You're lucky, we're letting you go, you can either follow us to the station or go pickup money to bail him out". Then, suddenly, he jumps back into our car and pulls out a switchblade knife, specifically a "butter-fly" knife. The blade is initially enclosed within the handle, which opens up and flips over for use. The blade is 3 inches long, not including the handle. It's not the "press a button" blade. He asked who's it was. And I honestly told him it was mine but at the same time, I honestly didn't know it was in my backpack, which I had brought along to put my clothes for the weekend trip, which I told him. It wasn't concealed either. It was in it's own pocket in the backpack but nothing covered it or anything to hide it's presence.
The actual details are, the knife has been in there for over a year. I had no intention of using it nor did I know it was in my possession(in my backpack,which was in the backseat).In the past, I was an exotic knife collector and it was one of them. I try not to make a habit of transporting knives.
I told the officer this but it seems as if me not knowing was irrelavant.The arresting officer told me that knife was illegal. I responded saying I didn't know, since I bought it at a gift shop in Chicago. Where exactly, I don't recall. These types of knives are also sold in flea markets, many liquidation type sales, and probably some hunting or sporting good shops. If you're looking to run to Wal-Mart or Gander Mountain, I doubt you'd find one though. Anyways, after I responded, "I bought it at a gift shop, I didn't know it was illegal". The commanding officer then responded saying something along the lines of "Like weed? Do they sell weed at stores?". I didn't want to "mouth off" but I didn't see how his response had anything to do with the situation so I responded by asking what weed had to do with anything and repeated myself by telling them I bought it at a gift shop and didn't know it was illegal, also that I didn't know it was in my backpack.
Regardless of those facts, I know that possession is possession. So they took me downtown, handcuffed of course. I overheard the CO(commanding officer) asking if they could "nail me with anything" and to "just find something" to charge me with. At the moment I guess they didn't find anything or didn't want to, whichever it was I dont' know. So they removed my handcuffs and finger printed me and took my picture. They kept the weapon, which I didn't mind and I was free to go. I waited around for our ride to come to pick us up since both of us couldn't drive because of the alcohol and to post bail for my brother. So we were on our way.
Now, 3 months later, April 16th, We had just used $1000 to retain a lawyer for my brother, for the driving while revoked case, that very morning. Then, as luck would have it, I receive a letter in the mail stating I am required to make an appearance for court about the knife. I am being charged with "Possession of a switch-blade knife". I've spoken breifly with a local lawyer and it seems I'm facing up to 9 months in jail and/or up to $10,000 in fines I believe. The 2 page report/complaint filed against me was literally my brother's report/complaint with a paragraph appended to the end stating that I had a switchblade knife and admitted to owning it.
Facts about me, I was convicted of a felony for burglary in 1997 which was my last and only offense other than traffic. I've changed and my record show's it, I've been out of trouble since then and I feel I've matured beyond that point when I was younger and for the past 7 years it's a constant reminder to me that that's not the right track to follow. I was given 3 years probation and in that time I had no trouble. I was a good boy
. Other than that, there's not much more to know as far as my record goes.I work at home, taking care of my mother who is quite elderly and diabetic. She had a stroke 4 years ago which has somewhat immobilized her, she need's a cane or walker to get around safely. I do all most of the cooking, cleaning, give her pills, check her blood sugar and pressure daily. I take her shopping, do her laundery, take her to her scheduled doctor visits, pick up her medications...etc We don't want to send her to a home so I've taken this responsibility and I simply do not have time to get into trouble anymore, nor do I want to even if I did have a lot of free time. I'm paid through the state, so yes I am actually employed.
My education is college level. I graduated with my high school class when I was 17. I was attending college but took some time off to take care of my mother. I intend on continuing and completing my college education via online courses so I can take care of my mother as well as get my education.
Truth is, it was just a mistake. The knife can be dangerous, as any knife can be but 1) I didn't know it was illegal. 2) I didn't know I had it 3) It's just a collectable and 4) I was arrested and released back in January.
I really don't need this on my record as bad as it is already, it's very hard to find a job as it is already. I can't vote, I can't go hunting with my dad...etc It's very frustrating. I'm trying my best to stay out of troubbe and yet it still follows me where I go and whatever I do. In plain english, this just sucks. I don't want to sound ignorant either but this charge seems like they are just trying to get what they can out of my brother and I. I'm very frustrated that something like this can come up and I'm so stressed out with all of this. Especially, when I know I didn't purposefully possess that knife that night. I know that this all stemmed from me not driving initially and there's no excuse, I try and try but it seems sometimes things just dont work out well for me.
My question's are as follows:
1. Given the situation, is it likely we could have this case dropped?
2. If convicted, what realistic consequences am I facing? Considering my criminal record. Do you think a deal could probably be worked out? (i.e. Community service, probation, a fine...etc?)
3. My funds and my mother's funds for this month went to help my brother get a lawyer, I'm low on cash. What do I do? I do not qualify for a public defender.
4. Since i'm low on cash, my other older brother has a little experience dealing with the court. He works at a local minority(I am asian) community assistance organization and has helped many people in situtions in court. Is it wise to have him represent me? I wouldn't want to offend the court by bringing someone who's not a lawyer to represent me, and at that, my brother even.
5. If it's not a good idea, what are my options? Keep in mind cash is low and loans aren't good either.
I apologize for the lengthy post but I didn't want to leave out any details and hoped it'd help anyone with advice see where I'm coming from.
Thanks in advance for your time and advice.
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